Mr. Speaker, you will note that because I am going to the Senators game tonight we will have a victory over there. That is why the juggling of the order, to allow me the time to get ready so that I can help them out.
DNA evidence has been used in the courts since 1988. The question is why has it taken a full decade for the government to come up with comprehensive legislation for the collecting of DNA samples to allow peace officers and the justice system to do their jobs. The tools are widely available for the collection of DNA samples. The track record for proving convictions and for proving innocence such as the recent high profile exonerations demonstrates the validity and viability of DNA testing.
Why is the government so far behind in this technology? Why is the government going through such great lengths to limit these tools and methods of DNA collection? Should the government instead be concentrating on regulating and safeguarding the methods available? The government is concerned with the protection of the rights of the criminals. That is why the bill allows only for the collection of DNA samples after a conviction for a crime that has been committed. Too bad the government does not use the same rationale in protecting the rights of law-abiding Canadians. The government has no problem setting up a central gun registry forcing people who have not committed a crime to give private information to the government and to keep a central databank.
Why is the government willing to punish law-abiding Canadians by establishing a flawed gun registry while at the same time hindering justice by not collecting DNA when a person is charged with a crime?
The Canadian Police Association represents the frontline of our justice system. Police officers are concerned that if they have to wait until a conviction in order to collect DNA samples, they will not be able to introduce DNA evidence during trial proceedings. This would be like not using fingerprints as evidence until after the person has been convicted.
Will the government tell us what it is afraid of? Will it accept the Canadian Police Association's recommendation that DNA samples be collected when a person who has previously committed a crime is being charged with the present crime? The police are concerned that if they have to wait for the conviction before collecting a DNA sample the accused would rather skip bail or not fulfil parole conditions rather than voluntarily submitting to DNA samples being taken from him or her.
Why volunteer to give evidence which may very well convict him or her of an unsolved crime? How can the government continue to argue against the rationale that is being given by the police who know and have to work with the criminal element? Why is the government willing to listen to people protecting the rights of criminals rather than the Canadian Police Association which promotes the interest of our police men and women?
The public is already concerned with the lack of teeth in Canada's justice system. The Young Offenders Act is under public scrutiny because it sees young offenders repeating crimes. The public is concerned about criminals released on early parole because once released many are again committing crimes. If these repeat offenders knew that their DNA samples were in a central registry, would they not be less likely to commit a crime? Does it not make sense to put into place preventive measures such as an extensive DNA sample bank for future victims?
The Canadian Police Association's main philosophical objection with Bill C-3 is this. It is a fundamental disagreement over the sovereign legislative authority of parliament in originating criminal law as opposed to a judicially supreme system favoured by the department and some justices. Having responsible government taken away from a free people is a terrible thing but giving it away is surely worse.
The government was concerned about what the courts would think of this bill when it was drafting it. Rather, should the courts not be concerned about what parliament is thinking? It is parliament that makes the laws, not the courts. The job of the courts is to enforce the laws that parliament makes. If this business of second guessing each other continues, it is the legislative function of parliament that will be hindered. It is known now that parliament is being hindered by the courts.
We all have a desire to protect our families and society. This bill would provide for matching DNA samples taken from a crime scene with those samples in the DNA bank. Does it not make sense that the larger the data source of the DNA bank, the likelier a match will be found? Why not seek measures to increase the data in the DNA bank rather than limiting the tools needed by law enforcement officers?
I have two more points. One of my colleagues said that this bill is a half step. It is obvious that this bill is going to have to be amended a number of times over the next few years. In the meantime because of samples that are not taken as a result of this proposed legislation, crimes will go unsolved. There is no question about that.
Why not get the bill right the first time? Why not accept the valuable suggestions from the Canadian Police Association and the opposition so that we have a bill that works from the start rather than having to amend it in the future?
All of us are concerned about due process. All of us are concerned about privacy. None of us want to see a system of DNA registration that would hinder our individual rights. The safeguard that has been proposed is that anyone who has already been convicted of a crime when charged with another would have to provide DNA samples. This way the general law-abiding public would not be subject to undue process in the courts.
Does the government think that people who have committed crimes against society have the same privileges as those who have kept the law? It is obvious attention is not given to the independence of this House. It is not given to the innocence of the victims but rather we are determined to continue to give rights to those who have already committed a crime.
As Churchill said, give our police the tools so they can finish the job. Do not hinder them in their pursuit of doing their job of bringing criminals to trial.