Thank you, Madam Chair.
Actually, that's kind of a shocking and troubling development. Should this legislation pass, it would be a big mistake, based on the testimony we heard around parents and around teachers in particular. Even the Liberals' own witnesses came to this committee and said that removing this section will put teachers at risk, and by extension will put students at risk, because of teachers then being told by their superiors not to intervene in any physical conflicts that are happening between students who are being unruly in the classroom. The advice that we heard would be given to teachers by their administration and by their unions would be not to intervene at all without the protection of this section.
Those are not my words. Those are the words of witnesses, some of whom were Liberal witnesses.
The way this works is that should this bill pass this committee, pass the House and then pass the Senate, it would become law, irrespective of what Minister Virani has said he would do. It's quite unprecedented to say, “Don't worry about passing that law, because at some point”—a point that I'm certainly not privy to, and I don't know if anyone on this side of the table is privy to—“we're going to fix the mess that passing this bill would create.”
What we've heard here today is that even Minister Virani acknowledges that it would be a mistake to have the law in Canada be such that section 43 does not exist without any of the protections that are needed for parents and teachers. Minister Virani has apparently given assurances that at some point he's going to bring in legislation. If that legislation should not pass before this bill, then this bill will stand alone. Section 43 will have been struck down. Parents and teachers will no longer have the protections afforded by it.
Contrary to the notion that we might somehow feel comforted by this news, I'm actually quite alarmed by it. It means that Minister Virani's advice from his department is that passing this legislation would leave gaps in the law and put teachers at risk. Otherwise, why on earth would he commit to legislation to address teachers' concerns? The time to do that is now. There's government legislation. There are private members' bills. A private member's bill has the same effect as government legislation. Once it's passed, it is the law. It makes no difference whether a private member's bill amends the Criminal Code or whether government legislation amends the Criminal Code. If the Criminal Code is amended by this Parliament, then that is the law of the land.
I think hearing what Mr. Maloney just said reinforces my position. I've heard from Mr. Fortin on his motion. I'm unable to support his motion, because as the chair said, should his motion pass, then our Conservative motion could not be dealt with.
I don't want to get ahead of myself, but I'll just briefly state why I prefer our Conservative motion to Mr. Fortin's. Our motion re-establishes in the code what the law is today, following a leading Supreme Court of Canada decision that considered section 43, upheld it constitutionally and defined section 43—what it means and what it does not mean. We heard really outrageous illustrations and examples by the proponent of this bill, and from some witnesses, about a paddle being used and about a student being punched in the face. Anyone who's taken the time to read the Supreme Court decision from 20 years ago would know that those actions are absolutely not protected by section 43 today. Section 43 has been narrowed and defined by the Supreme Court. The Conservative amendment would put into the code the language that the Supreme Court used.
I prefer our amendment. I think our amendment is more robust. Our amendment is certainly constitutional, because the very language of our amendment has been upheld by the Supreme Court of Canada.
I prefer our amendment. Therefore, I have to vote against Mr. Fortin's, but we'll get to that if we get to it.
Thank you, Madam Chair.