Mr. Speaker, I was very interested to hear the comments of the previous speaker. When I listened to the arguments he so passionately put forward I was concerned that he was skewing the issue. He was muddying the waters. He was making it confusing for people. I would like to clarify a few points and get his perspective on them.
The particular case we are bringing forward is just a representative case. There are many others. I have a list of them: the Feeney case, Delgamuukw, Eldridge, five or six different cases I could go into details on. However this case is a good illustrative example because the courts have added words to the law in place that was approved by the House. The court actually read in or added words. The hon. member knows how much work goes into determining the exact wording of every piece of legislation that comes through the House. We are concerned about the reading in or addition of words.
I was confused when I listened to the member opposite. I compared what he had to say to what I heard from other members of his party say, in fact some of the leaders of his party. In the last parliament, for example, the justice minister of the party he is from said that we should not rely on the courts to make public policy in matters of this kind, that it is up to legislators and we should have the courage to do it.
I fully endorse that statement as I think all Canadians do. That same justice minister went on to say that the court should not make policy or rewrite statutes, that it was the role of parliament.
What happened in this case was that the court rewrote. It added words. It is not a matter of interpretation or application. It is a matter of writing legislation in the courts. Their own minister clearly said the courts should not do it. Yet I sit here incredulously listening to the member across the way telling us that this is what the courts should be doing. I ask him to please clarify.