First of all, the basic suggestion that a government will not adopt unconstitutional legislation is an absurdity. Is that to question that the judiciary is no longer a legitimate and vital branch of democracy? That leaves us rather speechless.
Secondly, if you look at the importance of this program and its potential importance to Canada's English-speaking linguistic minority, there hasn't been occasion yet—and we hope there won't be—to test section 23 in its full breadth with respect to the existence of English-speaking communities on the mainland and the school boards that support them. There are endless examples in Canada that show that those communities will not exist if their schools are not there. That program is important to us for something we may have to have recourse to many years from now or next year.
It's impossible to separate the charter from this program if this government is to suggest that the charter is, of course, a legitimate part of our legal and political fabric and its role is to defend that charter. The charter only exists if one has recourse to it; thus the program is essential.