Mr. Speaker, I would like to thank the opposition leader. I wish I could have congratulated him on two counts—once for the motion he tabled today—but I cannot congratulate him on voting against the Bloc Québécois motion, which was also about language rights. Well, one out of two is better than nothing.
The Bloc Québécois has always been extremely supportive of the court challenges program. My former colleague from Saint-Lambert, Maka Kotto, put forward a motion in the Standing Committee on Canadian Heritage to study the issue. I believe that our official languages critic, the member for Gatineau, together with the member for Acadie—Bathurst, also put forward a motion to clarify that pretty unbelievable decision. Such a lack of awareness is unimaginable. How can anyone be that heartless, apathetic, intolerant and out of touch with the needs of official language minority communities?
Philosopher and writer Paul Valéry said that the greatness of a civilization is measured in its treatment of minorities. This government's record on that score is abysmal. One of the first things it did was abolish a program with a proven track record. In the early 1980s and again in 2003, independent experts—not people from Heritage Canada or the Department of Justice or the Official Languages Secretariat—evaluated the program and found that the cost-benefit ratio, that is, the investment of public dollars relative to the benefit obtained, justified keeping the court challenges program, which, I would note, cost about $5.6 million per year.
Imagine how heartless, how lacking in compassion for minorities one would have to be to cut that program. And then the Prime Minister stands up in this House and says that his government will not introduce unconstitutional legislation. How unworthy of a government leader. That a government leader can be that irresponsible is beyond anyone's comprehension for two reasons.
First, it is not because a government believes that an act is constitutional that it will not be invalidated by the courts. I know that when a Memorandum to Cabinet is presented, the Minister of Justice must sign a legal document indicating that the act in question is constitutional, according to the officers and lawyers of his department. That goes without saying, and it is the same with regulations.
However, as we all know, certain acts have been declared unconstitutional because the legal system evolves. A provision can be interpreted in a certain way in 1993, and in a different way in 2003.
Let us consider, for example, the tobacco regulations. I was a member of the House of Commons when the Minister of Health at the time, the current member for Sudbury, tabled the regulations. Of course, when she was defending the provisions for plain-packaged cigarettes, she thought the regulations were constitutional. However, that did not stop the Supreme Court from invalidating part of the regulations.
Second, part of the role of the court challenges program is to establish test cases that will advance the rights of certain minority groups.
Let me give another example.
I was a member of this House back in 1995. I may have a baby face, but I have been sitting in this House for 14 years. I am one of the deans of the House and have much experience, despite my young age.
Back then, the government refused to recognize civil marriage rights for same-sex couples. I tabled a motion that was ultimately defeated. I remember clearly that Mr. Alfonso Gagliano was government whip back then, and that, in an unprecedented move, he had called a vote on a Monday morning. I have only once voted on a Monday morning, and it was on my motion to recognize civil marriage rights for same-sex common-law partners. All the Liberal ministers refused to show up to vote, all but one who, let it be said, was quite brave in her day. It was Sheila Copps, the member for LaSalle—Émard's good friend.
In 1994, any challenge to a law extending civil marriage rights to same-sex couples would have surely succeeded. Yet, in 2005, the Supreme Court of Canada recognized civil marriage rights for same sex couples.
Therefore, a government cannot maintain that it will never bring in unconstitutional legislation, because one never knows how the law will evolve. Indeed, it is the role of the Supreme Court of Canada, and of provincial courts of appeal, to shape the law. That is why the judicial and the legislative branches must interact, so that new law may emerge and that we may influence each other, while still, of course, respecting the autonomy of the courts and the autonomy of parliamentarians.
Without the court challenges program, some battles fought by communities would not have been possible. When people go to court, hundreds of thousands of dollars may be at stake. In the case of the Montfort Hospital, everyone is aware of the courage displayed by Ms. Lalonde, and everyone remembers that the “very conservative” government of Mike Harris was to Ontario what Jurassic Park was to cinema. We are well aware of the fact that the Mike Harris government wanted to deprive the francophone community of access to health care services in French, and had it not been for the public funding of the Montfort Hospital, that facility would have been closed.
We should remember that some current ministers were member of Mike Harris' cabinet, and I am thinking, among others, of the Minister of the Environment who, as we know, performed very poorly as a minister. The current Minister of Finance was also a member of Mike Harris' government.
As we can see, this despicable right wing conservative party has a score to settle with collective rights, and it does so by targeting a tool that has enabled minorities to make considerable progress. This is beginning to look like a vendetta against the court challenges program. Shame on the government! I hope that minorities will remember this insensitive government, which treats them with contempt.
I mentioned the case of the Montfort Hospital, but I could also give the example of handicapped people. We are well aware that it is not easy to structure public services for handicapped people. This situation has made it necessary to organize court challenges that have allowed these people to see their situation improve.
So, I say shame on the government. May voters ensure that this despicable government never gets a majority. They can count on the Bloc Québécois to see that this never happens.