Rob Moore

[Criminal Code, October 16th, 2006]

Mr. Speaker, I look forward to exploring in committee all areas of the bill and this question and all questions the hon. member may have, which can be put to our witnesses there. Some of the provisions dealing with jurors have dealt with not wanting to taint the sworn jurors when there are questions being put to potential jurors by crown attorneys and by defence lawyers. This is one area relating to jurors which we have to address to ensure that people get a fair trial.

Most of what is contained in Bill C-23 is there to streamline our judicial process, to make it more effective and to take out some of the ancient modes used in the past. Bill C-23 recognizes that we are living in a new era where we have to use a more streamlined system. It recognizes that technology has moved on, so we as a government have to move on in order to better protect society.

That is the main thrust of the bill. It is not to make major substantive changes. We have other bills, such as Bills C-9 and C-10, that make some very substantive changes to the Criminal Code. Bill C-23 is going to make our entire system more streamlined without making major changes to the code itself.

[Criminal Code, October 16th, 2006]

Mr. Speaker, Bill C-23 makes note of “by any means of telecommunication”. The hon. member made note of that in his question.

Bill C-23 in many ways recognizes that there has been a great change in our society and in technology since many of these provisions were put in place. For example, 20 years ago people would not have contemplated that someone would use a computer and something called the Internet to lure a child and potentially commit a further criminal offence. That is why this bill seeks to attack the issue of Internet luring. It has become very serious. We have heard testimony about it over the last couple of years. We have heard disturbing reports of people using computers and the Internet to lure children, even from outside Canada.

Our Criminal Code has to evolve with evolving technology. The hon. member points out a provision in the bill that does this. As I mentioned on the subject of Internet luring, for example, this bill provides that the mode used to commit the offence, the computer, can be forfeited to the Crown. Under current law, that is not the case.

We want to put a little more teeth into our laws to allow our justice system to better protect all Canadians, but as the hon. member pointed out, we also have to recognize that society and technology are advancing and the Criminal Code has to adapt. For example, it is being brought up to date so that a fax machine can be used for some of these orders, and even fax machines are getting to be behind the times. This is an effort to keep the Criminal Code in some way up to date with the times.

As well, the maximum fine for a summary conviction is $2,000, which in 2006 is not what it was 20 years ago. Criminals recognize that. The profit margins that can be gained by criminal organizations and offenders may far outweigh the fines, so we need to bring this more into step with today's current realities.

[Criminal Code, October 16th, 2006]

Mr. Speaker, I thank the hon. member for her work on the justice committee and on these issues and the many bills we are putting forward as a government.

As I stated, these provisions draw on input that we received from across Canada. These provisions and the streamlining are measures that provinces have called for.

I used as an example the issue of using a fax machine. That brings us into the modern era. Rather than having someone such as a police officer, who could be out on the street protecting citizens, doing the mundane task of getting an original signature, under Bill C-23 we would be able to use a fax machine.

On raising the $2,000 fine for a conditional sentence, that maximum was last revisited in 1985. As we know, the price of almost everything has gone up. This will give prosecutors the means to proceed by way of summary conviction, which will do more to unclog the court system when a fine of more than $2,000 is sought. They will still be able to achieve that greater fine by going by way of summary conviction.

I will say to the hon. member that the bill does draw on the input from a broad section of input from across Canada. Certainly this is being called for by those who work in the criminal justice system. They want us to make our criminal justice system more streamlined and more effective so that our police can be out enforcing the laws rather than going through greater bureaucracies.

[Criminal Code, October 16th, 2006]

Mr. Speaker, I rise today to speak to Bill C-23, An Act to amend the Criminal Code (criminal procedure, language of the accused, sentencing and other amendments). The government has already presented important measures in the House that aim at providing better protection for Canadians against crime.

Bill C-23 responds to the government's multifaceted goal of tackling crime by strengthening sentencing measures, enhancing the efficiency of certain procedures and improving access to justice by clarifying court related language rights provisions in criminal proceedings. Most of these amendments are the result of changes that the provinces, territories and other stakeholders have been instrumental in helping our government identify.

