Madam Speaker, I am pleased to have this opportunity to speak in support of this bill, because the changes to the legislation on DNA banks it proposes will also affect the National Defence Act.
The bill will add to the list of designated offences under the Criminal Code. Consequently, the numbered of designated offences under the National Defence Act will also be added to.
A similar situation occurred in the past. Members will recall that the National Defence Act was also amended when the DNA Identification Act came into force in June 2000. Under the changes introduced at that time, judges, including military judges at courts martial, were given the power to order the collection of bodily substances from offenders convicted of designated offences. This power is the same as the power that was granted to civilian criminal court judges.
Within the present military justice system, if an offender is found guilty of a designated offence at a court martial, the military judge can order that a DNA sample be taken from the offender. The military judge must consider, in the case of a primary designated offence, whether the impact of such an order on the privacy and security of the offender would be grossly disproportionate to the public interest in the protection of society and the proper administration of justice.
In the case of a secondary designated offence, the military judge may be satisfied that it is in the best interest of the administration of justice to make the order and must consider the nature of the offence, the circumstances surrounding its commission, any previous convictions and the impact on privacy. Samples are usually taken by a trained military police member immediately after the conclusion of the court martial and then are sent for analysis.
The results of the forensic DNA analysis are then transmitted to the Commissioner of the RCMP for entry in the convicted offenders index of the national DNA data bank established under the DNA Identification Act.
The changes proposed in the bill would further enhance the military justice system and crime solving in Canada, while respecting the rights of Canadians to privacy. It would do so by clarifying and expanding the list of offences.
The amendments would add more crimes of a violent or sexual nature to the list of designated offences in which a DNA data bank order may be made. In particular, the amendments would add child pornography and Internet luring, among others, to the list of primary designated offences in the Criminal Code and the National Defence Act.
A new mechanism to compel the offender to appear at a certain time and place in order to provide a DNA sample is also included. Of course, a court martial would be given this power too. Additionally, a new provision would allow for the taking of samples at a later date when it is not possible to take them at the conclusion of a court martial.
Another proposed amendment includes the provision for the making of DNA data bank orders against a person who has committed a designated offence, but is found not criminally responsible on account of a mental disorder.
Also important is the issue of improperly taking DNA samples. The proposed amendments allow for the destruction of those samples that have been taken under the authority of a defective court order. For example, an order made following conviction for an offence not included within the scope of designated offences could be a defective order. These changes would allow the destruction of samples taken from individuals to whom the DNA legislation was not intended to apply.
We are building on an existing structure with proven success and this bill is intended to improve the effectiveness of the DNA data bank, an already potent investigative tool as we have heard here in the House already.
The national DNA bank has been in operation since 2000. Since that time it has played an important role in identifying or eliminating suspects and has facilitated numerous investigations.
The purpose of the proposed reforms is to bring the perpetrators of serious offences to justice. The government does, however, also recognize the Canadian tradition of respect for civil liberties, as reflected in the Canadian Charter of Rights and Freedoms.
The government is fully aware that these individual rights and freedoms are an important aspect to the collection and use of DNA information. The privacy of Canadians continues to be a very important consideration for our government. This is why the collection of DNA samples is not automatic, but rather is made after a careful deliberation of all the relevant criteria, which I previously mentioned.
The legislation needs to be implemented rapidly to address the concerns of the provincial ministers for criminal justice and law enforcement. The government is addressing issues that have been identified as high priorities for the provincial attorneys general. It is imperative that these proposed changes are enacted now, and that the discussion of broader issues is left for parliamentary review to take place in 2005. The bill under discussion is not replacing this review.
These amendments in no way mean that further changes will not be considered. Continued assessment and revision of the bill will continue. The Minister of National Defence and the Canadian Forces support these changes as they help to ensure that the military justice system continues to reflect Canadian legal norms and societal values.
In closing, I would like to remind hon. members of the government's desire to facilitate the work of the police and the courts by bringing the perpetrators of serious crimes to justice.
At the same time, these amendments continue to respect the constitutionally protected rights and privacy interests of Canadians, including those who are subject to be dealt with at a court martial under the National Defence Act.