Madam Speaker, with respect to the comments of my colleague from Pictou—Antigonish—Guysborough, I too know Butch Fiske. He gave me the same advice just before an appeal. He was brief and concise; I was longer and I won. I think it is good advice.
The New Democratic Party will be supporting this legislation. It is good legislation and we welcome it. As has been said, it mirrors the legislation that was introduced in the House dealing with the DNA identification data bank in the civil courts.
It is important to note that many witnesses came before the justice committee and gave of their time and their ideas to help us craft the right legislation. When that is done properly we see what happens, a government bill that is supported by the Canadian Alliance, the Conservatives, the NDP and the Bloc.
My colleague from Pictou—Antigonish—Guysborough spoke about how he and certain police associations hoped that the legislation would go further in terms of allowing the taking of DNA at the time of arrest. I appreciate that. When we craft laws, and this law is important for public safety, we always have to balance what we know to be fundamental rights. The difference between taking DNA samples and taking a fingerprint is the difference between taking bodily fluids and taking a photograph. That is the way the courts have viewed it and I think that is the way ethicists have looked at it.
I was one of the individuals who raised these issues at the justice committee. We sought opinions from some retired supreme court justices. They concurred that it would be detrimental to the legislation to allow the taking of DNA samples at the time of arrest. Nobody in the House wanted to craft a bill that would not withstand a legal challenge. From my way of thinking it was better to get a piece of sound legislation passed as quickly as possible that would provide for public safety and give the police the tools they need.
A great deal has been said in the House about this legislation. It provides the military with the same tools that the civilian police force have. Because the RCMP would not have jurisdiction in the taking of the samples, it extends powers to the military courts and it extends the power to issue the warrants to the military justices.
There is consensus on the bill. The NDP will be supporting this important piece of legislation. It uses today's technology in a way to prevent crime and also to determine the guilt or innocence of an individual. It is interesting that the bill comes on the day when the Minister of Justice talked about enhancing support mechanisms for investigation of wrongfully convicted individuals. DNA will form an important part of that in the same way that it provides a useful tool for those who have committed a crime in determining their guilt.
We always have to bear in mind the presumption of innocence. DNA is but a tool in the same way that fingerprints are and other evidence is in determining the construction of a case against an accused. We always have to bear in mind at the beginning that the accused is presumed innocent and this is but one investigative tool, albeit an important one.
I get a little nervous when people start to think that science is foolproof, that technology has all the answers, but this is an important piece of legislation for evidence gathering and we will support the legislation.