Madam Speaker, as I was indicating, we have a rule of law in this country. Very clearly the law is in effect even in British Columbia. It has been pointed out by other members of the Supreme Court of British Columbia that the ruling of Justice Shaw is not binding on them.
To use section 33 is a very drastic step. It is one that is available. It has only been used twice. It has been used by two provincial governments. In both cases it was after every legal recourse had been exhausted. This is not the case in this situation.
Members of the opposition referred to the fact that some members signed a letter to the Prime Minister urging him to consider the notwithstanding clause or other equivalent effective measures. I would suggest that the Minister of Justice responded very quickly. The government has taken the extraordinary step of intervening in the appeal of the decision of the British Columbia Court of Appeal in order to defend the law, a law which this government believes will be upheld.
Let us make no mistake. The fact is that members of this party urged the Prime Minister to take action. Action has been taken and very swiftly.
This government, and I think everyone in the House, supports the protection of our children. It is absolutely paramount to every member here. There is no monopoly on that issue. It is for that reason the government has decided to act and to act quickly, not to wait if it ever goes to the Supreme Court of Canada, but to take immediate action.
This government believes that the existing law on the possession of child pornography is constitutional. I clearly oppose the decision. It is an abhorrent decision. But I have faith in the rule of law. I do not believe that anyone should be allowed to possess, produce or distribute child pornography. Let us make no mistake.
The fact is there is a process. If governments start to react to court decisions, two things are going to happen. I think the judges are going to be very careful about what they do and we will then question the independence of the judiciary. One judge has made a decision, a decision which we clearly oppose, but there is a process. The Minister of Justice has taken action.
There is no contradiction between the letter which is being brandished about by the opposition and what the government has done. Clearly members on the government benches have asked that action be taken. Action has been taken very quickly. I see no contradiction whatsoever.
We are clearly not giving nor will we give a blank cheque to child pornographers in this country. Therefore the decision to intervene is very important.
Children are our most valuable members of society and we will not tolerate any exploitation. Therefore the legal course of action is the appropriate one. We as parliamentarians write the laws. When this law was passed in 1993, it was passed unanimously by the House of Commons. I have faith that the law which was passed in 1993 will be upheld and it will be upheld by the British Columbia Court of Appeal.
I have no doubt that the action the minister has taken has clearly indicated that this government is prepared to stand behind the law which this parliament enacted. Canadians clearly want to see the government take action. I know from the comments I have heard that Canadians realize that action through the process of the law has been taken.
The rule of law is critical. That is what distinguishes ourselves from other forms of government. We do not have a politicized judiciary in the fact that we cannot simply say this is the decision we want. We have faith in the law of the land. I believe that law will be upheld.
In conclusion, we know clearly that child pornography degrades and victimizes young children. The Parliament of Canada and in fact the Supreme Court of Canada have indicated very clearly that the self-worth and the importance of children in our society is paramount. Therefore the decision by the government is the right one and I will be voting against this motion this evening.