That's a sensitive issue.
The fact that there's a disagreement between these two constitutional experts—which I respect very much—and I suggest that a challenge would inevitably be brought before the courts, because it is not an issue that has been decided.
I must admit that I am extremely surprised that Benoît Pelletier is 100% certain that this doesn't require a constitutional amendment. I understand Sébastien Grammond's argument a little differently. I think his analysis is a little more nuanced, and he suggested to you that a reference to the Supreme Court could be a way of testing this issue.
So the short answer to your question is that, in my opinion, the statement you referred to is in the judgment in Nadon, in the reference. As it does whenever there is a reference, the Court has said that it does not rule beyond the question put to it.
The Court has also provided extremely clear language that ties the composition of the Court—one of the elements on which a constitutional amendment is required—to the conditions of eligibility for appointment to the Supreme Court.
We can't ignore the language completely and say that it is not written. We must give meaning to what is written. This is what Sébastien Grammond does. I think he has told you that you have to read that in the specific context of the reference and that this is therefore about the conditions that affect Quebec and the representation of Quebec judges in the Supreme Court. However, even Sébastien Grammond goes a step further by saying that there may be other conditions of appointment that are essential to the functioning of the Supreme Court.
So I ask you the opposite question. Let's say that we're adding conditions for appointments, and that we require, for instance, that there be at all times among the nine judges of the Supreme Court an Aboriginal judge and two minority judges representing the cultural communities and visible minorities in Canada. I'm absolutely convinced that an exercise like this would require an amendment to the Constitution, which affects the composition of the Court.
That's my answer. It's a difficult question.