Hon. members will appreciate that Bill C-23 is not about fundamental law reform. Rather, it is about fine tuning. While the amendments contained in Bill C-23 are generally of a technical nature, they are nonetheless important. These amendments can be divided into three major groups. I propose to first highlight some of the criminal procedure amendments. I will then say a few words with respect to the amendments proposed to the language rights provisions of the Criminal Code. Finally, I will detail some of the sentencing amendments.

First, let me deal with criminal procedure.

Criminal procedure amendments would, among other things, improve procedural efficiencies and rectify certain shortcomings in criminal proceedings. Other amendments would confirm the intent behind some criminal procedure provisions and clarify their application. For instance, a corrective amendment is needed to rectify the situation by which the appeal route of a Superior Court judge's order is to return seized property to another judge of the same court. This is obviously problematic. In order to make this appeal route consistent with other similar appeal route processes and to avoid the unusual situation whereby a judge is called upon to review the decision of a fellow judge from the same level of court, the amendment would provide that the appeal of a superior court in relation to the forfeiture of things seized would lie with the Court of Appeal rather than with the Superior Court.

Another amendment would bring more clarity to section 481.2 of the Criminal Code, which deals with the ability to charge and try an accused in any territorial division for an act or omission committed outside of Canada. This amendment would clarify that the intent would not be to make any criminal act or omission committed outside of Canada an offence in Canada. Usually offences are prosecuted in the territorial division where they are committed. This, however, poses a difficulty with respect to those offences that, while having been committed outside of Canada, can be prosecuted in our country in accordance with a federal statute. War crimes are examples of such offences.

Unfortunately, the current wording of section 481.2 leaves room for interpretation whereby any offence committed outside of Canada could be prosecuted here, and that is clearly not the case. The amendment would now make it clear that this provision would deal strictly with court jurisdiction and would act as a residual clause where proper court jurisdiction with respect to territorial division would not otherwise be provided for in another federal statute.

Another criminal procedure amendment is proposed with respect to the right of an accused to be tried before a judge, sitting without a jury, where an indictment has been preferred; that is, where the Crown files the indictment directly before the Superior Court. Currently, when this is the case, the accused may not, without the written consent of the Crown prosecutor, choose to be tried before a court sitting without a jury. The amendment would allow the accused to elect to be tried before a Superior Court judge, sitting without a jury, subject to certain conditions. This amendment would introduce more flexibility and would assist in avoiding unnecessary jury trials where the accused would prefer to be tried by a judge alone.

Another proposed amendment will streamline the process for executing search warrants in a jurisdiction other than the jurisdiction where the search warrant has been issued. Currently, before a search warrant can be executed in another province, it must be presented to a judge or a justice in the other jurisdiction for endorsement in its original paper form. Obviously, this can be time consuming, complicated and inefficient. This process is resource intensive and very time consuming. The proposed amendment will allow the search warrant to be sent by facsimile or by another means of telecommunication, thereby permitting a copy of the search warrant to be endorsed by a judge or a justice in that other jurisdiction.

By taking advantage of technologies that are both reliable and expedient, we are making better use of the time and resources of law enforcement agencies.

Bill C-23 also contains two amendments in relation to jury selection. When selecting jurors, the Crown and the defence are each afforded a certain number of peremptory challenges; that is the ability to unilaterally reject a potential juror without having to invoke any specific ground. One proposed amendment will fill a gap in the current scheme by clarifying that peremptory challenges will also be available where a sworn juror is excused before the evidence is heard and where a replacement juror must be selected.

The other proposed amendment will assist in preserving the impartiality of prospective jury members, as well as sworn jurors, by providing the court with the power to order the exclusion of jurors from the courtroom where a potential juror is being questioned in the course of a challenge for cause and may potentially through his or her answers inadvertently jeopardize the jurors impartiality.

These technical yet practical changes to the various processes that operate in the criminal justice system will contribute to the improvement and greater efficiency of criminal procedure.

I will speak a bit about language rights. The amendments in Bill C-23 with respect to language rights deal with an accused person during a criminal proceeding. The right of all accused to a trial in either official language is consistent with both the letter and the spirit of the language provisions enshrined in the Constitution Act, 1867, and in section 19 of the Canadian Charter of Rights and Freedoms.

