Mr. Speaker, the Bloc Quebecois has examined the bill and we are generally in agreement with referring the whole debate to committee because the committee stage is always an important one. Often, in fact, we reserve judgment until afterward.
In fact, at second reading stage people often appear to appreciate the amendments proposed; then they can be gone into in greater depth in committee. If something is discovered, then we can ask for amendments to a bill or for certain points to be taken out of it or added, and so on. So the whole aspect of the committee stage is of some consequence.
Many people no longer have any doubt about the usefulness of genetic fingerprints.
I will say a few words about how investigative methods have evolved over the years. I recall, when we were younger, all the police novels we read and all the police movies we watched, and how amazed we were when someone ended up being convicted on the strength of a single hair or some other court evidence.
The way science has evolved since then has made it possible for investigative methods to be fine-tuned, so it is important to bring the Criminal Code up to date to reflect that. Today we are dealing with bodily substances. In the old days, it was hard to connect a hair or a nail with the person who had committed the crime.
Now if a hair is found, thanks to the genetic profile we have of people in our DNA banks, the person can be identified perfectly. We cannot, therefore, be opposed to the idea that all investigative tools must be brought up to date.
This is most certainly a very technical bill, and can be gone into in somewhat more detail in committee. I might point out, incidentally, to those listening, that we are perhaps wasting our saliva and its DNA today, because of the impending election. If an election is called, this bill will merely get deferred until some distant date, likely next fall. Considering where it is in the process at this time, barring unanimous consent to speed it through, it is very obvious that it cannot get passed in this session.
The bill centers to a large extent on designated offences. For the benefit of those watching, there are two types of designated offences; these are either primary or secondary. The primary designated offences are more serious offences, normally requiring the court to issue an order authorizing the taking of samples of bodily substances.
The bill adds offences to the list of primary designated offences. I have no objection to a number of them.
The first one concerns sexual exploitation of a person with a disability. Obviously, as someone who worked with persons with disabilities for 20 years, I understand that many might abuse their intellectual superiority over a person with a disability. I therefore agree with the inclusion of this primary designated offence.
The second one concerns the causing of bodily harm with intent, using an air gun or a pistol. Clearly, as my target training days with Canadian Forces have taught me, a rifle can cause a lot of damage. Air rifles can also cause a lot of damage.
If it is demonstrated that a person intentionally shot an air rifle, that ought to be considered a primary designated offence.
Third is administering a noxious thing—I checked in the dictionary, and noxious means harmful to the health—with the intention to endanger life or cause bodily harm. It seems obvious to me that this ought to be a primary offence.
Fourth is overcoming resistance to the commission of an offence, for instance, by suffocating one's victim. Obviously, I have no objection to now consider this as a primary offence.
The same goes for robbery and extortion. These two offences, however, have just graduated from the secondary to the primary offence category. Under the Criminal Code, robbery and extortion are now primary designated offences.
I would also like to say that even the court is obliged to order sampling for a primary offence, making it important to identify exactly which kinds of offences should be on the list of primary offences.
For secondary offences, it has usually been the court that considered the relevance of taking samples, in order to improve the administration of justice, and based solely on that criterion. Now, the court must ask the plaintiff's opinion. A victim may object and may also require the court to order a genetic sample.
That is an important aspect, since the victim now has a say. The administration of justice is important, but it is also important to give the victim the opportunity to decide where he or she wants to go with the case, as the victim.
I have always sided with those who say that the accused do have rights but that victims must have more rights than the accused. In this bill, that is a rather interesting addition, that the plaintiff can require the court to take or not take a genetic sample. The court must take the plaintiff's decision into consideration.
New secondary designated offences have been added, which we could say are less serious than primary designated offences. They include criminal harassment, uttering threats and breaking and entering a place other than a dwelling-house. This bill makes the distinction. Under the Criminal Code and the bill, breaking and entering a dwelling-house is more serious than breaking and entering a business at a late hour, for instance. The residents' safety is not necessarily in danger in that case. This needs to be looked at in committee, but I have the impression that is why it was considered a secondary designated offence.
The secondary designated offence category also includes intimidation. There has long been intimidation, but there has never been any legal action or provisions in the Criminal Code to pursue the guilty parties. Now, with the bill before us, intimidation is rightly becoming a secondary designated offence.
Arson causing damage to property and arson for fraudulent purpose are also secondary designated offences and are on the list. We are not surprised to see participation in activities of a criminal organization on the list. Committing an offence for a criminal organization is important to have on the list as well. Instructing the commission of an offence for a criminal organization is also on the list.
By and large, the Bloc Quebecois is in favour of the principle of the bill. As I was saying earlier, when we are in committee, if we get to that stage, although we have our doubts, we will take the time to look at each one of these offences to see whether they target and will achieve the objective of providing the public with a fairer and safer society.
We agree with the principle of the bill. Let us examine it more closely in committee and come back to third reading for a final decision. We are in favour of the bill as it is currently worded provided that it is sent to committee for future study.