Mr. Speaker, I want to thank my hon. colleague for his address on Bill C-27.
We have discussed a number of issues related to crime over the last two or three weeks and we are going to be addressing more. We have some difficulty with possible charter challenges in some areas of legislation. The hon. member for Esquimalt-Juan de Fuca mentioned this in his address on Bill C-27.
We had this type of discussion when we touched on Bill C-45. We wanted the complete elimination of section 745 of the Criminal Code which allowed first degree murderers an opportunity for reduction of their parole ineligibility after serving just 15 years. We were told that it would be contrary to the charter of rights to make the law retroactive. That involved some of the contents of Bill C-45 as well. It could not be made retroactive. Why? Because it would be a violation of the charter of rights.
Well, when the charter was introduced, a safeguard went along with it. That safeguard has never been used by the federal government, but it has been used a couple of times by a couple of the provinces.
The charter of rights and freedoms is being interpreted in such a way that it strikes down laws passed by the representatives of the people and which are in the best interests of the people. I wonder if my colleague has thought about the lack of courage or intestinal fortitude on the part of the government since the enactment of the charter of rights and freedoms. The safeguard could be used that would say to the people of Canada that in spite of what nine men and women in the supreme court might say, or anyone sitting on the bench at any level might say, how they are going to interpret the laws passed by this House.
Is it in the best interests of the people of Canada? Are they going to strike down those laws and deny the people the benefit that would flow from those laws because of their interpretation of those rights?
What is the hon. member's opinion or feeling about using the safeguard that was placed there for governments to use? That kind of thing has happened over and over again. It is being used by the government to justify not moving adequately and properly against section 745 of the Criminal Code that allows first degree murderers an opportunity, after serving just 15 years, at early parole.