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HOUSE OF COMMONS OF CANADA
36th PARLIAMENT, 1st SESSION


JOURNALS

No. 098

Monday, May 4, 1998

11:00 a.m.



PRAYERS

PRIVATE MEMBERS' BUSINESS

At 11:00 a.m., pursuant to Standing Order 30(6), the House proceeded to the consideration of Private Members' Business.

Mr. Breitkreuz (Yorkton -- Melville), seconded by Mr. Reynolds (West Vancouver -- Sunshine Coast), moved, -- That, in the opinion of this House, the Government should authorize a proclamation to be issued by the Governor General under the Great Seal of Canada amending Section 7 of the Canadian Charter of Rights and Freedoms to: (a) recognize the fundamental right of individuals to pursue family life free from undue interference by the state and (b) recognize the fundamental right, responsibility and liberty of parents to direct the upbringing of their children, and urge the legislative assemblies of the other provinces to do likewise. (Private Members' Business M-33)

Debate arose thereon.

Pursuant to Standing Order 96(1), the Order was dropped from the Order Paper.

GOVERNMENT ORDERS

The Order was read for the consideration at report stage and second reading of Bill C-3, An Act respecting DNA identification and to make consequential amendments to the Criminal Code and other Acts, as reported by the Standing Committee on Justice and Human Rights with amendments.

Pursuant to Standing Order 76(5), the Speaker selected and grouped for debate the following motions:

    Group No. 1 -- Motions Nos. 1 to 3 and 5.
    Group No. 2 -- Motions Nos. 4, 6, and 13.
    Group No. 3 -- Motion No. 7.
    Group No. 4 -- Motion No. 8.
    Group No. 5 -- Motions Nos. 9 and 14.
    Group No. 6 -- Motions Nos. 10 and 11.
    Group No. 7 -- Motion No. 12.

MOTIONS

By unanimous consent, it was ordered, -- That, during the present debate, all report stage motions on Bill C-3, An Act respecting DNA identification and to make consequential amendments to the Criminal Code and other Acts, be deemed moved and seconded and recorded divisions be deemed requested.

GOVERNMENT ORDERS

The House resumed consideration at report stage and second reading of Bill C-3, An Act respecting DNA identification and to make consequential amendments to the Criminal Code and other Acts, as reported by the Standing Committee on Justice and Human Rights with amendments.

Group No. 1

Mr. Marceau (Charlesbourg), seconded by Mr. Marchand (Québec East), moved Motion No. 1, -- That Bill C-3, in Clause 4, be amended by replacing lines 12 to 23 on page 2 with the following:

    "use of DNA profiles;
    (b) DNA profiles are uniquely private and personal information that may be used only for purposes of identification;
    (c) the improper use and disclosure of DNA profiles can lead to significant harm to the individual, including stigmatization and discrimination in areas such as employment, education, health care, reproduction and insurance;
    (d) forensic DNA analysis provides information not only about an individual, but also about that individual's parents and children, thus implicating family privacy;
    (e) DNA profiles are tied to reproductive decisions which are among the most private and intimate decisions that an individual can make; and
    (f) safeguards for access to, collection, storage, and use of bodily substances, DNA profiles and other information contained in the national DNA data bank are needed to protect the privacy of individuals with respect to personal information about themselves."

Mr. Mancini (Sydney -- Victoria), seconded by Mr. Proctor (Palliser), moved Motion No. 2, -- That Bill C-3, in Clause 4, be amended

(a) by replacing line 12 on page 2 with the following:

    "use of DNA profiles,"

(b) by replacing line 23 on page 2 with the following:

    "Act; and
    (c) because of the personal information that can be gathered through the use of DNA profiles, it is the role of the government through public agencies, to perform the tasks set out in this Act."

Mr. Marceau (Charlesbourg), seconded by Mr. Marchand (Québec East), moved Motion No. 3, -- That Bill C-3, in Clause 5, be amended by replacing lines 30 to 33 on page 2 with the following:

      "(2) The Commissioner shall ensure that the National DNA Data Bank Authority maintains a record of every person who accesses the national DNA data bank established under subsection (1) and any DNA profile contained in that bank."

