Madam Speaker, I am pleased to rise and speak on Bill C-3, an act respecting DNA identification and to make consequential amendments to the Criminal Code and other acts. I would also like to commend my colleague, the hon. member for Guelph—Wellington, the Parliamentary Secretary to Minister of Labour. I agree with almost all the comments she made during her presentation this morning.
This bill represents the second phase of the government's DNA strategy. The first phase, Bill C-104, was put in place two and a half years ago when amendments were made to the Criminal Code to create a DNA warrant system. That system provides for a provincial court judge to issue a warrant allowing police to collect samples of bodily substances when a person is suspected of committing a designated offence.
We heard from those on the front lines who tell us that the use of DNA evidence has been a very powerful investigative tool. It is already proven to be one of the most accurate methods of obtaining solid identification in criminal investigations.
The warrant system is working well. I remind members opposite that it can be obtained on arrest and charge. With reasonable and probable grounds warrants will be issued.
The second phase of the DNA initiative further demonstrates that the government is committed to fighting crime, especially violent crime, as described in our safer communities agenda. For the benefit of those who may not be familiar with this bill I would like to take the opportunity to outline some of its major components.
This bill provides the legal authority for the RCMP to set up and maintain a national DNA bank. I know that all members of this House support the maintenance of a DNA bank.
This DNA databank will consist of two indices or databases. The first database is called the crime scene index and will contain DNA profiles from bodily substances found at the scene of a crime.
The second database which is known as the convicted offenders index will contain the DNA profiles obtained from persons convicted of certain crimes. Police will be able to cross reference information in one index and help one another to solve the unsolved crimes. Hundreds of victims and their families who thought they would never see justice done will find the justice they seek through this legislation.
I am supporting this legislation because it is preventive in nature. At the committee hearings Chief Brian Ford, chair of the law amendments committee of the Canadian Association of Chiefs of Police, said:
Madam Chair, members of the committee, we support Bill C-3. This is important legislation and we encourage you to favourably recommend its passage to parliament. Bill C-3 is unlike other criminal legislation because it is fundamentally preventative in nature. This makes Bill C-3 very special.
The theory of prevention in Bill C-3 is that when a person actually knows that his or her DNA has been recorded this person is unlikely to reoffend, knowing that the prospects of detection and conviction are so high. This deterrent is pure prevention.
So in passing this bill, parliament should know that it is preventing crime, not just giving police more tools to investigate.
I agree with Chief Ford. Should the prevention of crime not be our first responsibility as law makers? Our police forces need this bill. I am an ardent supporter of the police and I am supporting this legislation because it gives them the tools necessary to fight crime and keep Canadian communities safe. I know, and as I have said before, all Canadians agree that we need a DNA databank in Canada.
I quoted Chief Ford and I would not want to mislead members of the Canadian public. While Chief Ford indicated that this bill was worthy of support, he also was very forceful in indicating that the police associations feel it does not go far enough. I have felt this also. I believe there is some merit to what they are saying but as the member for Guelph—Wellington pointed out earlier, have to be very mindful of our Canadian Constitution. I am not willing to put the excellent aspects of this bill in jeopardy through a constitutional challenge. I think that is something we need to work out.
The main disagreements that have been articulated by Chief Ford, Scott Newark, Neal Jessop, members of the Canadian police associations arise when we are talking about when DNA samples are collected. I think there is a certain amount of merit in being able to say that when there is probable cause, whether the person has been convicted or not, the collection of DNA samples may be proper.
I remind members of the House that currently as a result of the first part of legislation talking about DNA, this is available to police. It is not automatic as they would wish but if they could show probable cause, then the police are able under the current warrant system to collect the DNA samples they feel they need. They can be run with the inclusion of this new bill through a DNA bank.
Currently police will tell us that the warrant system is working very well but it lacks one major component and that is the actual creation of a database. Bill C-3 creates this database that will allow police to take what has already been working well, the warrant system of collection, one step further.
Members of the police association and others, most particularly members of the Reform Party, argue that the scope of offences for automatic DNA data banking should be expanded. I think they have valid concerns. I would like to see the scope of those offences for which automatic DNA testing is done expanded.
While I have a great deal of sympathy, I do not feel that the concerns raised are enough to provide opposition to the bill. The creation of the data bank is vital and this bill brings it to fruition. We need to support it and, as legislators, we need to work with the police and other law enforcement agencies to strengthen the bill in the future. However, I think we have to do it one step at a time. I would hate to see the bill thrown out simply because it does not go as far as some people would hope.
I would like to examine the proposal that DNA sampling is no different than collecting fingerprints. I would argue very fundamentally that while the actual process may not seem intrusive, the data collected is very different from that of a fingerprint. A fingerprint is one form of identification and it is very narrow in its scope. Once we have collected a DNA sample, then a person's entire genetic make-up is available for one and all.
This also raises other concerns. I have reviewed much of the testimony that went on at the committee meetings. I would remind members that this debate is not one day in the House of Commons. This has been going on for a long period of time. The scope of the committee has made it possible for all members from all parties to talk to the minister and to cross-examine witnesses.
They have raised some very valid points, but I continue to say that as much as I support many of the points and would like to see this bill go a lot further, that is not sufficient to delay passage of a very important tool in the hands of police authorities.
Madam Speaker, how much time do I have left?