Mr. Speaker, I have been following the debate today on this bill to adopt legislation which would create a DNA databank for Canada.
This was a major piece of work for us sitting on the House of Commons justice committee earlier this year. As have all colleagues on the justice committee, I have had an opportunity to look at the legislation from several perspectives and now we have a debate in the House.
It is quite useful to all of us in the House to have an opportunity to look at the different aspects of the bill from a public interest point of view. I think we have done our very best to make this bill as good as we can, as good as it can be, so it will serve the public interest.
The perspectives of the opposition are useful here today. They like the principle of the bill, but they are suggesting the bill could be better. That is the way the opposition is supposed to operate around here, and I urge them to continue. All of us here in government and in opposition are listening and looking for ways to improve the content of our legislation all the time.
What does the bill do? We have heard that it creates a DNA data bank for the first time for Canadians. We have not had one up until now. We do use DNA in criminal investigations and in court prosecutions. We have embarked on that road. We have made amendments to our Criminal Code, and successfully so.
It is important to remember that although we are setting up a DNA data bank for certain classes of DNA samples, we do have outside of that DNA data bank a process for obtaining DNA samples on warrant for criminal investigations. That will continue. Just because the DNA data bank proposed here will not have a DNA sample from a particular class of convicted criminals or some other category, it does not mean that the police are not using DNA in criminal investigations and in the public interest.
I would also point out that the manner in which the DNA data bank is being created here is, from the point of view of government, reasonably cost effective. There are methods of approach here that we could have spent a bundle on, but the minister and the Royal Canadian Mountain Police have made a real attempt to get the data bank up and running in a cost effective way and I think we should take note of that.
Dominating the discussion and leading up to this point in the House has been concern over the charter or civil liberty implications of the data bank. In fact it is true to say that those concerns have shaped the data bank itself, the design of it, and how the DNA will be used.
I can say right away and I think all members accept that the privacy provisions contained in the bill are as good as we can make them. Doubtless there are always privacy concerns, but the protection of the information is as watertight as we can make it in the public interest. The DNA analysis and the samples do have to be used for the purpose intended. That means real people doing real jobs. The police community will have to have access to the sampling and to the analysis, but there are serious penalties attached to the misuse of that information.
I accept, and colleagues all around the House note, that a DNA sample is capable of revealing an awful lot of information about a human being. Its use in the data bank is solely for the purpose of identification, nothing else. The material will have to be monitored and disposed of as quickly as the public interest will allow.
What are the charter concerns? I want to focus on the big one because I think there has been some misunderstanding of what the charter hurdle has been. Why were we not able to construct a DNA data bank that allowed the taking of a sample at the time of charge or at any time for that matter? Why did we insist that it be taken only at the time of conviction?
It is not the privacy concern. We have a privacy concern here no matter who the sample has been taken from. Whether the person is a convicted person or not, we still have a privacy issue. It is not privacy that is our hurdle. I believe the big charter problem, the big hurdle is the current intrusiveness of the sampling process.
At this point in time in order to get a DNA sample something actually has to be physically taken from the human body. It has to be scraped, it has to be gouged, it has to be expressed, a hair has to be yanked out by the root. The physical integrity of the human body has to be intruded upon in order to get that sample.
I am comfortable with the concept that at this point in our history our charter protects our bodily integrity from that type of state intrusion, unless we consent to it or unless the law allows it in some other way. I do not think we have made a case here that will allow under our charter the state to gouge or pull or scrape or express a piece of a person's body simply because a person has been charged on the basis of reasonable grounds. That is the hurdle.
Let us talk about what the future may bring. It may come to pass, it may already be here or we may be very close to it, that technology and science may allow the taking of a DNA sample without that degree of intrusiveness. The simple pressing of a finger or a palm against a plate may allow the taking of a DNA sample. If that is the case, if that is the degree of intrusiveness, then we may indeed have something similar to a fingerprint. We take fingerprints now not on conviction but at charge.
We have to get to the point where the sampling process is simply not intrusive, as non-intrusive as the taking of a fingerprint, and we are not quite there yet. There are half a dozen ways to get a sufficient sample for an analysis here and none of them are quite as simple as the thumbprint. We have not got that yet.
I am told and at committee we seemed to have information which indicated that technology is moving at a pace now where we may be able to extract a sufficient DNA sample from something similar to blowing into a breathalyser or taking a palm print. When we get there, society and the law may accept that we can take DNA samples at charge or at birth or whenever. This is an issue Canadians doubtless are going to have to address in the future.
I will leave the subject matter there. The 10 minutes has run by rather quickly. As a legislator, if I am still around in this place in a few years, one never knows, but the House will doubtless have an opportunity to enhance and upgrade the DNA provisions of the Criminal Code just as we have done for the last five or 10 years. We will get another kick at the cat, and no offence to the cats of Canada. I hope we do get there and I hope the DNA data bank created by the bill gets off and running quickly so the RCMP can do their best to enhance public safety as intended by the bill.