Madam Speaker, I am very pleased to rise to speak in support of Bill C-3 which, when it comes into force, will permit the creation of a national DNA data bank in Canada.
There has already been much public debate on the need for such legislation. I believe there is consensus in the House and across the country in support of the creation of a national DNA data bank as proposed in Bill C-3.
Canadians know that in 1995 parliament enacted amendments to the Criminal Code which introduced the DNA warrant scheme into our criminal law. This legislation has been successfully used in the three years since in the investigation of serious crimes such as sexual assault and murder. Criminals who might otherwise have gone undetected and unpunished have been brought to justice.
I do not intend to use my time today to add to the reasons we should all agree that Canadian law enforcement should be provided a tool which will allow it to take fuller advantage of forensic DNA science. Rather my comments today will focus on one issue, perhaps the most controversial issue dealt with in this important legislation, the timing of the collection of bodily substances for inclusion in the national DNA data bank.
It is no secret that the Canadian Police Association and the Canadian Association of Chiefs of Police would have favoured a scheme which permitted police to take DNA samples for the purposes of the DNA data bank from suspects at the time of charge rather than following conviction. This is what the government proposes.
Both organizations have appeared before the Standing Committee on Justice and Human Rights. Both are sincere in their views and both believe that a DNA data bank would be more effective if it was broader in scope. With respect, both have closed their eyes to the constitutional dangers of what they proposed.
While the Canadian Association of Chiefs of Police has taken the high road on this issue, the Canadian Police Association has persisted in a questionable campaign against Bill C-3. The CPA claims that if the bill is not amended in keeping with its wishes it will only be a matter of time before the government will be blamed for a murder or a rape or a child sex scandal.
In a letter recently written to all members of parliament the CPA had the nerve to criticize the independent legal opinions concerning this issue which were obtained by the government simply because they were obtained by the government. Or, was it simply because they support the legal advice provided to the standing committee by the justice department experts when they appeared before it and that of their counterparts from the ministry of the attorney general of Ontario and the department of justice of New Brunswick? Or, was it because they cannot bear that the legal opinions completely discredit the ones obtained by the association?
The CPA seems to suggest that the government's outside legal opinions are less independent than the one obtained by the CPA. Is it suggesting some indirect pressure was brought to bear on the legal minds that provided the government with their opinions?
On Friday, May 1, 1998, the Department of Justice released the legal opinions of three of the most respected legal minds in Canada, three former court of appeal justices, regarding the issue of when DNA samples can be collected for the purposes of the national DNA data bank.
Former Justice Martin Taylor of the British Columbia Court of Appeal and former Chief Justices Charles Dubin of the Ontario Court of Appeal and Claude Bisson of the Quebec Court of Appeal each concluded independently that the proposal to permit the police to take DNA samples from persons at the time of charge for the purposes of the national DNA data bank would not survive charter scrutiny.
The CPA has chosen to close its eyes and ears to the advice of legal experts. It continues to urge changes to the bill which would clearly be unconstitutional. It ignores the clear signs which exist for all to see. It is as though it has embarked on a high speed chase on black ice in a school zone and ignored the signs that warn of a school crossing ahead as it hurtled carelessly forward.
The government cannot act dangerously. It has the duty to anticipate the results of the legislation it presents to parliament and to consider that if the legislation is found unconstitutional the results in terms of justice will be tragic.
Let us consider, for example, that any evidence resulting from a match of DNA profiles in the national DNA data bank would likely be thrown out in a criminal case. As well, persons convicted on the basis of such evidence could ask to have their convictions overturned and they might seek compensation for having been wrongly convicted. It is clear that the DNA profiles of these persons would have to be removed from the data bank. Canadians would be shocked by such a disaster, especially when it could have been avoided.
I will close my remarks by saying that Bill C-3 promises the proper blueprint for a national DNA data bank in Canada, one which is respectful of constitutional requirements and effective.
The views of the police in this matter are self-evident. Members of the House must carefully weigh, in deciding how they will vote on the legislation, the likelihood of the government's proposal surviving an obvious constitutional challenge as opposed to the chances of the police scheme meeting the existing constitutional requirements.