Mr. Speaker, once again, our friends across the way are debating whether our criminal justice system is properly managed.
Once again, they are complaining in veiled terms about a judicial decision, which, in their opinion, undermines the credibility of this justice system. Once again, they are arguing that the courts are exceeding their legitimate role. Once again, they are calling for strong action by Parliament.
It is easy to understand why some of my fellow citizens would have such a knee-jerk and emotionally driven reaction. It is however much more difficult to accept this kind of reaction from experienced parliamentarians. Is it our role to jump every time a judicial decision is made? Should we not be reviewing the facts much more dispassionately and reasonably? Have we not learned that a judgement at first instance can be appealed?
I believe it is important to participate in the debate proposed to us, but the reaction must be measured and must be based on the law and the basic values by which we are governed, not on the rawest emotions. We must rise above primal reaction and consider this issue in its context. However well intentioned the motives may be, it is more damaging than the very decision it decries.
It is obviously not my intention to discuss the judgment rendered in this case. Not only would this be inappropriate but also it is under appeal. The Attorney General of Canada will intervene in support of the validity of the provisions and thus the legitimacy will be tested before the appellate court. This is the procedure that is followed in a constitutional state or a country based on the rule of law.
The main purpose of my statement is to guard against the highly emotional reaction to a decision rendered in the first instance. I believe that matters should be placed in perspective and that we should let Canadians know that their justice system is operating based on sound principles. That is not our parliamentary role.
If recourse was taken under the notwithstanding clause every time a court trial division came to a conclusion which opposed the government of the day either on moral, legal or political grounds, unfortunately it would be almost a daily occurrence. It would also be a politicization of our justice. It would be denying justice, not contributing to it.
The charter of rights and freedoms is a legal instrument we have given ourselves to guarantee the fundamental rights and freedoms of everyone. This is an instrument we are proud of, and rightly so. It represents our core values. We have established institutions to deal with and settle conflicts of interpretation, for instance, when a conflict arises with respect to a piece of legislation.
I do not know whether the Sharpe decision is well founded in law. It will be up to the higher courts to decide. I do know, however, that we have a legal system in this country under which decisions can be reviewed. There is no call to push the panic button when a trial division judge hands down a ruling, whatever that ruling may be.
Our criminal justice system has its own checks and balances which assure us, to the extent humanly possible, that the best decisions will be rendered. A court decision that poses a problem can be appealed. Appeals are heard every day in the country. I believe it would be particularly inappropriate of me to suggest that a legislative response is needed every time a court decision is rendered. The system works.
I would also like to indicate that I am sharing my time. There is no need to go on at any length about the despicable nature of child pornography. I am certainly no defender of such material. The immense majority of Canadians fully support our resolve to prohibit objects or materials that can harm the community and individuals. Child pornography is intolerable because it harms what is dearest to us, our children.
However, we do not have the right for demagogic purposes to leave the impression that pornographers now have free rein. For one thing the decision is under appeal. Moreover, some have already lost sight of the fact that possession of such materials for the purpose of distribution is prohibited and that the constitutional validity of this prohibition is not in doubt. However that is not the issue.
Parliament has a vital role to play in determining what should and should not be prohibited. Its role is paramount. No one is saying otherwise. There are limitations in place, however, to ensure the protection of certain fundamental rights and freedoms. The courts can help us by determining how this goal can be achieved with the least disruption to other fundamental freedoms. There must be dialogue between Parliament and the courts.
Some court decisions may sometimes strike us as wrong. The first step is for the superior courts to review these decisions and, if necessary, take corrective action.
An immediate and ill-considered reaction by Parliament along the lines of the motion being proposed is nothing less than counterproductive. Let us remember that invoking section 33 of the charter implies that we think that the action taken is not reasonable in a free and democratic society. Is this really what we wish to do? Is this the message we want to send? Should we not give the appeal courts a chance to do their job and see if the decision will be overturned?
I know that today's debate is the result of outrage in certain sectors at what some see as an unjust decision. I do not believe that we have the right to shamelessly exploit this outrage.
I, for one, believe strongly that the justice system must be allowed to review these rulings in the usual manner. I understand people's outrage, but I do not share it.