SECU Committee Report

The Committee recommends that the Government consider the advisability of bringing in the legislation necessary to establish missing persons indexes after the completion of federal-provincial-territorial discussions on its implementation.

The Government of Canada recognizes the important work that has been done by Mr. Mike Wallace, M.P. for Burlington, along with other parliamentarians, and by the Standing Committee on Public Safety and National Security, towards an enabling legislative framework for the expansion of Canada’s National DNA Databank (NDDB) to include the capacity to use DNA technology to assist in the identification of unidentified human remains and assist in missing persons investigations.

The Government is committed to a successful outcome for the ongoing federal-provincial-territorial (FPT) process, led by the FPT Ministers Responsible for Justice.  It is working to reach consensus on the solutions to the legal, jurisdictional and cost challenges that are at play with regard to the establishment of a DNA-based missing persons index (MPI). The Government therefore agrees to the single recommendation of SECU to consider the advisability of bringing forward legislation that may be required to establish missing person indexes, within the context of ongoing FPT discussions on an MPI.    

The Government strongly believes that in order to design and implement an MPI that truly responds to the expectations of Canadians and parliamentarians, the Government must complete its discussions with other orders of government on the full range of related issues.  This includes a legislative framework, questions of cost, and the establishment of usage protocols that protect the privacy of citizens and maximize effectiveness of an MPI on a national basis.  Discussions on the establishment of a Canadian MPI must also include FPT consideration of the capacity and sustainability of the existing regime for DNA forensics in the criminal law context.  In considering an MPI, FPT Ministers Responsible for Justice have stressed that the establishment of such an index should “do no harm” to the existing regime.

Both orders of government have invested significant time and attention towards the establishment of a national MPI.  Public consultations have been conducted, and an FPT working group has been developing a common FPT understanding of what is required to make a workable national system.  The FPT Working Group intends to provide a final report to FPT Ministers Responsible for Justice in November 2007 that will contain recommendations as to how to most effectively establish a Canadian MPI.  At the conclusion of the FPT process the federal Government will be prepared to consider implications for federal powers.  

The FPT process may also consider whether to involve the Uniform Law Conference of Canada (ULC), as suggested in the Committee’s Ninth Report.  The Government notes that officials made presentations to the ULC in 2005 on the issue of a MPI, at the time of public consultations led by the FPT process.  At that time the ULC decided to receive a report and took no further action.

The Government is encouraged by the Committee’s dedication to pursuing this important matter, and looks forward to being informed by the outcome of the FPT process.