Since 1978, the Criminal Code has sought to ensure access to services of equal quality for members of both official language communities. This is an important objective because, as the Supreme Court of Canada noted, “Rights regarding the English and French languages are basic to the continued viability of the nation”.

From time to time it becomes necessary for Parliament to intervene to provide the means by which such rights can be enjoyed.

Canadians have told us there are still obstacles to full and equal access to the criminal justice system in one's own official language. Court decisions, as well as reports by the Commissioner of Official Languages, confirm that barriers continue to stand in the way of the exercise of these fundamental rights. The proposed amendments will bring the Criminal Code provisions in line with judicial interpretation, thereby avoiding misunderstandings, legal debates and costly delays. One example of such difficulties involves the application of the language provisions of the Criminal Code to bilingual trials. In R. v. Beaulac, the Supreme Court of Canada has ruled that all the rights that are provided to an accused person in the context of a trial in one official language also apply to bilingual trials. Yet the lower courts are still struggling with these issues as well as with the practical manner in which bilingual trials are to be held.

The proposed amendments clarify such matters and specify that the right of an accused person to be tried by a judge, who speaks the official language of the accused, as well as the duty of the Crown prosecutor to speak that language, indeed do apply to bilingual trials. The amendments also provide the presiding judge with the necessary tools to manage bilingual trials in a fair and efficient manner. In doing so, the amendments implement recommendations made by the commissioner of official languages in 1995 that certain amendments be made to section 530 of the Criminal Code.

The commissioner's study also identified another vexing problem. The study noted that difficulties had arisen in a situation where there were co-accused who did not speak the same official language and that, in the absence of clear indications in the Criminal Code, the matter was being raised more and more frequently.

Some courts have ordered that each co-accused be tried separately in his or her official language. Such decisions have significant repercussions on court resources, as they involve a duplication of trials. They also offend the general principle that persons who are jointly accused should normally be tried together. On the other hand, some courts have ruled that the right of each accused can be reconciled by ordering a bilingual trial.

The proposed amendment brings clarity to the issue by stipulating that the situation of a joint trial involving co-accused, who do not share the same official language, warrants an order for a trial before a judge or judge and jury who speak both official languages. Such an amendment not only brings greater clarity to the code, but also ensures that a proper balance is struck between the rights of the accused person and the efficient administration of justice.

When taken as a whole, the proposed amendments are balanced and fair. They will resolve a number of problems that have been identified with the existing provisions, bringing greater efficiency and putting an end to some persistent legal debates, while also removing some of the hurdles on the road to a greater access to justice in both official languages in our country.

I now turn to the issue of sentencing and I will highlight some of the amendments that are proposed to the sentencing provisions of the Criminal Code.

Bill C-23 contains a number of proposed amendments, some of which will clarify how certain sanctions are intended to apply. Others will improve existing processes or update the law in this area. For instance, one amendment will allow a sentencing court to refer an offender, under the supervision of the court and in appropriate circumstances, to a provincially or territorially approved treatment program before sentence is imposed. In the right circumstances and where appropriate, addiction treatment programs and domestic violence counselling programs can contribute to public protection from crimes where the underlying causes are addiction or where there has been family violence.

Early court supervised access by offenders to these treatment programs can serve as a strong incentive for behavioural change and successful rehabilitation. Specialized drug treatment courts, such as the ones in place in Toronto and Vancouver, are based on the U.S. model that works to adjourn sentencing proceedings, following a finding of guilt, to allow the offender to enter and to complete a court mandated program. By delaying sentencing until the completion of the program, the offender is given a strong incentive to succeed.

Domestic violence courts or court processes have also been implemented in a number of jurisdictions across Canada. These specialized courts include education, counselling or treatment programs for offenders aimed at reducing the offending behaviour.

Allowing sentencing courts to refer offenders in appropriate circumstances to such programs before sentence is imposed will promote early access to rehabilitation and reduce recidivism, thereby contributing to the protection of the public by attacking the source of the problem at an earlier stage.

Another proposed amendment to the sentencing proceedings will provide appeal courts with the power to suspend a conditional sentence order until the appeal is determined. Currently what can sometimes happen is that the conditional sentence is served before the appeal from sentence or conviction is heard. This amendment will ensure consistency with similar appeal court powers, such as in the case of a probation order where a suspension of the sentence, until the appeal is determined, is already provided.

