Mr. Speaker, on Thursday last week, Willard Estey, retired Justice of the Supreme Court of Canada, made an appearance before the Senate regarding the Nisga'a treaty. His written brief, which every member of the House should read, was also presented on behalf of retired Supreme Court Justice McIntyre and retired B.C. Supreme Court Justice Goldie.
These pre-eminent experts, whose credentials are impeccable, warned the Senate that the Nisga'a treaty is unconstitutional and illegal. Their brief states, “An independent self-governing nation state will be created within the boundaries of Canada”. The retired justices also stated, “There is good reason to conclude that the Nisga'a agreement contravenes the provisions of the Canadian constitution and accordingly cannot have the force of law”.
The judges call on the Senate to delay ratification of the treaty pending a reference to the Supreme Court of Canada.
The House failed in its duty to uphold the constitution. It remains to be seen whether the Senate has the courage to do what the justices have called on it to do.