Mr. Marceau (Charlesbourg), seconded by Mr. Marchand (Québec East), moved Motion No. 5, -- That Bill C-3, in Clause 9, be amended by adding after line 34 on page 6 the following:

      "9.1 (1) The Privacy Commissioner shall every three years after the coming into force of section 5, carry out a complete investigation in respect of the National DNA Data Bank established under that section to ensure compliance with any provision of this Act in respect of that bank.
      (2) Section 37 of the Privacy Act applies, where appropriate and with such modification as the circumstances require in respect of an investigation carried out under subsection (1)."

Debate arose on the motions in Group No. 1 (Motions Nos. 1 to 3 and 5).

STATEMENTS BY MEMBERS

Pursuant to Standing Order 31, Members made statements.

ORAL QUESTIONS

Pursuant to Standing Order 30(5), the House proceeded to Oral Questions.

DAILY ROUTINE OF BUSINESS

Tabling of Documents

Pursuant to Standing Order 32(2), Mr. Adams (Parliamentary Secretary to the Leader of the Government in the House of Commons) laid upon the Table, -- Orders in Council approving certain appointments made by the Governor General in Council, pursuant to Standing Order 110(1), as follows:

-- P.C. 1998-691. -- Sessional Paper No. 8540-361-14O. (Pursuant to Standing Order 32(6), referred to the Standing Committee on Citizenship and Immigration)

-- P.C. 1998-608. -- Sessional Paper No. 8540-361-10E. (Pursuant to Standing Order 32(6), referred to the Standing Committee on Fisheries and Oceans)

-- P.C. 1998-611, P.C. 1998-612, P.C. 1998-613, P.C. 1998-614, P.C. 1998-615, P.C. 1998-616, P.C. 1998-617, P.C. 1998-618, P.C. 1998-619, P.C. 1998-620 and P.C. 1998-621. -- Sessional Paper No. 8540-361-16K. (Pursuant to Standing Order 32(6), referred to the Standing Committee on Human Rights and the Status of Persons with Disabilities)

-- P.C. 1998-610. -- Sessional Paper No. 8540-361-22L. (Pursuant to Standing Order 32(6), referred to the Standing Committee on Industry)

-- P.C. 1998-609. -- Sessional Paper No. 8540-361-5E. (Pursuant to Standing Order 32(6), referred to the Standing Committee on Procedure and House Affairs)


Pursuant to Standing Order 32(2), Mr. Adams (Parliamentary Secretary to the Leader of the Government in the House of Commons) laid upon the Table, -- Government responses, pursuant to Standing Order 36(8), to the following petitions:

-- Nos. 361-0453, 361-0454, 361-0455, 361-0491 and 361-0541 concerning gasoline pricing. -- Sessional Paper No. 8545-361-12A.

Presenting Reports from Committees

Mr. Wilfert (Oak Ridges), from the Standing Committee on Human Resources Development and the Status of Persons with Disabilities, presented the 2nd Report of the Committee (Bill C- 19, An Act to amend the Canada Labour Code (Part I) and the Corporations and Labour Unions Returns Act and to make consequential amendments to other Acts, with an amendment). -- Sessional Paper No. 8510-361-56.

A copy of the relevant Minutes of Proceedings (Meetings Nos. 30 to 33) was tabled.

Presenting Petitions

Pursuant to Standing Order 36, petitions certified correct by the Clerk of Petitions were presented as follows:

-- by Mr. Harb (Ottawa Centre), one concerning radio and television programming (No. 361-0850);

-- by Mr. Earle (Halifax West), one concerning aboriginal affairs (No. 361-0851);

-- by Mr. Byrne (Humber -- St. Barbe -- Baie Verte), one concerning the Canada Labour Code (No. 361-0852);

-- by Mr. Szabo (Mississauga South), one concerning the income tax system (No. 361-0853).

Questions on Order Paper

Mr. Adams (Parliamentary Secretary to the Leader of the Government in the House of Commons) presented the answer to question Q-92 on the Order Paper.