A related amendment, applicable to both conditional sentence orders and probation orders, would allow the court that imposed one of these two sentences the power to bind the person until the appeal would be determined with conditions similar to those imposed on an accused person who is released on bail.

One amendment is also proposed to update the provision with respect to forfeiture of computer systems and other things used in the commission of certain child pornography offences by adding to the existing list of offences the offence of luring a child by means of a computer, so a court may also order the forfeiture and disposal of computers where the offender is convicted of luring a child.

With respect to clarifying current penalties, one Criminal Code proposed amendment will expressly state that where no maximum jail term is provided in a federal statute for an offender who is in default of a monetary penalty imposed for an indictable offence, the maximum term of imprisonment will be five years.

Penalties for impaired driving offences where there is a death or injury are also clarified by an amendment so that there is no uncertainty: minimum fines and jail terms that must be imposed for a first, second or subsequent driving offence, such as failure or refusal to provide a breath sample, must also be imposed when the impaired driving offender is convicted of the more serious offences of impaired driving causing bodily harm or death.

This amendment will mean that conditional sentence orders cannot be imposed for impaired driving offences causing injury or death, as the Criminal Code does not authorize the imposition of such orders for an offence where a minimum penalty is provided.

Other impaired driving offences will tighten and clarify application of driving prohibition orders, including the application of ignition interlock device programs, with a possibility of early return to driving where the program is in place.

Bill C-23 will also increase the current $2,000 maximum fine that can be imposed for a summary conviction. This amount has remained untouched since 1985, while the monetary values for other offences have increased. It is time to update the law in this area by raising the maximum monetary penalty to $10,000. The increase will provide more flexibility for crown prosecutors to proceed by way of summary conviction, in particular where the sanction sought is a higher amount than $2,000.

Before I conclude, there is one final sentencing amendment that I feel should be highlighted, that is, the amendment with respect to victims of unwanted communications.

Such orders can already be imposed on an accused person in remand or released on bail as well as on an offender who is on probation. Current disciplinary measures in correctional institutions with respect to unwanted communications vary among jurisdictions, with most cases being addressed on a case by case basis.

This amendment will provide sentencing courts with an added means to protect victims from unwanted communications by providing the sentencing court with the power to order a convicted person not to communicate with identified persons such as victims and witnesses while the person is incarcerated.

In addition, it will be an offence to breach an order not to communicate with an identified person.

In conclusion, I wish to state that in contemplating criminal law reform we must not lose sight of the system in which these substantive provisions of the Criminal Code operate. It is important that we take the time to respond to calls for changes such as the ones highlighted today, so that our criminal justice system can most effectively contribute to the protection of society. That, I trust, is the goal of all parliamentarians in this place.

[An Act to Amend Certain Acts in Relation to DNA Identification, October 3rd, 2006]

Mr. Speaker, the thoughtful speech of the hon. member for Fundy Royal is correct in saying that we on this side of the House are taking justice issues seriously. We have listened to Canadians.

We are busy in the Standing Committee on Justice and Human Rights, of which he and I are both members. By way of example, we are dealing with Bill C-9, which deals with conditional sentencing and ending the possibility of conditional sentences when a serious crime is involved, with Bill C-10, which deals with mandatory minimum penalties for gun crimes, and with Bill C-19 on street racing, which I and the hon. member spoke to yesterday. We are going to be dealing with other issues that deal with protecting Canadians.

I am proud to say that we are backing up our legislative action with resources. Our budget provided funding for 1,000 new RCMP officers. We are providing funding to train and hire new municipal police officers. They are the essential resources that must be in place to add teeth to our legislative agenda.

In light of the fact that the hon. member does support Bill C-18 and improvements to the DNA data bank and recognizes the importance of the DNA data bank, will he work within his party to move Bill C-18 along as quickly as possible? Recognizing that we are busy in the justice committee, will he take steps within his own party to see that Bill C-18 moves even straight through to the Senate considering that many of the issues dealt with in Bill C-18 have already been debated?

