I'm sorry to be the wet blanket, Madam Chair.
I have one key issue that's come to my attention in relation to Bill C-246, an act to amend the Constitution Act, 1867, on representation in the House of Commons. The issue relates to the amending formula that would apply to the bill.
The Privy Council Office and the justice department are advising that Bill C-246 does not clearly violate the Constitution Act, 1867 or the Constitution Act, 1982 because a credible argument can be made that the bill is the appropriate mechanism to effect the proposed constitutional change.
However, it is very likely that the bill is not constitutional because it engages the principle of proportionate representation of the provinces in the House of Commons and therefore would need to be effected by constitutional amendment under the general amending formula—for example, through proclamation by the Governor General following authorizing resolutions from the Senate, the House of Commons and the legislative assemblies of no fewer than seven provinces representing no less than 50% of Canada's population.
I want to raise these issues or concerns. If this bill should be found votable, it's anticipated that the government members will certainly raise some of these arguments during the debate.