Mr. Speaker, the member for Esquimalt-Juan de Fuca observed in his reference to the Supreme Court of Canada that our judicial system now has more powers, now makes laws. He seemed to blame the charter of rights and freedoms and he claimed the public does not know about this. I submit that those observations are wrong.
The Supreme Court of Canada never makes laws. We know that and we have a duty to tell the citizens of the country that the supreme court does not make laws. The members of the Reform Party are laughing at this. They seem not to appreciate that the charter of rights and freedoms is a fundamental part of the Canadian Constitution, the supreme law of the land.
When the Supreme Court of Canada interprets the laws passed by parliaments or any other legislative body in the country, the Supreme Court of Canada has a duty and obligation to have the laws tested in light of the charter of rights and freedoms, the supreme law of the land. In this respect the court does not make new laws; it only interprets them to ensure that laws passed by Parliament do not contravene the fundamental law of the land.
The Canadian judicial system has received international acclaim and distinction for its independence, integrity, talent and creativity. It is creativity we see when the Supreme Court of Canada makes the ultimate interpretation when there is a potential conflict between laws passed by Parliament and the charter of rights and freedoms. When an interpretation is made and we happen to disagree with it, let us not conclude that the court has made laws. We have to re-examine ourselves as lawmakers to ensure the laws we pass can withstand the test of the supreme law of the land.