moved for leave to introduce Bill C-269, an act to amend the Supreme Court Act (constitutional validity of any Act).
Mr. Speaker, law-making is the role of Parliament. Unfortunately, since the Charter of Rights and Freedoms was introduced, the courts, particularly the Supreme Court, have taken the role of Parliament in establishing law.
This act would amend the Supreme Court Act that whenever there is a question before the court that deals with constitutionality, the court would be required to take the debates and intent of Parliament into account. It would also amend the act so that unless a decision is unanimous, the constitutional decision would not be a precedent setting decision, and would only apply to the case before the court.
This process would ensure the intent of Parliament is not ignored and would not allow the courts to write their beliefs into law when there is a split decision on the court.
(Motions deemed adopted, bill read the first time and printed)