Madam Speaker, I wish to speak on behalf of my party to the Reform Party motion so that our party's position is again made clear, as it was this morning by the member for Berthier—Montcalm, our justice critic.
The Bloc Quebecois intends to vote against the amendment moved by the Reform Party because it does not think it appropriate to immediately invoke the notwithstanding clause of the Canadian Charter of Rights and Freedoms, although this clause can, on occasion and in the proper circumstances, provide Parliament with a means of giving the views of lawmakers precedence over those of judges. But, in the present circumstances, we do not think it appropriate to invoke this clause right away, because the matter is before the courts and it is up to them to pursue the process set in motion by the complainant in this affair.
I have examined the decision handed down on January 13 by Mr. Justice Shaw. It is clear from this decision that the judge thinks the Criminal Code, specifically subsection 163.1(4) is contrary to the Constitution of Canada and that it violates certain of the Constitution's provisions and certain fundamental freedoms. Having considered the arguments, the judge goes on to say that this provision is justified in a free and democratic society.
This is where the Bloc Quebecois parts company with the judge and, through the voice of its members who will support the motion after voting against the amendment, wishes to make known to this judge and to other judges who will be asked to rule on this matter, because this case will be appealed, probably to the Supreme Court, that elected officials consider this provision unreasonable and feel that, in a free and democratic society, the government must oppose child pornography. It must adopt measures to discourage this practice and to prohibit the wholesale distribution of child pornography, which is harmful to children and violates their most fundamental rights.
It is for this reason that the Bloc Quebecois will vote in favour. It wants to send a message to the public and to the judges who will have to again decide this matter, so that they may consider that, in a free and democratic society, a government and a Parliament are justified in wishing to restrict basic freedoms where pornography is concerned, particularly child pornography.
Other alternative measures have been presented, in particular the one suggested by the hon. member for Pictou—Antigonish—Guysborough and his colleagues, that a reference to the supreme court be made by the federal government under the Supreme Court Act and the Criminal Code. Such a procedure would make it possible to speed up the debate and would allow the courts to reach a decision more quickly, and ought not, moreover, to be excluded from the hypotheses considered by the Minister of Justice.
For the moment, however, having spoken to certain people, certain criminal law specialists who are of the opinion that the integrity of the Canadian criminal justice system might be put in jeopardy if there were immediate recourse to the notwithstanding clause, and having considered these opinions, it is certainly worthwhile for the judges and the public to understand that, in the present circumstances, the Bloc Quebecois considers it inappropriate to make use of the notwithstanding clause, as the Reform members wish to do. Instead, a certain degree of patience is required, allowing the legal process to take its course.
In conclusion, to repeat the position taken this morning by the hon. member for Berthier—Montcalm, our justice critic, the Bloc Quebecois will be voting in favour of this motion, because it represents a means of sending a clear message that this judgment and the position taken by Mr. Justice Shaw do not appear to be in line with our party's views of what is reasonable in a free and democratic society. Also, as for the amendment, we will be voting against it.