Mr. Speaker, I am so glad to have been ready and willing to rise on this adjournment proceeding on behalf of the good people of Elgin—St. Thomas—London South.
The question on which I am following up is one that has become even more timely since I asked the original question of the government in question period, although if we look at the response, we realize that question period is not an appropriate name for it. The question was dealing with the federal government's invocation of the Emergencies Act.
One may wonder why I was asking in question period about a four-year-old decision by the government. That would be a very good question. It is because, in the interceding four years, the Liberal government has failed to accept what now two courts have determined, which is that it violated the fundamental charter rights and freedoms of Canadians.
That is so important because the Federal Court and then the Federal Court of Appeal said that not only was the usage of the Emergencies Act by the Liberal government unlawful, meaning it did not meet the tests set out in the Emergencies Act, but the measures it invoked and deployed using the Emergencies Act violated the fundamental rights of Canadians.
The right to freedom of assembly, freedom of expression and the right to peacefully protest are things that in a free society, all Canadians should hold dear. It is especially timely at this exact moment, because moments ago the Liberal government voted for and advanced through Bill C-9, which is a bill that it has been giving very similar assurances on: that it will not violate charter rights because the charter is there to protect those rights. However, in the case of the Emergencies Act, that same pledge did not result in real protection.
Just last week, the Attorney General, the justice minister, filed for leave to appeal the Federal Court of Appeal decision on the Emergencies Act. It was on the last day by which the government could ask the Supreme Court to take on the case. It was in the last hour of the last day that the government made this move. In doing so, this so-called new government is forced to wear the decision of Justin Trudeau. The so-called new government has a new Attorney General, whom members may know from such extraordinary work as he brought to the immigration and housing files before the Prime Minister decided to put him in charge of justice. He has now had to wear the decision by David Lametti and Marco Mendicino that two courts have found to be unlawful.
This is so important because we have had a discussion in this country about how strong the charter really is and how well the charter will protect the rights and freedoms of Canadians.
I am a firm believer in the rights enumerated in the charter. These are rights that predated the charter. I would argue they are natural rights, things that need to live in the hearts and minds of Canadians, in the institutions of Canada, including the courts, and certainly in the hearts and minds of those who make the laws. We should never, as lawmakers, pass legislation or make decisions in the hope that the courts will save Canadians from their rights being violated. We must actively seek out ways to protect them in all terms.
In the case of the Emergencies Act, suppose that the government gets its appeal and the Supreme Court hears this case, and suppose that the Supreme Court makes the same finding that the Federal Court and the Federal Court of Appeal did: that the government violated the charter rights of Canadians. What good would that do five years later? The infringement has already taken place.
Why will the government not accept this ruling, vow to uphold the charter and, in doing so, listen to what two courts have said?