Proceedings of the Standing Senate Committee on
Legal and
Constitutional Affairs
Issue 48 - Evidence
OTTAWA, Tuesday, December 8, 1998
The Standing Senate Committee on Legal and Constitutional Affairs, to which was referred Bill C-3, respecting DNA identification and to make consequential amendments to the Criminal Code and other Acts, met this day at 9:40 a.m. to give consideration to the bill.
Senator Lorna Milne (Chairman) in the Chair.
[English]
The Chairman: Honourable senators, I see a quorum. This meeting of the Standing Senate Committee on Legal and Constitutional Affairs is now in session.
I welcome all of you once again, including our television audience, to Room 257 in the East Block. This is the committee's ninth meeting on Bill C-3, an act respecting DNA identification and to make consequential amendments to the Criminal Code and other acts. The bill provides for the establishment of a national DNA data bank to be maintained by the Commissioner of the RCMP, and used to assist law enforcement agencies in solving crimes.
This bill was passed by the House of Commons on September 29, 1998 and received first reading in the Senate the next day. The bill received second reading on October 22, 1998, meaning that the Senate has already approved this bill in principle. Bill C-3 was then referred to this committee for detailed consideration.
That consideration began on November 25, 1998, with the appearance of Mr. Jacques Saada, parliamentary secretary to the Solicitor General, who is the minister responsible for Bill C-3. The committee then heard two witnesses from the Central Forensic Laboratory of the RCMP, followed by witnesses from the Canadian Police Association, and the Canadian Association of Chiefs of Police. Last week, the committee heard from the Canadian Resource Centre for Victims of Crime, the Barreau du Québec, the Department of Justice, the Canadian College of Medical Geneticists, and Professor Marie-Hélène Parizeau from the Laval University. Yesterday, the committee heard testimony from Bruce Phillips, Privacy Commissioner of Canada, and Phillip Murray, Commissioner of the RCMP. Our final witness yesterday was the Solicitor General of Canada, the Honourable Lawrence MacAulay, who is the sponsor of Bill C-3.
Today's meeting was called to conduct clause-by-clause consideration of the bill. It is at this time that the committee will decide whether to pass the bill as is, recommend amendments, or recommend that the bill not proceed. The committee will then report its decision to the Senate for consideration.
In conducting clause-by-clause consideration of the bill, the committee may wish to group clauses where no amendments are anticipated. At this point, I invite a member of the committee to move that the committee complete clause-by-clause consideration of Bill C-3.
Senator Bryden: I so move.
The Chairman: It is moved by the Honourable Senator John Bryden that the committee complete clause-by-clause consideration of Bill C-3. All those in favour?
Hon. Senators: Agreed.
The Chairman: Opposed? Abstentions?
I declare the motion carried. Shall clause 1 stand?
Hon. Senators: Agreed.
The Chairman: Opposed? Carried.
Shall clauses 2 to 26 carry?
Hon. Senators: Agreed.
The Chairman: Opposed? Carried.
Shall the title of the bill carry?
Hon. Senators: Agreed.
The Chairman: Opposed? Carried
Shall the bill carry?
Hon. Senators: Agreed.
The Chairman: Opposed? Carried.
Shall I report the bill to the Senate without amendment?
Hon. Senators: Agreed.
The Chairman: Opposed? Carried.
At this point, particularly for the benefit of our television audience that may be watching, we have passed this bill without amendment. The committee will now report the bill to the Senate. Under the Rules of the Senate of Canada, that report is deemed to be adopted, because we have passed the bill without amendment, and the bill will now go to third reading. If the Senate passes Bill C-3 at third reading without amendment, it will then receive Royal Assent, at which time it will become part of the Statutes of Canada.
Although the committee has passed Bill C-3 without amendment, there are several issues about which we were all concerned and we may wish to include those concerns as observations in our report. These observations will serve as a reminder to senators and to the government of the concerns raised and commitments made in the course of these hearings. The committee will now proceed in camera to discuss the wording of the report.
I thank senators and our viewers for their interest in the meetings of the Standing Senate Committee on Legal and Constitutional Affairs. For follow-up, I suggest viewers consult the parliamentary Internet site, where they will find the final outcome of bill.
The committee continued in camera.