Thank you very much for your question.
On the first part of your question—why repeal it—I believe, as I've stated, that the core principle of this bill is to repeal it because it does infringe on our Charter of Rights and Freedoms. Paragraph 2(b) of the Charter of Rights and Freedoms states that “freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication”, is enshrined in our charter.
The debate really isn't about whether or not it impedes our own charter. The debate that has been put forward by the NDP opposition is to try to justify why that happens. I think we need to repeal this because not only has it not worked practically in the implementation—I don't believe that it has adequately protected against hate speech in our country—but I believe it infringes significantly on freedom of speech and expression, which is a cornerstone of our society.
One of the issues—and it's what I have heard in debate in the House and once again here today through your questions—is this reinforcement of two-tiered hate speech law in our country, one tier being what is currently in place under section 13 of the Canadian Human Rights Act, and the second being the Criminal Code. But I actually take umbrage at that because, as Mr. Jean has just stated so well, these are serious cases, and there shouldn't be different levels of hate speech in our country.
I don't believe that you can be prosecuted for a hate speech and only get, say, a $5,000 fine and that's adequate. If it's hate speech, it should go under the Criminal Code of Canada and it should be prosecuted to the fullest extent of the law. I believe that a two-tiered system actually takes away from that and minimizes it.
I believe these are serious offences that need to be investigated by a police officer. They need to be looked at in an open and transparent system that has all the checks and balances that we Canadians expect, and not by some quasi-judicial body where, at the end of the day, you don't even see the light of day of it, and by a quasi-judicial body that in some cases has rules of evidence that ebb and flow depending on who is presiding over the case. I don't think that is the right way to go. I believe we need an open and transparent system. I believe this should be looked at under the Criminal Code of Canada.