Thank you, and thanks for what sounds like your supportive comments on those recommendations.
I understand from a political standpoint the reason for separating the jurisdictions, but I think if you take a purposive approach to the mandate of the program it simply doesn't make sense. Look at the charter as a piece of neither federal nor provincial legislation, but rather as a constitutional instrument that sits above all of the other laws in the country, whether they're passed by federal, provincial, or municipal law-making bodies. From the perspective of the people who are experiencing the law, it makes no difference where the jurisdiction to make that law or to change that law resides.
If the concern of the program is to promote the development of equality law generally, and to empower the communities that are experiencing vulnerability or inequality, then that jurisdictional distinction makes no sense. It seems, for reasons that I mentioned, that when you look at the areas of law that fall under provincial jurisdiction it makes even less sense to separate that out because the areas in which historically disadvantaged groups in Canadian society are most adversely affected is in those areas that fall under provincial legislation.
I would urge members of this committee, and the government in particular, to sidestep the political issue and focus on the purpose. If you're going to bring the program back, give it the teeth it deserves, and make it into something that will be a real instrument for a quality change in the country. It will be something that we can be proud of as a nation if that is indeed something the government wishes to stand behind.
I think you've made my point. Carter is the case that comes to mind most immediately. I attended the annual constitutional cases conference at Osgoode Hall Law School just last Friday, which is a premier event for scholars and practitioners to analyze the year's developments. Again this year, as we've heard over the last several years, section 7 is in a way becoming the new section 15. There are those who say that this is a horrible thing, and there are those who say that this is simply a reality.