Mr. Speaker, I am pleased to speak to Bill C-18, An Act to amend certain Acts in relation to DNA identification.
Bill C-18 is largely a technical bill but it builds on some initiatives from the last Parliament before it was dissolved when Parliament passed Bill C-13, An Act to amend the Criminal Code, the DNA Identification Act and the National Defence Act. This was the Liberal government's original DNA data bank legislation. There was some keen interest to have this legislation passed quickly and efficiently for a couple of reasons.
There were a number of high profile people being detained in penitentiaries who were about to be released, and without this legislation in place they would have been able to have left the penitentiary without giving a DNA sample.
DNA samples are very helpful to law enforcement to solve crimes and to prevent crimes. That was one of the imperatives that led to a very speedy passage with all-party agreement in the House and I think all-party agreement in the other place and royal assent in the last Parliament. It was done very quickly.
There were amendments made at the committee level that were quite complicated. I think in the rush to get the bill through, there were some slip-ups in some of the language in the bill. This bill is designed to correct some of those technical problems with original BillC-13.
Bill C-13 in the last Parliament was a very good example of how parliamentarians of all stripes in the committee worked together. The Liberal government had a minority government at the time, but at committee we worked together to make changes to the bill, which I think improved the bill and helped its speedy passage through the House of Commons and the other place.
To give some background, before the bill came to Parliament and to committee, the RCMP were reporting that only about 50% of the DNA samples that were meant to be going to the RCMP DNA data bank were actually getting into the data bank. This was a cause for concern by myself and others. At the time I happened to have the honour to serve as parliamentary secretary to the minister of public safety and emergency preparedness, so it was an issue that I took up with the justice department and others. I could not quite understand why only 50% of the DNA samples were finding their way into the DNA data bank.
It turns out that the way the law was written, the judges had discretion as to what DNA would be passed on to the DNA data bank and what DNA would not be passed on to the DNA data bank. I found this quite puzzling because I could not ascertain under what circumstances the judge in his or her wisdom would decide that it was not in the public interest to pass the DNA of a convicted person to the DNA data bank.
In fairness to all concerned, following the establishment of the DNA data bank, there was some confusion among the crown prosecutors and judges. The DNA order has to be an order that is presented to the trial judge asking the judge to order that the DNA sample be taken and passed to the DNA data bank and there was a lack of communication or a lack of education on what DNA had to be passed over to the RCMP DNA data bank.
As I recall, the Department of Public Safety and the Department of Justice mounted a program to get the word out to the judiciary and to the prosecutors that this order had to be prepared by the crown prosecutors and presented to the judge before the DNA could be taken and submitted to the DNA data bank.
When the bill was sent to committee, these questions were asked. As a result of a lot of collaboration among all parties, the Bloc Québécois, the Conservative Party, the Liberal Party and the NDP, we made some significant amendments to the bill.
We started out with a very long list of crimes where the judge would not have any discretion, where the DNA would automatically have to be taken and sent to the DNA data bank. There was much discussion around this point with the Department of Justice. The view was that there was a possibility if we included all crimes, this would be challenged under the charter and the good parts of the bill would be tossed out with the parts that would be turfed out in any sort of challenge under the charter.
At committee we put a little water in our wine and we said that for the most heinous of crimes there had to be no discretion, in the judgment of the committee members. For acts such as murder and rape, what the bill did when it was amended was it removed any judicial discretion so that the DNA automatically had to go to the DNA data bank.
That was a very proud moment for me. It really pointed out that even though there was a lot of discussion that the minority Parliament was not working at a certain level, I felt that at the committee level, certainly at the justice subcommittee level, there was a lot of good cooperation. I think we improved the legislation in front of the committee. We did some other work with respect to child pornography. Subsequently Parliament was dissolved and we had an election. But for Canadians this committee was working very well.
I was very proud that we were able to pass Bill C-13 which received royal assent. There were some technical matters which came to light through the Department of Justice later and that is what the current bill is meant to reflect. Bill C-13 was a follow-up on our Liberal government's commitment to law and order to give the police the tools they need to fight crime.
That is why I am sorely disappointed that the Conservative government is seeking the scrapping of the gun registry. We know the gun registry is working very efficiently, very effectively. Yes it is true that it cost too much to develop, but those are sunk costs. Anyone who knows anything about economics or finance knows that once there is a sunk cost there is not really much point in going back and analyzing what to do about that cost because it is historic. The question before us is whether the gun registry performing today a useful purpose, and the answer is a resounding yes.
For example, law enforcement officers are making something in the order of 6,000 inquiries per day on the gun registry data bank. Do law enforcement officers have the time to sit around and tinker away on the computer if it is not relevant information for them? They are very busy people. They have many different competing priorities. They have to decide which call to take. They have to rationalize that. Do we think they sit at a computer keyboard and tinker around for the fun of it? Of course not. We know for sure that especially in domestic violence situations the police find this to be a very useful tool.
Does it mean if they go to the gun registry and the registry shows that there are no guns registered at a particular residence that they can stroll in and be happy campers and not worry? Of course not. Police officers across Canada are not so naive, but by the same token, if they go to the gun registry data bank and discover there are guns in that residence, it helps them establish their modus operandi of how they are going to approach that situation.
