I repeat, Mr. Speaker, my view is that once you get the definition of marriage in law and once you get the definition of same sex couples as being outside marriage in law, that is enough.
The only reason the 19 on this side were not onside with the government and supported the member for Scarborough Southwest was because they are not confident that the lawyers and perhaps even the justice department will cite this clause in Bill C-23 when the issue of defining marriage or defining same sex partnerships comes up. It is sad. It is wrong. It is unfortunate because we should have confidence that the laws we pass will be applied and will be defended adequately in the courts.
I would argue that this is one of the problems we have with the supreme court interpreting the charter. It is not that the supreme court is not doing its job; the real question is whether the interests of parliament are being defended adequately before the supreme court. Unfortunately, Mr. Speaker, those who are defending the interests of parliament are the very people who wrote the laws in the first place and are the very ones who advised the justice minister in the first place.
What I am suggesting is that we have to re-examine the relationship of the justice department in the creation of the laws and the defence of the laws. I think we have to look at this whole issue and I suggest to members opposite that maybe it could be a motion for an opposition day. I cannot do it.