Justice Committee on Nov. 1st, 2006

[Marc Lemay, Bloc, Abitibi—Témiscamingue, QC]

That's good.

Are the documents on your site in English and French, and can we have copies of them?

[John Carpay]

I don't have any documents to distribute today. Pardon me, I received the invitation on October 30. So I didn't have much time to prepare.

[Marc Lemay, Bloc, Abitibi—Témiscamingue, QC]

What does the Canadian Constitution Foundation do? Who pays to support it? How does it live? Who feeds it?

[John Carpay]

It's paid for and fed by Canadians who support our work, who voluntarily give their money. We sometimes receive donations of $25, $100 or $1,000. That's the way it is. There are tens of people in the country who support us. No one is forced to give us any money. That's not the same thing for the commission, because everyone, through their taxes, is obliged to support its work. That's a big difference.

[Marc Lemay, Bloc, Abitibi—Témiscamingue, QC]

There you go. So you consider that $3.2 million a year for the work that's done by the Law Reform Commission of Canada is too much?

[John Carpay]

I admit that the sum of $3.2 million isn't a large amount in view of the size of the overall federal budget. However, paying this amount for work which is already available elsewhere is waste.

[Marc Lemay, Bloc, Abitibi—Témiscamingue, QC]

That's fine.

I'm going to ask you a question, sir. Are you a lawyer?

[John Carpay]

Yes, and you?

[Marc Lemay, Bloc, Abitibi—Témiscamingue, QC]

I've been practising for 25 years, sir, and, with all due respect, I'm the one asking the questions. Since I'm the one who's asking them, I'm going to expect answers. Have you consulted the Web site of the Law Reform Commission of Canada, and, if so, how many times?

[John Carpay]

I've consulted its Web site, yes.

[Marc Lemay, Bloc, Abitibi—Témiscamingue, QC]

When?

[John Carpay]

Between the moment I received the invitation and today. I did my best.

[Marc Lemay, Bloc, Abitibi—Témiscamingue, QC]

You've been a lawyer for how many years, Mr. Carpay?

[John Carpay]

I don't understand how that question is relevant. The answer is six years, but I don't see what you're getting at?

[Marc Lemay, Bloc, Abitibi—Témiscamingue, QC]

Mr. Carpay, you're appearing before us to criticize the Law Reform Commission of Canada, which has been doing an essential job for nine years, and you're telling us that this is a needless expense. Is that what you're telling us?

[John Carpay]

That's it, precisely.

[Marc Lemay, Bloc, Abitibi—Témiscamingue, QC]

What would you replace it with? With the extreme right?

[John Carpay]

I've already mentioned other possibilities, such as professors of faculties of law or, for example, the Canadian Centre for Policy Alternatives. Perhaps you think that's on the extreme right wing.

[Marc Lemay, Bloc, Abitibi—Témiscamingue, QC]

Do you believe there should be a neutral place in Canada? Law professors are law professors. Essential research and studies have been conducted by the Law Reform Commission of Canada, if only for causes linked to the First Nations. I sit on the Standing Committee of Indian and Northern Affairs. I can also have you appear before that committee, if you wish.

Do you mean that the work done on Aboriginal issues by the Law Reform Commission of Canada was useless? Is that what you're telling us?

[John Carpay]

No, I'm saying that there are various opinions on Aboriginal affairs, on the law pertaining to Aboriginal persons.

There are differing views about aboriginal policy, aboriginal laws, and I think it's not wise for a group to declare itself to be the neutral expert. I don't share your view on neutral agencies. You and I and everybody in this room all have opinions and biases, and to pretend that one is neutral and in this high position to be able to deliver this neutral, sage wisdom doesn't wash. I don't believe in neutral agencies.

Take a controversial issue, such as the definition of marriage. The Law Commission, on its website, says that marriage should be replaced by registration and that the definition should be changed. Some people agree with that and some people disagree with that, but to pretend that you're neutral is silly.

[Marc Lemay, Bloc, Abitibi—Témiscamingue, QC]

So you claim that they aren't neutral. Is that what you're claiming?

[John Carpay]

I'm not neutral, they aren't either, and you aren't either. In fact no one in this room today is neutral.

[Marc Lemay, Bloc, Abitibi—Témiscamingue, QC]

Is a judge neutral?

[John Carpay]

A judge does his best to be neutral, but he's a human being.

[Marc Lemay, Bloc, Abitibi—Témiscamingue, QC]

Have you read any opinions issued by the Law Reform Commission of Canada? Have you taken the trouble to read them or to read a few since Monday?