GOVERNMENT ORDERS

The House resumed consideration at report stage and second reading of Bill C-3, An Act respecting DNA identification and to make consequential amendments to the Criminal Code and other Acts, as reported by the Standing Committee on Justice and Human Rights with amendments;

And of the motions in Group No. 1 (Motions Nos. 1 to 3 and 5).

The debate continued on the motions in Group No. 1.

QUORUM

The attention of the Speaker was drawn to the lack of a quorum and, fewer than 20 members having been counted, pursuant to Standing Order 29(3), the bells were rung to call in the Members.

After one minute, a quorum was found.

GOVERNMENT ORDERS

The House resumed consideration at report stage and second reading of Bill C-3, An Act respecting DNA identification and to make consequential amendments to the Criminal Code and other Acts, as reported by the Standing Committee on Justice and Human Rights with amendments;

And of the motions in Group No. 1 (Motions Nos. 1 to 3 and 5).

The debate continued on the motions in Group No. 1.

The question was put on Motions Nos. 1, 3 and 5 and, pursuant to Standing Order 76(8), the recorded divisions were deferred.

Group No. 2

Mr. Marceau (Charlesbourg), seconded by Mr. Marchand (Québec East), moved Motion No. 4, -- That Bill C-3, in Clause 9, be amended

(a) by replacing lines 22 and 23 on page 5 with the following:

    "the convicted offenders index shall be destroyed without delay after"

(b) by adding after line 34 on page 6 the following:

      "(3) Subsections (1) and (2) also apply to information communicated under this Act that is in the possession of any Canadian laboratory or federal or provincial law enforcement agency."

Mr. Marceau (Charlesbourg), seconded by Mr. Marchand (Québec East), moved Motion No. 6, -- That Bill C-3, in Clause 10, be amended by adding after line 34 on page 8 the following:

      "(7.1) The Commission shall destroy the stored bodily substances of a person without delay after a forensic D.N.A. analysis of these substances is first performed under this section."

Mr. Marceau (Charlesbourg), seconded by Mr. Marchand (Québec East), moved Motion No. 13, -- That Bill C-3, in Clause 22, be amended by adding after line 29 on page 24 the following:

      "(2) Paragraph 487.09(1)(b) of the Act is replaced by the following:
    (b) the person is finally acquitted of the designated offence and any other offence in respect of the same transaction; or"

Debate arose on the motions in Group No. 2 (Motions Nos. 4, 6 and 13).

QUORUM

The attention of the Speaker was drawn to the lack of a quorum and, fewer than 20 members having been counted, pursuant to Standing Order 29(3), the bells were rung to call in the Members.

After one minute, a quorum was found.

GOVERNMENT ORDERS

The House resumed consideration at report stage and second reading of Bill C-3, An Act respecting DNA identification and to make consequential amendments to the Criminal Code and other Acts, as reported by the Standing Committee on Justice and Human Rights with amendments;

And of the motions in Group No. 2 (Motions Nos. 4, 6 and 13).

The debate continued on the motions in Group No. 2.

The question was put on Motions Nos. 4, 6 and 13 and, pursuant to Standing Order 76(8), the recorded divisions were deferred.

Group No. 3

Mr. Mancini (Sydney -- Victoria), seconded by Mr. Proctor (Palliser), moved Motion No. 7, -- That Bill C-3, in Clause 11, be amended by replacing line 6 on page 9 with the following:

    "exceeding five years; or"

Debate arose on the motion in Group No. 3 (Motion No. 7).

RETURNS AND REPORTS DEPOSITED WITH THE CLERK OF THE HOUSE

Pursuant to Standing Order 32(1), a paper deposited with the Clerk of the House was laid upon the Table as follows:

-- by Ms. Copps (Minister of Canadian Heritage) -- Summary of the Corporate Plan for 1997-98 to 2001-02 of the Canadian Broadcasting Corporation, pursuant to the Broadcasting Act, S.C. 1991, c. 11, sbs. 55(4). -- Sessional Paper No. 8562-361-849. (Pursuant to Standing Order 32(5), permanently referred to the Standing Committee on Canadian Heritage)

ADJOURNMENT

At 6:30 p.m., the Speaker adjourned the House until tomorrow at 10:00 a.m., pursuant to Standing Order 24(1).