Mr. Chair, this amendment is to remove a part of clause 17. The subsequent amendments that would follow from that propose to delete the rest of clause 17.
We heard significant testimony before the committee from the crown prosecutors, from the defence bar, from the Canadian Bar Association, and from those who practise criminal law that we are headed for a likely successful constitutional challenge of clause 17 if it remains.
This is to avoid another loss before the courts when this is challenged on the basis of constitutionality. It respects the evidence we heard from those who practise in the area. Unless we want to end up back before the court and have another section of the code struck out as being unconstitutional, we can save everyone the trouble now by adopting this amendment or by defeating this clause.