Mr. Speaker, I have just a couple of brief words about the group of motions we are now considering, Group No. 4, which deals with Motions 20 and 23.
With respect to Motion No. 20, the purpose of this motion is to clarify that the minister of the day essentially carries the burden of proof under this legislation in both the ministerial review process and the review by the tribunal that is proposed under this legislation, the burden of proof that the person named in the notice of the violation in fact committed the violation.
That is how I understand the meaning and intent of the member for Kindersley-Lloydminister in putting forward this motion. I can say without any shadow of a doubt that if I have understood his meaning correctly, that is precisely what the intention of the government is in the wording that is presently proposed in this provision in Bill C-61.
Again in the spirit of co-operation that we demonstrated earlier today in other clauses of this bill, if it is the view of hon. members that inserting the wording proposed in Motion No. 20 clarifies this point, makes it more certain, more definite, I certainly have no objection to accepting this proposed amendment. It is completely consistent with the government's intention in the first place.
I suppose legal scholars and draftsmen could have some interesting discussions about how pretty the language is. Those superficial arguments notwithstanding, the meaning and intent on both sides of the House on this point are absolutely consistent. I have no problem with the amendment the hon. gentleman has put forward.
With respect to Motion No. 23, I do have a problem with this amendment. The manner of appointment for members of the review tribunal by the governor in council that is set out in the version of Bill C-61 that we have before us at the present time follows a well established practice. It is a practice that has been endorsed in this country by the courts of law, assuring the independence of the tribunal from outside interference.
The bill requires very clearly already, without the amendment that is proposed in Motion No. 23, that members of the tribunal have the necessary technical qualification related to the area of agriculture and agri-food and are not in any position of conflict of interest relative to any matters that may come before them for adjudication. In addition, specifically, no member of the tribunal may be employed in the Public Service of Canada.
Those provisions that are already in Bill C-61 adequately cover the point that has been raised by my hon. friend in his Motion No. 23. Therefore I think Motion No. 23 is unnecessary. It could, depending upon legal interpretation, add some uncertainties to a situation, which I am sure my hon. friend does not intend. I presume his intention is to make things more certain and not less certain. With the greatest of respect, we would be better off, in connection to the subject matter to which Motion No. 23 pertains, to leave the draft language as it stands now and reject Motion No. 23. The substance of Motion No. 23 is already otherwise covered in the legislation.