00:00Government wants to add people returning from terrorism or conflict zones like Syria and Iraq
00:06to the DNA bill for mandatory non-evasive collection of DNA.
00:10According to Minister in the Office of the Prime Minister, Senator Darrell Allaha,
00:14this includes three categories, those deemed foreign terrorist fighters
00:18and returnees, for which there are two classifications.
00:22One application is the definition from a previously drafted returnee bill
00:27referring to those who are entering from conflict or terrorist zones
00:31or those who are detained in camps in those zones.
00:35And two...
00:36Under Clause 3b, and I will read the clause,
00:40who the minister with responsibility for the Anti-Terrorism Act, i.e. the Minister of Defense,
00:47has reasonable grounds to believe poses a threat or risk of committing a terrorist act
00:52and who is not a foreign terrorist fighter.
00:54We are looking at non-intimate samples
00:58and we are looking at taking those samples when they arrive at the border.
01:05According to Allaha, present legislation captures deportees, but not these categories,
01:10even amid the possibility of radicalization, exposure to terrorist groups
01:14and the potential national security risk they may pose.
01:17Over the past two years, six persons have returned to this country from conflict zones,
01:27two of which were adults and the remaining were children.
01:32And those persons, therefore, were therefore permitted to reintegrate into society
01:40without any biological record being obtained.
01:44The minister says the term foreign terrorist fighter maintains the same context
01:49as in the Anti-Terrorism Act, in that they would have either knowingly traveled to plan,
01:55commit, support or facilitate acts of terrorism.
01:58But opposition Senator Sanjeev Boudou signals a vast difference, saying
02:02that act requires a person to first be convicted by a court of law before being labeled as such.
02:08It is not sufficient to say that we are not prosecuting the person as a terrorist.
02:14And even if you wish to mount that argument, then the question arises,
02:17if you're not necessarily chasing a prosecution,
02:20why deem someone a foreign terrorist fighter with that term, with that definition, Mr. President,
02:26for the sole purpose of obtaining a DNA sample at all?
02:30As it stands, Boudou objects to the government's claim
02:33that the amendment only requires a simple majority.
02:36These powers are simply and plainly excessive, unconstitutional,
02:42and they are downright dangerous, Mr. President.
02:45He adds that in all categories currently mandated to give a DNA sample,
02:49namely suspects, detainees and accused and deportees, police intervention is necessary.
02:55This, he states, creates independence in the administration of justice under the law.
03:00Boudou suggests that if a minister has reasonable grounds to deem a person a risk,
03:06it should be dealt with judicially.
03:08Let an independent judicial officer, specifically a high court judge,
03:14determine whether the threshold is met,
03:16and permit the subject of that order, the person,
03:20the opportunity to challenge and present their case as appropriate.
03:24Independent Senator Dr. Desiree Murray agrees with the spirit of the legislation,
03:30acknowledging the risk facing the country from people returning from terrorist zones.
03:34However, she too has serious concerns.
03:38Constitutional rights are in fact being breached,
03:41and that should be acknowledged by seeking the support of three-fifths
03:45of all members of the Senate for passage of the bill.
03:48Dr. Desiree Murray is also troubled by what she says are systemic inadequacies
03:52which may result in those retaining, inclusive of children,
03:57being placed at a serious disadvantage.
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