In terms of the committee's ability to review constitutional case law, yes, the committee can do that. Indeed, that is the analysis I did myself before making my presentation to the committee.
I was referring to a Supreme Court decision regarding laws whose effects are too broad. Without mentioning it, I was referring to the Heywood case that came before the Supreme Court, where a number of provisions of the Criminal Code were declared unconstitutional.
The test to be applied by the committee is that an item is “clearly unconstitutional”. So, there is no guide. I would like to be able to say that the subcommittee has already defined what is meant by “clearly unconstitutional”, but the subcommittee has never defined what is meant by “clearly unconstitutional”.
I'm trying to provide more information to the committee to guide you in carrying out your task. The fundamental principle behind the bill is not unconstitutional, in my opinion. Some of the problems I have identified with the bill could be corrected during the legislative process by passing amendments at committee stage or at report stage.
I have actually distributed a document in French and English to members of the subcommittee with the wording of a section of the Canada Elections Act. That section gives voters the right to display election advertising posters during the election period. It is drafted differently from the bill we are currently reviewing, in the sense that it is more restrictive. For example, with respect to condominiums, it mentions the areas that are the exclusive property of the person wanting to display the material. When we're talking about a flag or a poster at a residence, it's obvious that the premises are those owned or rented by the individual. So, the wording is more restrictive.
That is the type of amendment that could benefit Bill C-288.