Mr. Speaker, I have just a couple of points I would like to put on the record in this final reading debate of Bill C-3. I would like to follow up on the closing remarks of the hon. member for Scarborough—Rouge River.
During the examination of the bill by the justice committee of which we were both members, the record will show that the justice officials who appeared before the committee on two different occasions indicated there was a necessity to go slow on the taking of DNA samples. There must be some degree of reluctance to move into the area we are asking the government to take the bill. At a later date we could do that. I think this was the inference by my hon. colleague who spoke last, let us give this some time and let us advance the bill into these areas after some time has elapsed.
To me the inference of this is that the judges may rule something unconstitutional today that they are going to rule constitutional tomorrow. If that is the case, then I would suggest the three independent legal opinions that were submitted late by the government on this bill are simply redundant and meaningless.
I add as well that I have listened to many of the speakers today. They do not seem to understand that their concerns over the intrusive nature of taking a blood sample, a hair sample or a saliva swab have already passed the constitutional test. It is there in the Criminal Code now for something that is not always tried by indictment, impaired driving. At least one of the former judges who submitted a legal opinion on this bill referred to that fact. If it is not a constitutional violation to take a blood sample in connection with an impaired driving charge which may be tried by indictment or summary conviction, then why would it be unconstitutional now to take a blood sample, the most intrusive of three methods of taking a DNA sample from a human being?
We examined these two very strongly presented arguments against going beyond what the bill does now, which is the intrusive nature of it as well as the privacy of the individual. We heard many times from witnesses as well as from members of the committee. I believe we heard it here today during this final debate that the extensive nature of the information gained from a DNA sample is what causes people to be concerned about allowing this to occur.
We know every day there are blood samples taken and lodged in clinics and in a bank somewhere. The detrimental or negative impact of having those samples somewhere in a data bank has not resulted in the negative aspects which many witnesses and members of the government have put forward would occur if we went beyond where the bill takes us today.
My colleague from Scarborough—Rouge River referred to another point, the rapid advancement of the technology to take DNA samples. There may come a day when we will leave a sample on the barbershop floor that will be suitable for DNA testing. We know that a blood sample is taken when every child is born. The sample is lodged somewhere in a data bank at least for a certain period of time.
When we examine the privacy aspect and the intrusive nature, and I can refer hon. colleagues back to the record of the witnesses who appeared before the committee, there is just not an arguable, sustainable, logical, comprehensive debate on either of these two issues to deny further advancement of the taking of DNA samples at the time of charge. It simply does not exist.
My hon. colleague from the Tory party who sits on the committee has touched upon the real reason we are not going as far as we should be going to satisfy the needs of the Canadian Police Association and other law enforcement spokespersons as well as members in the opposition parties. There is fear and concern and a degree of timidity with regard to what the Supreme Court of Canada will say.
I go back to my opening comments. If we are to go slow or to go into the area we want the bill to cover at a later date because of a fear that if we bring it in too early the supreme court will strike it down, we are really saying that what it declares unconstitutional today it will not declare unconstitutional tomorrow as it gets used to it and as it becomes part of our legal system, the legislation and the process. That is wrong. What is constitutional today must be constitutional tomorrow. How can what is constitutional today be unconstitutional tomorrow?
I do not understand or comprehend that argument. Inasmuch as we have opened the door and entered the room of taking samples from those who are convicted and incarcerated for designated primary offences, we have taken that step and will take samples from certain individuals.
What is the difference in going beyond that? Why is there a reluctance to go beyond that and include all primary designated offences in that category? I do not understand. When we asked that question before the committee the answers were not comprehensible to me and were not justifiable in refusing to move further into that area.
I wrap up my comments by saying we all know the bill is moving in the right direction. However, the role of the opposition is to leave its concern indelibly marked on any document it does not feel is in the best interest of Canadians.
The government is to move this bill forward and it will pass. I hope members of the Senate will take a hard look at what we have been asking for, what the Canadian Police Association has been asking for and what others have been asking for. Some good work comes out of the other place regardless of our feelings about its make-up and constitution. When it gets to the Senate I hope the committee that looks at it will examine our concerns and why opposition members could not endorse the bill.
Perhaps the government is right. Perhaps in time all our requirements will be met. The problem is that it is a matter of safety, of concern and of providing the police with the tools they could have now but will not have on the passage of the bill. This is a shortcoming we cannot accept and must object to. We will do so by the way we vote on the bill in the House.