Mr. Speaker, the Bloc Québécois will support this bill in principle, that is, we want police forces to have the tools they need to solve investigations quickly. During investigations, the police may need to collect DNA samples. We also understand the need to have a DNA data bank managed by the RCMP. We will therefore vote in favour of sending this bill to committee after second reading, and we will raise a number of questions.
We feel it is our duty to do so, especially since, in the very recent past—just now, actually—the RCMP's actions were not beyond reproach regarding the collection and sharing of information. In our opinion, there must be extremely firm guarantees that the appropriate recipients of such information will be correctly identified.
Since 1998, the Bloc Québécois has supported these measures. In 1998, we began voting on the first measures concerning the collection of DNA samples. Furthermore, we supported Bill C-13. This is really a question of judges having the ability to impose an order that will be mandatory in some cases, but optional in other cases. This will allow something extremely intrusive in terms of human rights, that is, collecting DNA samples.
We understand fully—and the minister was right to point it out—that when an individual is imprisoned and convicted of an offence under the Criminal Code, it is not unreasonable to ask for a DNA sample.
I will close by sharing our questions on this matter. Bill C-13 deals with the primary designated offences that involve the most violence and relate to sexual assault, and I will name them. There are 16 cases where the courts must issue mandatory orders to take DNA samples. The DNA information is kept in a data bank that is managed by the largest police force, the RCMP. Sampling is mandatory in the following cases: prostitution, living on the avails of prostitution, murder, manslaughter, aggravated assault, sexual assault, kidnapping, robbery, extortion, etc. This list of primary designated offences also includes offences such as breaking and entering a dwelling house and participation in the activities of a criminal organization.
Section 467 of the Criminal Code was created in response to the conflicts between outlaw motorcycle gangs in major urban centres. A new offence was added to the Criminal Code: gangsterism, which consists in committing an offence for a criminal organization. Now, in cases of luring children using the Internet or procuring, the Crown must prove that the mandatory sampling order will better serve the interests of justice. In the case of secondary designated offences—all crimes punishable by more than five years in prison—the prosecution must request an order and demonstrate that it is in the interests of justice.
The Bloc Québécois was in favour of all these provisions that would give the police additional resources, because we voted in favour of Bill C-13.
One aspect of Bill C-18 that might warrant further discussion is the fact that, in addition to the existing provisions, the government wants everyone who has been convicted since 2000 of conspiracy and attempted murder to be included in the national DNA data bank.
Obviously there is some grey area. Conspiracy corresponds to a fairly broad provision in criminal law. There are situations where conspiracy leads to the commission of criminal acts, but conspiracy in and of itself is closer to plotting than actually committing the criminal act.
I asked the minister a question earlier, but unfortunately he was unable to provide an answer. Our question is on a provision in the bill that will allow the RCMP—the entity in charge of administering this data bank—to use the information, and thus the DNA.
This data bank has two major indices. The first index includes DNA samples of people who have indeed been convicted of one of the 16 designated offences I mentioned earlier. As far as the second index is concerned, it has to do with scenes of crimes, including unresolved crimes. I will give you an example. A murder occurs on a property and the guilty party is not identified, but there are traces of blood, bodily fluid and other substances. The RCMP collects samples and they become part of the crime scene index. Even when no suspect is identified, there is still anonymous information left by DNA, bodily fluids and blood.
This information is found in two major indices. I was somewhat surprised to see that Bill C-18, if passed in its current form, would allow the Commissioner of the RCMP, Mr. Zaccardelli, to use DNA information for all criminal investigations and offences.
I hope the Minister of Transport, Infrastructure and Communities shares my opinion, but, at the risk of repeating myself, I maintain that we must be extremely careful when it comes to distributing personal information. The RCMP is not above reproach. That is why we will leave the parliamentary committee to do its work.
I have read the O'Connor report on the Arar case and it is clear that the RCMP was given a lot of power. It can even respond to requests from other countries and both parties may want to share information.
In investigating an offence that is not necessarily on the list of 16 designated offences that I was talking about, if there is information to do with the DNA of bodily fluids and blood, in other words a genetic profile, the RCMP could distribute this genetic information, affecting potential suspects, to different police bodies and to independent investigators. Obviously we are concerned.
Once again, I recognize the importance of Bill C-18 . In 1998, the Bloc Québécois agreed to the creation of a data bank. We even collaborated on Bill C-13, which was passed unanimously, but we have always expressed reservations concerning the extent to which the information may be shared. This is very important for genetic profile information, and it makes a significant contribution to resolving criminal investigations.
In the absence of a perfect match, Bill C-18 would also enable the RCMP commissioner to communicate similar genetic profiles to foreign authorities.
This is extremely important. Since Bill C-13 was passed, the international communication of profiles has been limited to the validation of DNA samples found at crimes scenes outside of Canada. In such cases, the information in the profile is communicated to police authorities in countries that request it. If there is no match—if the DNA sample is not validated—all the RCMP is authorized to say, according to Bill C-13, is that the DNA profile requested for validation does not correspond to any information in the current data bank.
Bill C-18 takes this a little farther. It would permit identification by DNA profile in the communication of possible matches. This may seem very technical, but it is not just technical. This is about the concerns and the balance we have to have. We accept that convicted individuals who have harmed a person or property and been imprisoned may be subject to an RCMP investigation. However, we are not prepared to say that all foreign police forces can have access to the information in the data bank, even if a suspect has not yet been identified.
These are the issues the committee will discuss. I will take a break for member statements under Standing Order 31, and I will continue my speech after oral question period.