I raised the Jennings test because, again, it was specifically applied by the Supreme Court of Canada in 1981. It's not something I just pulled out of a hat. The Supreme Court applied the Jennings test, and I think the Jennings test applies itself again in the situation where you are trying to change a fundamental aspect of our Constitution. It's an unwritten aspect, but we've been voting by the first past the post system since 1792. That predates everything. The first election in Lower Canada was in 1792. We've been using this kind of system ever since.
You're touching on a pillar of our system, and we don't have any constitutional amendment formula for pillars of our system. In a situation like that, you have to identify whether this is in fact a convention. The Jennings test gives you a test to determine whether it's a convention. I think it meets that test, but it's not going to be my decision. I suspect that what should happen is that either you or the government refer it to the Supreme Court and let the Supreme Court decide: does this Jennings test apply in this case? We're all going to have to live by that kind of decision.