Madam Speaker, the member makes a good point. Even though clause 3 in its entirety is unconstitutional, if the government had any consistency, it should have taken that preamble clause and placed it into the substance so it would be in clause 3. That would protect the freedom of conscience and religion to some extent.
There is still the caveat that if we protect freedom of conscience and religion to the extent that it is guaranteed by the Charter of Rights, there is a ceiling to that right beyond which it is not protected. That conscience, religion and expression is then subject to attack by the courts and human rights tribunals. However, with regard to the point the member makes about protecting the conscience aspect, that preamble clause should have been put into clause 3. Clause 3 itself in its entirety is unconstitutional.