Mr. Speaker, yesterday, when the member for Scarborough—Rouge River laid out his case with regard to Bill C-505, I think he made all the appropriate references. I think the facts, as I heard them and read them again today, appear to provide a compelling argument.
The other point, as the member for Scarborough—Rouge River pointed out, is that a government bill, prior to going to cabinet, would need to have the imprimatur of the justice department with regard to constitutionality.
With regard to private members' bills, we have a subcommittee on procedure and House affairs and it is, as I understand it, part of its responsibility to opine on votability on a number of criteria, one being constitutionality.
I find it very hard to believe that a subcommittee of procedure and House affairs would have at its beck and call the proper advice and guidance in regard to complex questions about constitutionality. It is a matter where I believe we have put the committee in a situation where it has a responsibility which it has no resources to effectively discharge. There are some complex arguments here with regard to this matter.
If that subcommittee were to take a decision that a particular item was not votable, the mover of that bill would have the opportunity under the Standing Orders to appeal, whether it be through procedure and House affairs or, in fact, directly to the House.
Should another member or the House itself decide that there is some problem with regard to votability or constitutionality and no appeal had been made by the mover, there is no opportunity, other than coming to the House now and suggesting that this issue of constitutionality is an important issue. Every private member's bill has an opportunity to bring forward matters which have the same full force and effect of any other bill that becomes law from a government or in any other fashion that it would come before the House.
My submission to you, Mr. Speaker, would be that the question of constitutionality may, and I would suggest that may is the appropriate word, not have been appropriately assessed at the subcommittee. The matter is so important that other considerations should be taken to ensure that this matter is resolved with the same kind of scrutiny that a government bill would receive prior to being presented to this place.