I am sure the hon. member for Saskatoon—Wanuskewin knows that the Speaker does not make rulings on matters of law; on parliamentary law perhaps, but not on the law of the Constitution or on other laws that affect us. The question of the interpretation of the section of the bill is one that would be determined by a court if the bill in fact becomes law. At the moment, it is a bill before Parliament and Speakers in the past have not ruled on the constitutionality or otherwise of clauses in a bill.
What they may decide is whether the terms of a bill are in compliance with a prior resolution of this House, a ways and means motion, for example, or a royal recommendation in respect of a money bill, but beyond that, Speakers do not intervene in respect of the constitutionality or otherwise of provisions in the bills introduced in this House.
Rulings of courts may chuck out some of the clauses that are adopted by this House in a bill, but that happens after the House has passed it and the Senate has passed it and it has received royal assent, because even the courts have no jurisdiction in the matter before.
The usual ground for ruling an issue unconstitutional is either that it is in breach of the Charter of Rights and Freedoms or that it contravenes the provisions of our Constitution with respect to the division of powers. Those are the normal grounds. It is not for the Speaker to make rulings on those grounds.
I hate to disappoint the hon. member, but I am powerless in the circumstances to assist him. He will have to wait and, if the clause passes, deal with the matter in a court somewhere else.
The hon. opposition House leader is rising on a point of order.