Mr. Speaker, the member is correct. The Minister of Justice in his role as the Attorney General of Canada must certify that every bill that comes before the House meets charter challenges. He may have done so in this case.
I suggest that in view of the growing evidence and growing concern by many judicial minds and many professors that the “three strikes and you're out” provisions, the reverse onus provisions of this bill, do in fact violate our Constitution and our Charter of Rights and Freedoms.
My concern is that if in fact the bill does pass the House with these flaws that there will be court challenges costing time and money, and costing delay in other cases going forward until there is a final determination of whether it is or is not constitutional.
I am suggesting that because of the concern about this that we should have a reference to the Supreme Court of Canada before the law comes into effect. I say this with all due respect to our Attorney General. I doubt his position, but I am not the final arbiter. That would finally determine it and we could proceed one way or the other based on that determination. It would be much more prudent to do it that way.