I agree with Mr. McKinnon. This really is a critical part of our exercise. Of course, NDP-2 would have dealt with the language that you rightly say would be eliminated, but that is a matter of style. It is critically important that it be included, but we had that forward as another way of doing it.
I would like to note and to thank Mr. Oliphant for coming. He was a superb co-chair of the Senate-House committee, and that was the committee that recommended we don't define it, for reasons that are articulated in that report, which I won't repeat.
I would like to repeat, however, that Mr. Arvay, the counsel; Mr. Ménard, from the Quebec bar association; and the Canadian Bar Association have all pointed out the problems with this bill.
I would like to read what the Canadian Bar Association wrote to the Senate on May 4:
The CBA Working Group does not believe that this definition is consistent with the criteria established by the SCC in Carter.
Nor do I. Nor does Mr. Arvay. Nor does Mr. Ménard. We have had no independent legal opinion. The Department of Justice's perspective was, with great respect, advanced unsuccessfully in the court. Now we have amendments that would undercut, in the name of certainty. Mr. Casey tells us that somehow this would not provide clarity.
With all due respect, I heard two doctors on Cross Country Checkup, one saying Kay Carter would be covered, one saying she wouldn't. Is that clear? We have “reasonably foreseeable” language, which has been the subject of ridicule across the country, and to suggest that this provides clarity is simply inappropriate.
Last, to say that this would do harm will be contrary to the policy choices of the government in Bill C-14. I would like to remind the committee why we are here. We are here to put meat on the bones of a unanimous Supreme Court of Canada decision. This does not do that. It undercuts that. With great respect, I simply disagree, and I hope people will be persuaded that we have a job to do. We have to apply the law of the land, and this does not do it. The Canadian Bar doesn't think so. The counsel who argued it doesn't think so. Mr. Ménard doesn't think so. I hope you will agree that it can't be done. In the name of clarity, it certainly doesn't do the job.