Mr. Speaker, I agree that probably a big majority of Canadians are quite fond of the Charter of Rights and the principle of it, and it is certainly supported across the land. I support those principles.
I was also pleased that the 20 people or so who put this document together were wise enough to remember that there could be times when the public values, and the public in general, could be in conflict with the decisions that the courts made based on the charter. Recognizing that possibility, they put in section 33, the notwithstanding clause.
If I have heard it once, I have heard it a hundred times, and strongly from that side, that it was deplorable to even think about using section 33 in regard to the charter. However the public has risen up and tabled thousands of signatures begging Parliament to literally put an end to child pornography, to close the loopholes. They are demanding this and asking for it. However the courts make a decisions that leave the loopholes. Obviously the government is not going to change the law because it has not done it with Bill C-20. In its feeble attempt, it left “public good” in legislation as another loophole.
When do we use section 33? Should it never be used? Members of the Liberal party said that today. It will be quoted in Hansard over and over. When are we going to recognize, that yes in a judicial sense the Supreme Court is the highest court of the system, but Parliament is the highest court of the land and it is run by the people of Canada, not by me, not by that member or by you, Mr. Speaker. It is run by those who elected us.
They are demanding, and there is no doubt about it, that the safety of our children be top priority and that child pornography be stamped out . Why is the government so reluctant to do that? Why does it to continue to hide under the decisions of the court and under the idea that there could be some artistic merit or public good, or whatever, to child pornography? It just does not make sense.
I would think that the member has relatives, children of some kind, in his household. Does he not believe that our most elemental duty is to make every effort possible and to make absolutely certain that we do our utmost to protect the little ones in the land? What is wrong with that? I think there is nothing wrong with that and the public thinks there is nothing wrong with that. However I can guarantee, based on what I have heard throughout the day, the government will not even consider clause 33. It seems to be very reluctant to go against any decisions that the courts make. Why?