Mr. Speaker, you have already heard eloquent arguments about whether this bill really constitutes a tax or a levy and I do not intend to repeat them. However, I do intend to highlight another aspect of this process as it concerns your involvement as Speaker of the House.
Mr. Speaker, asking you to rule this bill a tax bill and therefore out of order is asking you to contradict the stated intentions of the bill. The bill states that it is proposing a levy, not a tax. The bill states that the levy is for publicly stated industry purposes and objectives. The bill states that these funds will not flow into the consolidated revenue fund. As articulated by my colleague from Lac-Saint-Louis, this bill clearly states and proves that it will impose a levy, not a tax.
Mr. Speaker, with the greatest respect, it is not your role to impugn motives other than those stated in the bill. You are in effect being asked to speculate about the possible impact this bill will have in law. You are being asked to provide both a legal and a constitutional decision.
I know you are familiar with Beauchesne's, but for the record I repeat citation 168(5) at page 49 of Beauchesne's 6th edition:
The Speaker will not give a decision upon a constitutional question nor decide a question of law, though the same may be raised on a point of order or privilege.
It is the role of the courts to make this determination, not the role of the Speaker.
Mr. Speaker, your role, as you well know, is to guard the privilege to debate and speak freely on virtually every issue. In the absence of any compelling reason proving that this bill is procedurally unacceptable, your duty is to allow the debate to continue and to allow us, the members of this place, to make an appropriate determination on the merits of the bill.
In closing, I would like to say that it is unfortunate that such a worthy initiative is being caught up in procedural wrangling, particularly when there appears to be broad multi-party support for the goal of this bill, which is to protect the health of our young people.
Mr. Speaker, you have a bill with stated intentions. You must apply the rules, not interpret the law or impugn other motives.