Professor Dodek, I am concerned by another aspect of the road we are on, and you spoke about it. It is the fact that there is a reference to the Supreme Court at exactly the same time asking exactly the same questions as those that the committee is studying at the moment in the context of clauses 471 and 472 of Bill C-4.
The gist of the reference clearly focuses on those two clauses and on the government's right to pass a bill that would establish the interpretation of the interpretive provisions. It would explain the facts of a situation that has existed since sections 5 and 6 of the Supreme Court Act were written.
You mentioned that seeing a situation like that is a concern. Am I to understand that, while it may not be very appropriate, it is not illegal? Parliament could pas Bill C-4 including clauses 471 and 472, but it would be ill-advised to do so, because we could get our knuckles rapped. It may happen, but it may not. Perhaps the Supreme Court will decide that we have the right to do it. Is it just inappropriate, but not necessarily illegal? That is what I am trying to find out.