[An Act to Amend Certain Acts in Relation to DNA Identification, October 3rd, 2006]

Mr. Speaker, the DNA databank is a complicated science. It is extremely complicated, but the end result is protection for Canadians and the ability for us to identify a sample and hopefully put someone behind bars who otherwise would not be, including those offenders who abuse children.

I commend the member for Wild Rose for his efforts in that vein, in the protection of children, and the DNA databank does just that. The samples that we receive in the DNA databank can be used to prevent future crimes from taking place.

Bill C-18 also provides for automatic DNA orders with no exceptions for a subcategory of what we consider the 16 most serious offences, so we are including more serious offences where there would be a mandatory DNA sample taken.

[An Act to Amend Certain Acts in Relation to DNA Identification, October 3rd, 2006]

Mr. Speaker, there is a review of the DNA databank system. We certainly have a system here that has been of great value to Canadians. It has been one that has been used not only to solve crime but also to exonerate individuals, and there is going to be a comprehensive review of the process. That should answer the hon. member's question.

This bill, quite simply, is addressing shortfalls in the system. That is the goal of Bill C-18. It is a DNA registry corrective act and it is designed to address shortfalls, streamline it, and make it more effective, not to make some fundamental change to the system.

[An Act to Amend Certain Acts in Relation to DNA Identification, October 3rd, 2006]

Mr. Speaker, I fairly succinctly set out in my speech some of the safeguards that are in place. In fact, contrary to what some might think about a DNA databank, there is no personal information attributable to the DNA sample actually held in the same place as the databank. The data, the DNA sample and the personal information are in fact kept separately.

I would encourage the hon. member, if he gets the opportunity, to visit the DNA databank and see the great lengths that it goes to protect privacy. We value that protection of Canadians' legitimate rights.

I should note that when it comes to international sharing, only the profile and not the stored bodily samples are ever shared with foreign governments, and specific agreements are in place that include safeguards to insure the privacy--

[An Act to Amend Certain Acts in Relation to DNA Identification, October 3rd, 2006]

Mr. Speaker, I thank the hon. member for Moncton—Riverview—Dieppe for his question and for his work on the justice committee which will be considering Bill C-18 when we vote as a House to send it to committee.

On this side of the House, we are certainly in favour of the goals of reuniting potentially lost children with their families. That is a laudable and commendable goal. It is I believe something that should be investigated.

That said, Bill C-18 deals with streamlining the current DNA databank. It deals with addressing shortfalls that have been discovered in time as we work with this new technology, and as more information becomes available through working with the registry. That is what the bill does. It streamlines the process by which DNA orders are made. It streamlines and assists our police in obtaining orders and enforcing orders.

There is going to be a wide ranging review of the DNA database and I would suggest at that time, that would be the more appropriate venue to discuss any further changes to the databank beyond what is contained in Bill C-18.

[An Act to Amend Certain Acts in Relation to DNA Identification, October 3rd, 2006]

Mr. Speaker, I have the great pleasure today of speaking in favour of Bill C-18 and in favour of sending Bill C-18 to the committee for further study.

The National DNA Data Bank is a great Canadian success story. It has assisted the police in their investigations of thousands of serious crimes. It is making an invaluable contribution to the safety of all Canadians. This bill can only increase that success.

Much of what I will say will be familiar to those who were involved in the debate on former bill C-13 in the last Parliament, and in particular, to members who were on the standing committee during its hearings into the bill because, as the minister stated, this bill paves the way for the proclamation of former Bill C-13. Nevertheless, it is important to outline for all members the way the legislation and the DNA system work.

The National DNA Data Bank carries out four principal functions and assists law enforcement agencies in solving crimes by one, linking crimes together where there are no suspects. The DNA data bank would advise the police forces involved so that they can compare notes on their respective investigations.

Two, it helps to identify suspects. When the DNA data bank provides a match between a crime scene profile and a convicted offender profile, the police agency is advised and it can focus its investigations on that identified offender.

Three, it assists by in fact eliminating suspects where there is no match between crime scene DNA and a profile in the data bank. This is often overlooked in debate about the DNA registry or amendments to the legislation impacting on the DNA registry, but a DNA registry has been used to eliminate suspects and in fact exonerate people. A lack of a match tells the police that none of the 100,000 convicted offenders whose DNA is in the data bank was involved.

