How many more tests do we need, though? This is my point.
Regardless of how we feel about the issue—set the politics of the issue aside—the question before us as an appellant body is, should this bill be allowed to have a vote? The only way that it should not be is that if it's so in violation of the Constitution that it just makes a mockery should we allow that vote. That doesn't seem to be where we are.
Now, I've entered into a dialogue with colleagues. I'm only the second speaker—sorry, third—and I enjoy these discussions. I'm looking forward to feedback as we go through, but I have to say, Chair, that this is where I thought we might end up.
Regardless of how I feel about the bill, as a member acting in an appellant body manner, I'm now finding it very difficult to justify saying to a colleague, “Your private member's bill does not deserve to be voted on.” Because why...? The only thing I can think of is that we either start getting into the constitutionality, in which case it seems that there's at least a valid argument and debate to be had, on both sides. Second, of course, is that if it does get past this body and goes on to the House, the House can use a different standard, that is, whether they like the bill or not and whether they agree that it ought to be the law of the land. That's not what we're doing right here and right now.
Somebody please correct me if I'm wrong, but where we are right now is hearing from a subcommittee that has said, “We believe this is not votable because it's not constitutional”. The member has appealed that decision to us. It is our decision to make before it goes to the House. I haven't heard a good argument that backs up the subcommittee argument that it's unconstitutional, because the parliamentary law clerk has at least offered up that there can be at least a credible argument on both sides, as a starting point, recognizing that at the end of the day it's the Supreme Court that will make a final determination on its constitutionality. Even that may not be the end of the day. A further Supreme Court in the future could do something, but for our purposes here, this is where we are in that process.
Right now, colleagues, I am strongly inclined to vote against the recommendation of the subcommittee and vote in favour of this, allowing it to go forward. Having said that, I'm going to listen intently. This is a serious matter. If people see it differently than I do, I can be persuaded. That's my thinking so far.
I thank you for the floor, Chair.