I think it may be that you would have to report on many more bills, because the consequence for the Minister of Justice is that they have to present a report. It doesn't mean the bill doesn't go forward. It's a different consequence here. With this committee, the consequence is that the bill is not votable.
In my sense, the criterion is a similar one. Just to quote one last part of the decision, the court says:
...in conclusion, I ask this question: given the nature of constitutional law and litigation and the practical obstacles facing the Department of Justice, what is more likely? That the examination provisions require the Minister to reach a definitive view, settle upon probability assessments and report when she concludes that proposed legislation is “likely” unconstitutional? Or that the examination provisions require the Minister to report whenever there is no credible argument supporting the constitutionality of proposed legislation?
I would suggest the latter. Given the uncertain, difficult jurisprudential terrain of constitutional law and the time when the Minister is expected to assess proposed legislation—
This is the part I read to you in my statement:
—the only responsible, reliable report that could be given under the examination provisions is when proposed legislation is so constitutionally deficient, it cannot be credibly defended.
One of the questions is this: Is that a test that can ever be met? If you're putting the bar too high, you're never going to report, or you're never going to determine something not to be votable. The court says that one thing is clear. Even in this difficult, uncertain, speculative environment, some proposed legislation may be so deficient that the minister can conclude with confidence that no credible argument could be made to support it. I would suggest it's the same for this committee.