Madam Speaker, I am pleased to partake in this debate and pleased particularly to follow my hon. friends and colleagues in the NDP and the Bloc.
I do note with some amusement that what we have here in the motion is a defence lawyer asking for more time in a sentence. I think that is telling and I think it is indicative of the intent of this motion, to emphasize the importance of protection of privacy here and to put a greater degree of flexibility before the courts to allow a judge to impose a sentence of up to five years when an individual chooses to breach this important piece of legislation by potentially misusing DNA evidence.
It is something that we in the House and hopefully the government will take very seriously and perhaps embrace the suggestion brought forward by the hon. member for Sydney—Victoria.
The flexibility, the discretion it would allow is certainly very important. It is also going to be safeguarded, as the hon. member for Sydney—Victoria indicated, in the sense that a judge still has discretion. There is still the fallback position that there is the summary offence by which the crown can proceed, that coupled with the fact that the crown and the defence will always have input into the sentencing process. The judge will then be called upon to apply the sentencing principles, to ensure fairness, to ensure that it is a measured response and not a cookie cutter response, a phrase that my hon. colleague from Nova Scotia will have also heard in courtrooms.
It is there. It is implicit in the particular system we have that there is not going to be a disproportionate response.
The hon. member's motion in essence broadens the ability of judges to look at the factual scenario before them if it involves a breach of this privacy, a breach or misuse of DNA evidence. I therefore concur with his remarks. I believe it is an important motion he is bringing to the House.
It emphasizes and provides a more serious note and response to a criminal activity that would involve the criminal misuse of DNA evidence. It is important that we look at this and consider it very seriously because in bringing forward the bill we are arming the government and police with a very important tool to respond to a very important and widespread problem in Canada.
That is why we on this side of the House are encouraging the government to go all the way. I think this is going to be the emerging rallying cry about this particular piece of legislation, all the way with DNA. Let us use this to the full extent. Let us for once be on the cutting edge of the justice system. Let us move forward, not with tentative steps. With no disrespect whatsoever to the supreme court, let us not clutter our minds too much with what the supreme court will do with this piece of legislation. Let us move forward in an informed way.
We have had extensive hearings on this particular bill. Numerous witnesses have given input before the committee. Members of the policing community, members of the victims advocates groups, members of the science community who are going to be called upon to implement this bill, all of them are encouraging us to make the most of this opportunity we have at this time. This is the time for parliament to act, to do something in a positive way that is going to help the law enforcement community and significantly help satisfy those victims who feel that the justice system is failing them.
To put a point on this, we have an opportunity to reflect the serious reprisals when this legislation is breached. If a person chooses to misuse this, the hon. member's suggestion is that we should raise the ceiling to five years for an indictable offence involving the misuse of DNA technology. That sends a very clear, unequivocal message to those who would be so inclined to partake in that criminal activity. It ups the ante on the importance of ensuring that there is deterrence, that there is a significant response from the government and from the justice system when this legislation is breached.
We need to ensure that the police and Canadians at large know they have the support of parliament and know that parliament is working to protect them.
On behalf of the Progressive Conservative Party, we support this particular amendment. We support it as an important step in building a piece of legislation that is workable and that is taken very seriously by Canadians. It allows the police to get on with the very important task they are charged with, to implement and to use this tool in a significant way in their daily fight against crime.
With those remarks, I congratulate the hon. member for Sydney—Victoria, my colleague from Nova Scotia. He brings forward a very important amendment. I urge all members of this House at the time of the vote to take it very seriously, turn their minds to this suggestion and to support it. That is what should happen.