Thank you, Mr. Chairman.
This file has a very political component to it. We can indeed criticize the lack of consultation by the government, but once the bill is before committee, it is our responsibility as parliamentarians to study it. We may agree or disagree with the witnesses. That is why it is important, today, that we hear from both industry and workers affected by this issue.
I have read your briefs, and the prevailing point made in most of them is a request to the committee that amendments be tabled to restore the presumption of innocence. I think that this is quite important for both industry and the workers.
Have there been any Supreme Court rulings on the issue? There was this ruling made in 1978 involving Sault Ste. Marie, where the Supreme Court of Canada established a principle of strict liability in 1978. Since the adoption of the Canadian Charter of Rights and Freedoms, the Supreme Court has ruled that strict liability penalties do not violate the Charter, even if they can lead to a prison term.
The Supreme Court has already made a pronouncement with respect to strict liability. Consequently, strict liability does not mean a presumption of guilt.
You were right to refer to Bill C-15, but you could have also referred to Bill C-34. The wording of certain provisions in Bill C-15 lead us to believe that a judge could decide to absolve a ship's master, shipowner, chief engineer or director of any criminal liability provided that it could be shown that these individuals acted with due diligence. The acts therefore contain this principle of diligence.
As a last resort, the principle of diligence provided in Bill C-15 may enable you to demonstrate to the court that you have implemented the requisite measures.
I would like to hear your opinion on previous rulings of the Supreme Court and how such rulings could establish jurisprudence in the case before us. Should we not give consideration, as parliamentarians, to Supreme Court decisions when we examine bills? In all honesty, I am no lawyer. However, this does appear to be a legal argument.