I will begin by answering the question with an example, even though I don't have to do it, as I think that we make a good team around the table. If, let's say in 2023, the Conservatives took power, would we easily accept a Conservative being appointed to such an important position? I am not saying that we would like that. I am not saying that politicians would not get involved to apply pressure and attract media attention. That is not impossible to do; everyone would do it because that is how the system works.
However, the question is not about determining whether the only reason someone is appointed to an important position is the fact that they are close to the political party in power—a Conservative appointed by the Conservatives, a Liberal by the Liberals, and so on. In my opinion, it is rather about knowing whether the individual is simply qualified.
We shouldn't forget that notion of qualifications, on which we all actually agree. An appointment process takes place and we have no control over it. Out of the 72 candidates, only one has been selected. That is my answer to your question, since I am not afraid to give this kind of an answer.
I want to come back to the idea of an exclusion clause. I am not saying that it's not credible or illegitimate. However, what you are telling me is that anyone who has participated in the most important activity in Canada—the maintenance of democracy through politics—must be excluded from such a process. Political parties are supported by riding associations, which must be funded through specific statutes. That is how we have been able to build this beautiful country of Canada, which is second to none.
We should not demonize Canada's democratic process, which is based on political parties, riding associations whose funding is legislated by specific statutes and an electoral system like the one we have in place. That is how our country works. Without such foundations, the situation in Canada would be worse.
Let's avoid demonizing an individual to the point of excluding them from a position because they are affiliated with a particular political party. I am not saying that there may not be any appearance of a conflict of interest. In law, we must often break down the circumstances leading to an apparent conflict of interest. Regarding that concept, let's ask ourselves the following question: how come there is no place that has adopted legislative measures whereby certain categories of individuals are excluded from the appointment process for the Commissioner of Official Languages? That is exactly what is being said—that any candidate who has been involved in politics in their career should be excluded. Anyone who has been involved in politics or has contributed to the government party could not, therefore, aspire to any high-level position.
Excuse me, Mrs. Boucher, but that is what you are telling me. It is my turn to express myself and that is how I understand it, although it is possible that I have misunderstood your comments.
I am not saying that the question in not valid. Should an individual be excluded from an appointment process for high-level positions because they helped sustain democracy in our country, were affiliated with a political party, or were even politically active for 13 years in the province of Ontario as minister? That is the ultimate question, which is valid. As a democratic country, perhaps we should explore it further.
However, when we take a concrete look at the appointment process for the Commissioner of Official Languages position and the coming into force of their mandate, under the Official Languages Act of Canada, I feel that it is unfair for an individual—Ms. Meilleur or anyone who has been actively involved in politics during their lives—to be excluded from that position. We can always be outraged for reasons that are valid or not over affiliations with a political party, but nothing helps us justify an exclusion that specifically focuses on people who have helped maintain democracy in our country or our provinces.
At the risk of repeating myself, I am not saying that the question you asked, Mr. Généreux, is not valid. However, I think that we should sincerely ask ourselves this question across the country, from coast to coast to coast. Is that really what we want? If so, why don't we have bills that are likely to reassure the majority of people? The real question is whether we should exclude from any high-level position anyone who has been actively involved in politics or has participated in the democratic process by contributing to a political party.
I want to come back to subsections 49(1) and 49(2). As a member of the Standing Committee on Official Languages, I cannot see how I could do anything in that process. I am wondering how meeting with the aforementioned individuals, as Mr. Choquette proposes in his motion, could help this committee better understand the appointment process. As a permanent member of the committee, I do not need to understand it. I have nothing to say about that process, aside from the fact that it is predetermined. We were not there when the process was established based on the legislation and the government that were in place.
Ultimately, subsections 49(1) and 49(2) will be used to decide who the next commissioner will be and how their term will end.
To answer Mr. Choquette, when Ms. Meilleur testified and Mr. Mulcair asked her what would happen if she had to recuse herself, she was put on the spot. Like all of us, she is a human being. Subsection 49(4) answers that question. A person can, on an interim basis, leave their position, which must be filled by the Governor in Council.