Mr. Speaker, I compliment the member for Burlington for bringing forward this private member's bill. I suspect in the last hour that he has learned a great deal about private member's bills, what other people think and how they can pick them apart. I am sure he will see his way through to continue to push this forward.
As a former police officer, I can see a lot of merit in what he has here and I can say that for a long time, far longer than I can recall and before that, we have been using the old style fingerprints, dental records and a whole variety of things for this same reason. This is moving forward.
The government understands the principles behind this private member's bill and is sympathetic to the issue.
The bill proposes to add a new index to the National DNA Data Bank, which is managed and operated by the RCMP on behalf of all Canadian police agencies, to hold DNA profiles of missing persons and unidentified human remains. Profiles that would be cross-checked against each other and against the convicted offender and crime scene indices in an effort to identify human remains.
DNA is a valuable tool in law enforcement and it is understandable that it could be seen as a way to aid the humanitarian aspect of a missing persons index to that system as proposed in the bill.
The question we must address is whether the resources of the National DNA Data Bank should be used, not only to help solve serious crimes, but also for compassionate and humanitarian reasons.
If this is to happen, there are jurisdictional, legal, privacy and cost issues to consider and we intend to do just that.
Expanding the mandate of the National DNA Data Bank and amending the DNA Identification Act in this way could be complicated. It is imperative to this new government that every Canadians' right to privacy be preserved in the proposed legislation.
The National DNA Data Bank was established as an investigative tool to assist police in their investigation of designated offences by helping them to identify and apprehend serial and repeat offenders. The law does not currently allow for the collection of samples from non-offenders and there is no provision for cross-checking DNA profiles from non-offenders against those of convicted criminals.
With regard to the proposed legislation, we will consider whether it is appropriate to cross-check the DNA profiles of missing persons and, in particular, their close biological relatives against those of convicted offenders or against unidentified DNA from crime scenes. We will determine who would have access to the DNA samples of missing persons and who would provide consent to collect DNA samples from the personal belongings of the missing person. If profiles were to be cross-checked against those of criminal offenders and unsolved crime scenes, we will assess the privacy implications.
These issues will be clearly defined in any policy that the government will pursue relating to the hon. member's bill.
Missing persons investigations are generally initiated by local police, which we heard today from other speakers, and found human remains are under the control of provincial coroners, and that we do understand.
Depending on the circumstances, an individual case has the potential to become a criminal investigation but the investigation of a missing person is not necessarily a matter of criminal law, which is a federal jurisdiction to legislate. Not every missing person case becomes a criminal investigation or is a matter of criminal law, which is legislated at the federal level, but there obviously is potential for missing person cases to have suspicious circumstances and to, indeed, turn into formal criminal investigations.
Before amending the act, we will consider the implications that any new legislation could have on existing criminal law.
Recognizing the value of using DNA in this way, the Government of Canada is consulting its provincial and territorial partners on the creation of a national missing persons DNA index.
In the context of the federal-provincial-territorial work already underway, the Government of Canada consulted Canadians on the question of adding a missing persons index to the National DNA Data Bank. This consultation started in late 2003 with the justice ministers from the federal, provincial and territorial levels. This group of justice officials from all across Canada formed a working group which then consulted with the public.
Based on the favourable response from Canadians in those consultations, federal, provincial and territorial ministers responsible for justice confirmed their continued commitment to develop options for an effective national humanitarian missing persons index.
Officials from the federal, provincial and territorial governments are continuing to examine the cost, privacy and legal implications of creating such an index. As well, the DNA Identification Act is subject to mandatory parliamentary review which could also begin this year.
The matter requires further study. I suggest that some of the issues that were brought forward today are perhaps covered at least partly in proposed subsection 5(7) of the act. I am sure that the member is willing to tighten it up if that is what is required, but I would like to read what proposed subsection 5(7) says:
The Commissioner shall not use any DNA profile derived under subsection (6) unless the Commissioner explains to the relative who gave the consent, or provided the object or sample, that the DNA profile is to be used only for the purpose of searching for and identifying the person reported missing, and obtains the written consent of the relative to use the DNA profile.
I would suggest that some of the concerns are covered in that. Perhaps it needs to be tightened up a little more, but I think it makes it very clear that this is not to be used for some other criminal investigation, some sort of a fishing expedition I think was mentioned, but in fact it is only to be used in situations where the search is for a missing person.
In conclusion, I reiterate my support for the principles upon which the hon. member's proposal is based. This is a worthy initiative and the government is studying ways to ease the emotional burden of Canadian families with loved ones who go missing.
We are moving forward on this issue, but we must consider all of the implications of it.