Last, the DNA data bank is used to determine whether a serial offender is involved. The DNA bank would advise the police force that several crimes appear to have been committed by the same person. This is a very important fact indeed when police are assessing a certain criminal act as it is certainly helpful in their investigation to know whether it is someone who is acting in a repetitive or serial way.

As David Griffin, an executive officer of the Canadian Police Association, told the standing committee during hearings on former Bill C-13:

DNA analysis has proven to be a breakthrough technology in policing and the administration of justice. It is a science that assists in detecting and convicting offenders and acquitting the innocent. In serious police investigations, the cost savings in reducing the time spent on investigations and in identifying and confirming or eliminating suspects can be extraordinary. This is particularly important in crimes such as child abductions by strangers, where precious hours can be critical to finding the victim alive.

DNA orders can only be made against an offender for a limited number of offences. Judges retain a discretion to refuse to make an order in all but the most serious cases. The use of the information is strictly limited to the investigation of criminal offences. That again is an important fact that is often overlooked by those who would criticize the national DNA data bank, that it is only used for the investigation of criminal offences.

Bill C-18 does not change the fundamentals of the Criminal Code DNA provisions and the DNA Identification Act. The five year parliamentary review that is yet to begin is the proper form for considering more far-reaching changes. This bill is limited to technical improvements to the existing system.

The minister has already spoken of the ringing endorsement of the present legislation by the Supreme Court in the Rodgers case. Members can be assured that this bill is consistent with the charter. Moreover, the strong protections for privacy which are built into the scheme are also unchanged.

Canada has probably the strongest protections against the misuse of our DNA profiles, stronger in fact than any other country. In particular, the legislation provides that bodily samples collected pursuant to a DNA data bank authorization for inclusion in the National DNA Data Bank may only be used for forensic DNA analysis. Unused portions of bodily samples are required to be safely stored at the National DNA Data Bank.

Further, it is a criminal offence to use bodily samples or results of forensic DNA analysis obtained under a DNA data bank authorization other than for the transmission to the National DNA Data Bank. A breach of that provision is a hybrid offence that is subject to a maximum penalty of two years' imprisonment when prosecuted by indictment.

Use of DNA profiles and bodily samples at the National DNA Data Bank is strictly limited to the narrow purposes of comparing offender profiles with crime scene profiles. Any use of stored information or bodily samples or communication of information that they may contain is strictly limited to the narrow identification purposes of the act. Again, this is something that is often lost on those who are critical of the data bank. In fact, any breach of those provisions is a criminal offence subject to a maximum of two years' imprisonment.

Communication of information as to whether a person's DNA profile is contained in the offenders index may only be made to appropriate law enforcement agencies or laboratories for investigative purposes or to authorized users of the RCMP automated conviction records retrieval system.

Although the seized bodily samples are retained for safekeeping in the DNA data bank after analysis, they may only be used for further forensic DNA analysis where significant technological advances have been made since the time the original DNA profile was derived. The results of such subsequent DNA analysis and any residue of the bodily sample are subject to the same rigid controls as the original profile and the original sample.

The sharing of DNA profiles with foreign governments and international organizations is only allowed for legitimate law enforcement purposes and only pursuant to specific agreements that must include safeguards to protect the privacy of the personal information disclosed.

I repeat that these legal protections are untouched by Bill C-18. All of those protections that protect the rights of Canadians against any possible misuse of the DNA data bank or any use outside of aiding our police in the protection of Canadians and society as a whole is unchanged and untouched by Bill C-18. In practice, they are buttressed by the procedural safeguards developed by the National DNA Data Bank.

By international agreement the DNA analysis process used by the data bank and other data banks in the world examines only a small segment of the entire human DNA blueprint. Scientists internationally have chosen 13 loci to analyze because there is a wide variation in those among the world's population. The DNA that is analyzed is often called anonymous DNA because apart from the ability to identify gender, there is no link to physical or medical attributes. Therefore, the profile generated by the DNA data bank will not reveal a person's hair, skin or eye colour.

