Proceedings of the Standing Senate Committee on
Legal and Constitutional Affairs

Issue 8 - Evidence

OTTAWA, Thursday, December 16, 1999

The Standing Senate Committee on Legal and Constitutional Affairs, to which was referred Bill S-10, to amend the National Defence Act, the DNA Identification Act and the Criminal Code, met this day at 10:48 a.m. to give consideration to the bill.

Senator Lorna Milne (Chairman) in the Chair.

[English]

The Chairman: We will now proceed with clause-by-clause consideration of Bill S-10. Before we begin, do I have agreement from the committee to group the clauses on which there will be no amendments, clauses 2 to 18 and 20 to 26?

Hon. Senators: Agreed.

The Chairman: It is moved, then, by the Honourable Senator Joan Fraser that the committee proceed with clause-by-clause consideration of Bill S-10.

Shall the title stand?

Hon. Senators:Agreed.

The Chairman: Carried. Shall clause 1 carry?

Senator Fraser: Honourable senators, I move:

That Bill S-10, in Clause 1 be amended by adding after line 19 on page 9 the following:

(3) A peace officer, or any person acting under a peace officer's direction, who is authorized to take samples of bodily substances from a person by an order under section 196.14 or 196.15 or an authorization under section 196.24 may take fingerprints for the purpose of the DNA Identification Act.

The Chairman: You do not need to read it in French. We have the hard copy before us in French.

Shall clause 1, as amended, carry?

Hon. Senators: Agreed.

The Chairman: I declare the motion carried.

Shall clauses 2 to 18 carry?

Hon. Senators: Agreed.

The Chairman: Carried. Shall clause 19 carry?

Senator Fraser: Honourable senators, I move:

That Bill S-10, in Clause 19, be amended on page 18 by replacing line 26 with the following:

19.(1) The portion of subsection 487.06(1) of; and

(b) adding after line 38 the following:

(2) Section 247.06 of the Act is amended by adding the following after subsection (2):

(3) a peace officer, or any person acting under a peace officer's direction, who is authorized to take samples of bodily substances from a person by an order under section 487.051 or 487.052 or an authorization under section 487.055 or 487.091 may take fingerprints from the person for the purpose of the DNA Identification Act.

The Chairman: Shall clause 19, as amended, carry?

Hon. Senators: Agreed.

The Chairman: I declare the motion carried.

Shall clauses 20 to 26 carry?

Hon. Senators: Agreed.

The Chairman: Carried. Shall the title carry?

Hon. Senators: Agreed.

The Chairman: Carried. Shall the bill, as amended, carry?

Hon. Senators: Agreed.

The Chairman: Carried. Shall I report the bill, as amended, to the Senate?

Hon. Senators: Agreed.

The Chairman: I will report the bill this afternoon. Since it is being reported as amended, I will point out again to Senator Joyal, who was not here earlier, that I will be able to comment on it and I will also comment on some of our reservations about particular clauses that were added in the other place to the earlier bill.

Before we adjourn, I should like to wish everyone here a happy Christmas and a wonderful year 2000. I want to thank the staff, those whom we never see behind the smoked glass and those who are always here to help us.

The committee adjourned.