Mr. Speaker, if the deputy House leader for the government were to table an amendment, we would certainly consider it. However what Mr. Harper and two of my colleagues were referring to was the responsibility of the House in the first John Robin Sharpe decision. It should have invoked the notwithstanding clause.
We have a responsibility above all to protect kids. One thing that is often forgotten about the invocation of section 33 of the charter is that the invocation of the notwithstanding clause is a temporary measure. The current child pornography laws were hastily written prior to a federal election campaign. When laws are hastily written and enacted there are flaws in the legislation which are exploited by people like John Robin Sharpe and upheld by the courts. It sends a signal to us that we must change the law because the intent of the law is not being enforced in practice.
The invocation of the notwithstanding clause is an attempt to say that we understand that there is a flaw in the legislation. While we repair this legislation so that it is fully constitutional and applies to the full spirit not only of the letter of the law of the charter but that the intent of protecting kids is enacted into law, and notwithstanding the unconstitutionality of the law, we will continue to protect kids.
We argued for that. That is what Stephen Harper argued for and will continue to argue when he comes into this House. Unfortunately the Liberals did not agree with it.