I have made a number of comments on the matter and I am going to make another one.
This clause would retroactively rescind the Federal Balanced Budget Act. My concern is not so much about eliminating or rescinding that act in particular, but rather about the fact that we are making a retroactive change in order to avoid the government finding itself in an illegal situation, which will be the case as of tomorrow, June 1.
We consider that this retroactive change to a situation in which the government finds itself is problematic in terms of the rule of law. I certainly heard the parliamentary secretary’s comments about the fact the Parliament is sovereign, but that does not mean that the government can escape from its obligations by legislation that it itself imposes.
The current President of the Treasury Board, Mr. Brison, who was once my colleague on the Standing Committee on Finance, said this when the Conservatives were doing the same thing, retroactively rescinding an act: “…a government that, effectively through an abuse of power, is changing a law retroactively to make legal that which was illegal at the time…”
When the current government was in opposition, it condemned this kind of approach. Now, it seems to be going in the same direction and embracing retroactive changes which, let me remind you, contravene recognized rules of law, even though it is possible for a sovereign Parliament to act in that way. That is what the Liberals are doing at the moment.
For that reason, we cannot support retroactive changes in the way they are being made. The act should have been eliminated or rescinded in an open and straightforward manner, and the government would have suffered the consequences of not honouring an act that was voted in by another sovereign Parliament.