The variations mean that except for identical twins, every person's DNA is unique. It is this power to identify a person beyond a shadow of a doubt that makes the DNA data bank and data collection such a valuable tool for law enforcement. It can identify an individual beyond a doubt.

The RCMP has developed internal procedures to ensure that there is no manipulation of the data. Upon receipt of a kit, the data bank separates the genetic material from the personal data. The biological sample and the identifying information are given the same unique bar code. The data bank keeps the biological sample and analyzes it. The personal information and full set of fingerprints of convicted offenders are sent to the Canadian Criminal Records Information Services, which retains them under strict security provisions. Therefore, the data bank has no idea whose sample it is analyzing or, in the case of a match, which convicted offender is linked to the crime scene.

It is important to emphasize that we have gone to great lengths to separate the information contained in the DNA sample and the information attributed to the person to whom that DNA belongs. It simply advises Canadian Criminal Records Information Services of the bar code and the service retrieves the identifying information and sends it to the laboratory that uploaded the profile to the crime scene index. It is of course not possible for unauthorized persons to enter the data bank or the Criminal Records Information Services to view or retrieve data.

The National DNA Data Bank's website has a wealth of information about how it actually operates and about the history and science behind it. I also hope that the members of the standing committee who have not had the opportunity to tour the National DNA Data Bank will arrange to do so. I know the staff would be most happy to show them how the system works and to answer all their questions. Certainly a tour of the data bank made it much easier for members who were considering former Bill C-13 to understand the submissions of the witnesses and to formulate their recommendations for amendments.

Finally, I remind the House that a National DNA Data Bank Advisory Committee has been established by regulation. Its membership includes eminent scientists, specialists in privacy and human rights law, and a former justice of the Supreme Court. The committee's duties encompass any matter related to the establishment and operation of the DNA data bank.

Members will find much wisdom in the reports that the advisory committee has made over the years. Members of the advisory committee will, I trust, be witnesses when the parliamentary review of the legislation gets under way.

I now wish to turn to some of the specifics of Bill C-18. Fundamentally, the effectiveness of the National DNA Data Bank depends on three factors: one, the number of profiles from crime scenes; two, the number of profiles from convicted offenders; and three, the resources of the police to pursue leads generated by the data bank.

Upon passage of Bill C-18 and the proclamation of former Bill C-13, there will be many more offenders eligible for a DNA data bank order and the police will be able to upload many more crime scene profiles to the National DNA Data Bank. This will undoubtedly lead to more matches between crime scene samples and the convicted offender samples and more matches between crime scenes. That is ultimately the goal of the DNA data bank, to provide those matches.

As for the resources of the police, we earmarked $15 million over two years to increase the capacity of the National DNA Data Bank to process convicted offender samples and the capacity of the regional laboratories to process crime scene samples. Without these additional resources and without the changes proposed in Bill C-18, the proclamation of former Bill C-13 would be largely ineffective in achieving Parliament's purpose.

Former Bill C-13, however, contained flaws that required correction. The previous government introduced former Bill C-72 to correct problems in Bill C-13. That bill would have one, re-enacted the definition so as to make the various amendments fit together in a logical order; two, changed the forms to reflect the changes made in the procedures for obtaining an order in retroactive proceedings; three, ensured that the commissioner provided further information regarding a possible match only at the request of the laboratory or police; and finally, corrected a difference in the French and English versions of the section authorized in the international sharing of DNA profiles.

Former Bill C-72 contained many other changes to the drafting of Bill C-13 and two procedural changes requested by the provinces to reduce cost: a provision to permit retroactive hearings by video; and a simpler defective order procedure that would have eliminated the application to a court of appeal for the order to be quashed and substituted certification by the attorney general. These changes are reintroduced in Bill C-18 which is before us today. It contains, as the minister has said, many further clarifications and improvements that have been suggested by officials since former Bill C-72 was tabled.

Members should be aware that it will take several months for the provinces to be ready. They have to train their prosecutors, police, court administrators and clerical staff in the new procedures. Understandably, they will not begin that process until the bill has received royal assent.

We believe the House should move swiftly to send Bill C-18 to committee and it is therefore with pleasure that I urge the House to give Bill C-18 second reading.