Thank you, Madam Chair.
I'd like to begin by thanking the members of the committee for this invitation.
What I'd like to do is make a clear distinction between the two sides of my evidence. I'll make some comments as an individual and citizen who supports Bill C‑216, but I would also in particular like to talk about things that fall more into my field of expertise, which is constitutional law.
As an individual and a citizen, it seems clear to me that some interests need protection, because they are strategic for Quebec and Canada. The health crisis has shown us that autonomy, particularly food autonomy and local production, are more important than ever.
However, I'm here mainly as an expert in constitutional law. My message is simple and I would summarize it as follows: it is legally possible to increase the role of Parliament in these debates. That's why it's important in this debate to make a clear distinction between the fundamental question of Parliament's capacity to decide and the political expediency of doing so. The law should not be used here as a pretext.
The relationships between the executive and legislative branches are complex. Sometimes it is useful to allow the greatest possible latitude to the executive. For example, when it has to make a rapid decision, it needs some flexibility. Sometimes, it's the other way around, the executive needs less latitude, and Parliament has to set limits. In both cases, however, it is up to Parliament to determine this balance. It's up to parliamentarians to rule on certain issues with respect to which their ultimate power, or their parliamentary sovereignty, must take precedence over executive leeway.
Do the interests protected by supply management deserve added protection, more parliamentary debate, or an executive blank cheque? It's a question of political expediency. As a citizen, I would say yes, but more importantly, as a constitutional law expert, I believe that there is no doubt that procedurally, legally and constitutionally, it is possible for Parliament to frame executive action on these foreign affairs issues. It has already done so in section 10 of the Department of Foreign Affairs, Trade and Development Act. What Bill C‑216 is proposing is to go one step further, by adding details to the list of powers, and imposing certain limits on executive action.
Of course, it's important to remain aware of the fact that simply because Parliament would play a greater role in these decisions everything would automatically be carved in stone. Parliament remains sovereign. What I find interesting in Bill C‑216 is the democratization of debate on these matters as a result of requiring parliamentary debate if the interests associated with supply management need to be challenged. The act would require that parliamentarians have the final word on these questions. In other words, parliamentarians will always be free to review these matters, but will have at least established appropriate, useful and politically expedient limits on the work of the executive.
To conclude, Parliament can set limits on the statutory powers of the minister as provided in section 10 of the Department of Foreign Affairs, Trade and Development Act. A move in this direction is a political decision vested in the elected members of the House.
As an expert, I am telling you that the procedural option exists. As a citizen, I believe that it's the right option.
Thank you.