Mr. Speaker, it is quite simple. When there is a decision of a higher court—and this is the B.C. supreme court—all lower courts in that province are compelled to follow it. The provincial court judge in the second case had absolutely no choice. He had to follow the higher court's decision unless it could be distinguished some other way. In this case it could not be. It was a very recent decision.
In the rest of Canada this case can be used as persuasive. I agree it is not compelled but lawyers use them as persuasive evidence. Under section 163 a person can be prosecuted either in provincial court on a summary conviction or on an indictable offence and can go to the supreme court. Even indictable offences are prosecuted in provincial court. The person who is charged has an election when he is charged. Under this criminal offence he can decide that he wants to elect a provincial court judge, a supreme court judge or a supreme court judge and jury. The accused can make that election.
Every one who is accused will elect a provincial court judge. Why? It is because they are compelled to follow the B.C. supreme court decision. It can be used persuasively in the rest of the courts and it can still run its process. We are not arguing that. It should be appealed but that is why she is wrong.
British Columbian children are not protected at all until this decision is looked after.