Right.
I agree with you. Parliament would have ample room in terms of criminal law power to legislate in this area. The Supreme Court at paragraph 53 in Carter specifically said that the area of health care is an area of concurrent jurisdiction, in which both the federal and provincial governments can legislate. So I think it even allows greater flexibility in which to legislate.
Certainly Parliament does have the ability to legislate, but I guess then the question becomes how far Parliament can go in the way of legislating. A similar question was posed to a witness, Professor Pothier, earlier this evening. She seemed to suggest that Parliament could enact conscience protection legislation along the lines, for example, of section 3.1 of the Civil Marriage Act, but she then seemed to say that this would be about all that Parliament could do in the way of conscience protection legislation.
Could you perhaps elaborate on how far Parliament can go to protect conscience rights?