Mr. Speaker, 1998 is the 150th anniversary of responsible government in Canada. In 1848 Messrs Baldwin and Lafontaine told the governor general of that time that now the Parliament of Canada and the people of Canada would be responsible for their government, not a foreign monarchy.
Therein lies the doctrine of the supremacy of Parliament, the ultimate creator of law in this country. Two developments have eroded that doctrine and will, if unchallenged, deform the notion that Parliament is supreme. The first is party politics, the second charter phobia. The discipline of party politics grants to the winning party the right to govern. In most instances it works with an informed opposition.
In 1982 Parliament gave the courts the right to review legislation pursuant to the charter. This has the unfortunate consequence of parliamentary deferral to courts where deferral should not necessarily occur. A lawsuit is a very crude instrument. There is a winner and there is a loser. There is a limited view of the issue.
There is no ability to nuance the issue like a legislative instrument. The year 1998 should be the year that parliament reviews that doctrine.