I'm not sure what case the member's referring to, Mr. Chair, but where a prerogative power is exercised or not being exercised and it affects the rights of an individual, then you have a charter argument and the courts will look at the exercise or non-exercise of prerogative powers relative to the rights of an individual under the charter.
We're here now about prorogation, and of course it does not concern the charter; it's a matter purely within Parliament. The justiciability issue, in my view, arises generally where the nature of the legislation in question.... The Fixed Election Dates Act, for example, didn't deal directly with the prime ministerial role. It just had a section that said there shall be elections every four years. The argument was made that it necessarily meant that the traditional role of the Prime Minister was overruled by this provision, and the court didn't accept that argument.