Bill C-2 (39th Parliament, 1st Session) committee  Thank you, Mr. Chair. I'll answer the first of the two questions: are the problems described in this report curable by way of amendment? For the most part, yes, they are, in the sense that making the text of the bill reflect an intention to subordinate the powers, immunities, an

Bill C-2 (39th Parliament, 1st Session) committee  Mr. Chairman, just as the member was speaking, I was looking for where on page 10 I had said that, and I couldn't find it on page 10, but I think I'm finding it on page 8. What I think I said in the report—and, again, I haven't found the exact wording—was that the privileges of

Bill C-2 (39th Parliament, 1st Session) committee  No, I had no contact with members of the committee while preparing my report. I made a conscious decision not to speak with members of the committee whilst drafting it. The only time that I spoke with a member of this committee about the report was after having given it to the ch

Bill C-2 (39th Parliament, 1st Session) committee  I'm sorry. That's not the text I was referring to on page 8. It is on page 9. It is true, as I said in answer to the previous question, that legislation can be passed that has the effect of limiting or diminishing the privileges of the House or its members. As a counsel to this

Bill C-2 (39th Parliament, 1st Session) committee  In response to what you said, Mr. Chairman, without taking the time of any member, I brought lawyers from my office here this evening so that they can speak to members of this committee immediately after the meeting and perhaps take instruction. I understand that in many cases am

Bill C-2 (39th Parliament, 1st Session) committee  No, nobody consulted us.

Bill C-2 (39th Parliament, 1st Session) committee  I did not hear the answer that the minister gave in the House today. The repatriation of the Constitution in 1981 was an entirely different kettle of fish.

Bill C-2 (39th Parliament, 1st Session) committee  Immoral? I do not think that it is a matter of immorality.

Bill C-2 (39th Parliament, 1st Session) committee  Perhaps, but Parliament has the right to change its privileges if it sees fit to do so.

Bill C-2 (39th Parliament, 1st Session) committee  I did so of my own accord.

Bill C-2 (39th Parliament, 1st Session) committee  Exactly.

Bill C-2 (39th Parliament, 1st Session) committee  By means of the amendments included in Bill C-2, by stating that, notwithstanding the constitutional privileges of Parliament, in clause 6 or in clause 21...

Bill C-2 (39th Parliament, 1st Session) committee  The problem is that it requires a constitutional amendment. We cannot use the standard legislative avenues. Changing how the 1889 act is applied would involve amending the Constitution.

Bill C-2 (39th Parliament, 1st Session) committee  In its current format, if a member, a minister or a parliamentary secretary were to challenge the act and to decide to seek legal advice, the matter could end up before the courts, which would generate uncertainty. In fact, the House could grind to a halt while waiting for the co

Bill C-2 (39th Parliament, 1st Session) committee  Of course. It affects the balance between the legislative, executive and judicial branches. The constitutional context in which our parliamentary system evolves grants rights to Parliament, to governments, and to the judiciary. This results in a form of balance. Would this balanc