Mr. Speaker, I would like to speak about the point of order raised yesterday by the member for Scarborough—Rouge River concerning the constitutionality of Bill C-505.
First, I would like to show that the constitutionality of a bill is not a procedural issue that comes within the purview of the Speaker of the House. Second, I would like to show that my colleague's arguments about the unconstitutionality of Bill C-505 are not supported by constitutional law.
In the point of order he raised, my colleague mentioned that, unlike government bills, private members' bills do not receive the scrutiny or check of the Department of Justice. This is true. But he neglected to say that private members' bills are assessed for constitutionality by the Subcommittee on Private Members' Business, which declares that bills are non-votable if they do not comply with constitutional law.
However, the subcommittee declared that Bill C-505 is votable. In fact, the member for Scarborough—Rouge River is asking you, Mr. Speaker, to take the subcommittee's place and, given that you cannot declare that this bill is non-votable, to ensure that it is not debated. Mr. Speaker, with all due respect—and you know I have the utmost respect for you—the role of the Speaker of the House is to rule on issues of parliamentary procedure, not legal issues.
Mr. Speaker, I would like to quote from a ruling you gave on May 3, 2007:
The other issues raised in the point of order of the hon. member for Scarborough—Rouge River, while interesting and cogently argued, are related to the substance of the bill and to legal issues arising therefrom and not to procedural considerations. While they may well be of interest to members as they consider this legislative proposal, they are beyond the purview of the Chair.
We think that this is exactly the same situation.
Second, the member for Scarborough—Rouge River is alleging that Bill C-505 is unconstitutional under section 27 of the Canadian Charter of Rights and Freedoms. I will now read section 27 of the charter:
This Charter shall be interpreted in a manner consistent with the preservation and enhancement of the multicultural heritage of Canadians.
Section 27 is very clear. It guides the interpretation of other sections of the Canadian Charter of Rights and Freedoms. In their treatise entitled Droit constitutionnel, “Constitutional law”, Henri Brun and Guy Tremblay explained this section as follows:
Section 27 states that interpretation of the Charter must be consistent with the preservation and enhancement of the multicultural heritage of Canadians.
The Supreme Court of Canada, in Keegstra, 1990, the ruling my colleague quoted from, takes the same view:
Section 27 has therefore been used in a number of judgments of this Court, both as an aid in interpreting the definition of Charter rights and freedoms...and as an element in the s. 1 analysis.
Contrary to what my colleague stated, I would like to clarify that in the Keegstra case, the hate crimes provision in the Criminal Code was upheld because the limitation on freedom of expression that it sets out is justifiable under section 1 of the charter, a section that has been interpreted in light of section 27, which I cited earlier. However, it is false to suggest that the provision was upheld under section 27 itself. As I said, this section guides the interpretation of other sections in the Canadian Charter of Rights and Freedoms. On its own, therefore, it is not enough.
In conclusion, section 27 is an interpretive provision of the charter, and if not considered together with another section of the charter, it does not in itself create law. Consequently, Bill C-505 cannot be unconstitutional under section 27 of the charter.
On a different note, my colleague claims that the Canadian Multiculturalism Act and section 27 of the charter are flip sides of the same constitutional coin and that my real intention in presenting Bill C-505 is to amend the Constitution. I do not intend to expand on this matter since the argument is so weak. If we accept his reasoning, then what about section 3 of the charter, which guarantees the right to vote. Can we claim that the Canada Elections Act is so entwined with the exercise of that right that it is inextricably linked to the Constitution and cannot be amended without amending the Constitution? As we know, a number of bills on this matter are currently being studied by Parliament.
Section 16 of the charter states that English and French are the official languages of Canada. Does the Official Languages Act therefore have a quasi constitutional status?
I could go on, but I think I have made my point.
Bill C-505 proposes to amend a single piece of legislation, the Canadian Multiculturalism Act, not the Constitution Act, 1982, with the aim of exempting Quebec from the application of the multiculturalism policy.
Over a year ago, this House recognized the Quebec nation. The Bloc Québécois now finds that the House must put its words into action and give concrete meaning to that recognition. In fact, Bill C-505 is the second opportunity the Bloc is giving this House to solidify that recognition. It is also the second time we have had to defend the constitutionality of the measures we are proposing.
We can only conclude that although this House has recognized the Quebec nation, a number of parliamentarians sitting here have no problem using the procedural tools available to them to try to prevent votes on the concrete measures that we are proposing in that regard. They want, at all cost, to avoid showing that when it comes to implementing concrete measures, the recognition of the Quebec nation no longer means anything to them.