Mr. Speaker, the issue put forward by the hon. member is one that is not amenable to easy debate.
The reason we give discretion to our judges in dispute resolution or resolving issues is because we the lawmakers are unable to organize, set out and nail down with precision how every dispute should be resolved. It is simply impossible for the House to sit in judgment and settle disputes between citizens as the Lord Chancellor of the Exchequer used to do for the king or as the king himself used to do centuries ago.
Judges are sometimes uncomfortable if the laws do not set out a proper framework. I have often read judgments where judges point out that the area they are dealing with is one that should be addressed by legislators and structured a bit better to give better direction to judges and those who are organizing their affairs.
On the one hand we have a group in society which suggests that judges have too much discretion, too much power, which, being unelected, they should not have. There are others, and I think I am in the second group, who say that if there is too much discretion, if we fail to structure it properly in our laws, then it is our job to make sure we do it right. That is an ongoing process in society and I think we are doing reasonably well in this parliament.