Mr. Speaker, as many of my colleagues on all sides of the House have done, we had taken note of the action of the member opposite at about the time of the referendum.
I want to make two or three points that I think might be helpful to you, Mr. Speaker. First, we have already made an attempt to distinguish the functions of the House of Commons from the functions of the ordinary courts of law. Most of the material facts lying in the background I would have thought would have been disposed of by those public authorities whose job it is to look at these things.
In dealing with the background facts one notes that it is an arguable counselling of a member of the armed forces which has taken place contrary to the National Defence Act. One notes that it is arguably a seditious act which has taken place, being a subversion of the federal sovereignty tending to public disorder or a disorder. It is arguable that that outcome could have occurred.
One fact should be taken note of, and I am responding to the remarks of the House leader of the Bloc Quebecois. It was fairly clear to me as a member of Parliament that in the event there had been a majority yes vote in the province of Quebec, that would not by itself have created the Quebec national sovereignty that has been discussed here. Even in the statute, as I understand it, in the province of Quebec there was a significant material lag time between the result of a referendum and any decision on sovereignty or secession.
The leader of the Bloc Quebecois has attempted to describe what his colleague has done as some kind of a quasi-job creation program for orphaned members of the Canadian Armed Forces. I suggest that as a respectful member I cannot accept that and I respectfully suggest that you, Mr. Speaker, should not either.
I believe there has been a substantial lapse of time involved. In addition to the reasons put forward by the member moving the motion, the House was prorogued for a period of time and adjourned for a period of time. There was also a period of time when the public authorities that I mentioned earlier were looking at this with reference to the Criminal Code and the National Defence Act. They, in their good judgment, have decided not to proceed to deal with those background underlying facts by laying any charges.
At the end of the day you, Mr. Speaker, are being asked to take note of the actions of a member who has used the House of Commons facilities and stationery in taking action which may bring the House into disrepute and may involve the House in some prima facie illegality either in relation to the Criminal Code or to the National Defence Act.
Mr. Speaker, it is not an easy decision for you. I go back to my opening remarks when I said that I tend to believe this is a matter that should be dealt with, for the most part, by the ordinary courts and not by the court of Parliament.