Thank you, Mr. Chair.
Legal experts and civil liberty groups from across Canada have raised strong concerns about the implications of clause 46. That includes the Canadian Civil Liberties Association, the David Asper Centre for Constitutional Rights, the Criminal Lawyers' Association of Ontario, Barreau du Québec, the Women's Legal Education and Action Fund, and the Canadian Bar Association. This clause would violate the Supreme Court decision in Regina v. Rahey, which clearly determined that a stay is the minimum remedy for a section 11(b) charter violation.
As currently drafted, Bill C-16 sets a precedent where the government can decide what the remedy is for a charter violation and overrule a Supreme Court of Canada decision in doing so. This is a threat to our Constitution and to our democracy, where the government itself dictates the consequences, if any, for its violations of charter rights. The most recent comprehensive parliamentary study on trial delay in Canada, the 2017 report by the Standing Senate Committee on Legal and Constitutional Affairs, explicitly recommended that the Minister of Justice seek a reference from the Supreme Court on any proposed changes to the remedy for section 11(b) to ensure that they would be constitutional, which is what this amendment would require of the minister.
If the government is confident that this legislation is constitutionally valid, it should have no problem accepting this NDP amendment to Bill C-16.