I will give another example of why DNA and the gun registry are so important in terms of law enforcement. The gun registry supports something in the order of 7,000 or 8,000 affidavits to date that they have signed which has helped crown prosecutors obtain convictions. The gun licensing component of the Firearms Centre screens out many individuals who would otherwise like to have a gun but because of certain instabilities or criminal records in their past, they are precluded from owning a gun. In fairness to the Conservative government, it is not suggesting that we ban or do away with gun licensing, but it is making a serious mistake with respect to the long gun registry.
The other myth I would like to focus on again today is that some would argue that long guns are not involved so much in criminality, that they are owned by people in rural parts of Canada. The facts are just the opposite. Long guns are involved in more homicides and suicides in Canada, or in just as many as are handguns. Handguns are more of a problem in the urban centres and long guns are a problem in the rural parts of Canada.
I certainly will be supporting the DNA bill because Bill C-13 was very important in terms of law enforcement and law and order in Canada. This bill tidies up some of the language, some very important language, so that the bill can be that much more effective.
I will expand a bit on Bill C-13 and the list of those offences which the committee and ultimately Parliament and the other place approved in this legislation. The offences that were put on the list of those where a judge would have no discretion with respect to the DNA that would have to go into the DNA data bank, we included crimes like murder, manslaughter and aggravated assault. Internet luring of children, child pornography and organized crime offences were also added to the list of designated offences for a data bank order. This is absolutely necessary so that the DNA can be used by law enforcement agencies to either solve crimes or prevent crimes.
I was very proud of the work of that committee. Now I am very happy to speak in support of this bill because it makes the technical changes that are needed to make the original bill even more efficient and more effective.
By way of example, Bill C-18 makes it an offence to fail to appear for DNA sampling. It is an important part. The court can order a DNA sample, but if the individual does not appear, how could one possibly get a DNA sample? There are sanctions for not appearing for a DNA sample.
The Conservative government, and frankly I support what it is doing here, has also added some additional heinous crimes to the list where a judge would have no discretion but to send the DNA sample to the DNA data bank. Those offences include attempted murder and conspiracy to commit murder. Those also are covered by the retroactive provisions which apply to offenders convicted of a single murder, sexual offence or manslaughter prior to June 30, 2000 when the legislation that enabled the creation of the national DNA data bank came into force.
It sounds like a lot of gobbledygook, but in fact these are very important technical changes and I am hoping the House will support them. The purpose of the bill is that the government is trying to capture as much DNA as possible to get into the data bank so that law enforcement can use that DNA to fight crime and to prevent crime.
Another example of one of the technical fixes to the legislation is that it ensures information provided by the national DNA data bank can be used to investigate all criminal offences. It may sound somewhat obvious, but if it is not written in the legislation, then someone will argue that the DNA could be used to investigate certain offences but not other offences. It makes this particular point crystal clear.
I will go back for a moment to the list of crimes where the judge has no discretion. The committee at the time had somewhat of a debate on that issue. Frankly, I support a certain level of judicial discretion but if, for whatever reason, the Parliament of Canada believes judicial discretion is not being exercised in a way that is appropriate in the judgment of parliamentarians, then I think it is quite appropriate for Parliament to remove that judicial discretion.
This is not for petty crime where the DNA must go to the data bank. This is not for shoplifting, nor is it for someone who is caught speeding. This is for murder, rape, attempted murder, conspiracy to commit murder and a whole list of other heinous crimes. I think it is quite appropriate that judges are required without discretion to ensure the DNA goes to the DNA data bank.
Another example of one of the technical amendments to this bill that is before us today is to simplify the procedure to destroy samples taken from those convicted of an offence not intended to be included in the DNA data bank. Again, it is somewhat a procedural but an important procedure so that samples can be destroyed if they are not intended to be included in the data bank.
When we get into DNA there is often this debate, a debate we had in committee as well, about the privacy issues of Canadians. Privacy is an important aspect that we need to consider as parliamentarians.
I do not pretend to reflect the views of all Canadians on this point, but if someone wants to take a follicle of my hair and put it into a DNA data bank, frankly, I say go to it. However, I understand and respect that some people might see this as impacting their privacy, which is why the legislation that we bring before Parliament needs to be mindful of those considerations. We need to ensure that only DNA that is required by legislation and that meets certain tests of Parliament is actually proceeded with.
Another example of one of the technical changes in this bill is to help to ensure that the DNA data bank orders can be carried out even when, for logistical reasons, it may not be possible to take the sample at the precise time set out in the order. Again, this is somewhat procedural. Unfortunately, there is a whole body of jurisprudence and lawyers who will try to find reasons why their client should not be required to submit a DNA sample. They might say that they could not comply with the order in the timelines provided in the order.
This provision makes it clear that even though it is not at the precise time that is laid out in the order, the DNA must be presented.
It also clarifies definitions in procedures for obtaining a DNA data bank order and for sharing information with international law enforcement partners. There is a whole range of sharing of information that goes on between Interpol and other law enforcement agencies around the world and one has to be mindful of the privacy concerns of Canadians. This amendment makes it clear what the rules are for the sharing of that sort of information.
I hope the House passes this bill. It would be helpful to our law and order agencies to prosecute and prevent crimes. I am sure our party will work with all sides of the House to ensure the speedy passage of this bill. I will be supporting the bill and I hope others will as well.