Evidence of meeting #63 for Official Languages in the 42nd Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was appointment.

A recording is available from Parliament.

On the agenda

MPs speaking

Also speaking

Sara Wiebe  Acting Assistant Deputy Minister, Policy, Department of Transport
Daniel Blasioli  Senior Counsel, Legal Services, Department of Transport
Daniel Jutras  Professor, As an Individual

12:55 p.m.

Professor, As an Individual

Prof. Daniel Jutras

No. Let's agree on that.

12:55 p.m.

Liberal

René Arseneault Liberal Madawaska—Restigouche, NB

Okay. Thank you, but that's all I wanted to say. I only have two minutes.

12:55 p.m.

Professor, As an Individual

Prof. Daniel Jutras

Listen, if you don't want—

12:55 p.m.

Liberal

René Arseneault Liberal Madawaska—Restigouche, NB

I know, but put yourself in my shoes. Mr. Choquette took all my time.

12:55 p.m.

Professor, As an Individual

Prof. Daniel Jutras

The Court says—you have the paragraph in front of you—

12:55 p.m.

Liberal

René Arseneault Liberal Madawaska—Restigouche, NB

Yes.

1 p.m.

Professor, As an Individual

Prof. Daniel Jutras

Give me two seconds to answer you. “[A]ny substantive change ...”; we aren't talking about any amendment whatsoever.

1 p.m.

Liberal

René Arseneault Liberal Madawaska—Restigouche, NB

It says “to the eligibility requirements for appointment”.

1 p.m.

Professor, As an Individual

Prof. Daniel Jutras

Yes, “those ... requirements”; it relates to sections 4, 5 and 6. Adding something to sections 4, 5 and 6, would be amending them.

1 p.m.

Liberal

René Arseneault Liberal Madawaska—Restigouche, NB

Exactly. I agree with you.

1 p.m.

Professor, As an Individual

1 p.m.

Liberal

René Arseneault Liberal Madawaska—Restigouche, NB

It is very clear, and I appreciate how clearly you've explained your position. You claim that political commitment in this sense is more effective than taking the risk of a court challenge.

Do you think that even the current government's position could be challenged in court? What I mean is requiring an amendment to articles 4, 5 and 6, even in a non-legislative form, only at the request of the government or on an election platform?

1 p.m.

Professor, As an Individual

Prof. Daniel Jutras

It's possible. I don't think it's as solid, as arguments go.

1 p.m.

Liberal

René Arseneault Liberal Madawaska—Restigouche, NB

Why would it be less solid?

1 p.m.

Professor, As an Individual

Prof. Daniel Jutras

Because it's a political statement, which isn't necessarily subject to control by the courts. It's a matter of justiciability.

1 p.m.

Liberal

René Arseneault Liberal Madawaska—Restigouche, NB

However, in practice, it's the same thing for the challenger. I'm a unilingual anglophone or a unilingual francophone. I have the right C.V. and I want to be appointed to the Supreme Court of Canada, but with the commitment or the election platform of the government in place, I can't. So I take issue.

1 p.m.

Professor, As an Individual

1 p.m.

Liberal

René Arseneault Liberal Madawaska—Restigouche, NB

The effect is the same, right?

1 p.m.

Professor, As an Individual

Prof. Daniel Jutras

The short answer is yes.

1 p.m.

Liberal

René Arseneault Liberal Madawaska—Restigouche, NB

Even that is likely to be challenged in court.

1 p.m.

Professor, As an Individual

Prof. Daniel Jutras

That's right.

1 p.m.

Liberal

René Arseneault Liberal Madawaska—Restigouche, NB

Do I have any time left, Mr. Chair?

1 p.m.

Liberal

The Chair Liberal Denis Paradis

No, that's it.

1 p.m.

Liberal

René Arseneault Liberal Madawaska—Restigouche, NB

Thank you very much.

1 p.m.

Liberal

The Chair Liberal Denis Paradis

Mr. Jutras, thank you for the clarity of your brief. It was very timely. I think every member of the committee would agree with me.

Before the meeting ends, I would like to mention to the committee members that I have asked the clerk to add “Committee business” to next Thursday's agenda. We will continue our discussions on Mr. Choquette's motion.