Mr. Speaker, I am pleased to participate in today's debate.
First and foremost, when discussing and debating this motion, we have to address the overarching issue which is that the motion is in direct contravention of the Charter of Rights and Freedoms.
Earlier today I asked to have a ruling made before the vote on the motion takes place because it is serious. The Liberal opposition day motion calls upon Parliament to rule on a finding of innocence or guilt on an issue that is currently before the courts. That is not only inappropriate and unprecedented but it is extremely troubling.
The Charter of Rights and Freedoms details in its doctrines the presumption of innocence for all Canadian citizens and that presumption of innocence is being violated today by the very motion that we are debating.
The opposition motion, if approved, would in effect be casting judgment on four individuals and a political party currently before the courts of this land in a dispute with Elections Canada. What right does this chamber have to act as judge and jury in a case that is before the courts of our land? What has become of democracy?
What has become of the respect for the rule of law if Parliament can now usurp the rights of individuals who wish to argue their case, to prove their innocence in a court of law? Why does the House now, apparently, have the right to discuss whether or not these individuals should be found innocent or guilty?
If the House votes in favour of the motion, and if the Speaker rules that the motion is in order, I have grave concerns that the decision today will have major ramifications on Canadians for generations to come. I am not overstating when I say that because how can we allow parliamentarians, who are law-makers, to act as judge and jury in any dispute? It is absolutely critical that the motion be defeated based on that reason.
If the opposition had chosen to rephrase its motion and either chastise the government, or condemn the government, or even bring forward a motion of non-confidence in the government for actions which it felt were inappropriate or perhaps even against the law, that would be acceptable. I would certainly argue against the motion, but I would not take issue with the fact that the opposition had a perfect right to bring forward that material and the motion before this place. But, that is not what the opposition has chosen to do. It is implicit in the motion that four individuals will be found guilty of an offence and that the Conservative Party of Canada will be found guilty of the offence based on the opposition's interpretation.
Regardless of what the courts of this land have to say in the matter, the Liberal opposition suggests that it and Parliament have the right to determine guilt or innocence instead of the courts. We simply cannot allow that to happen under any circumstances.
I mentioned earlier today that we have many lawyers in this place and if they were being honest with themselves and honest to all parliamentarians, they would be the first ones to admit that today's motion may be the start of a very slippery slope when it comes to the interference of parliamentarians with the courts. That is why we have courts of law. That is why we have judges whose job it is to examine evidence, rule on evidence and to ultimately be the arbiters of guilt or innocence in any dispute. It is not the role nor the right of Parliament to make those decisions. We create laws. That is what we are charged with doing. We are not there to interpret or administer the law. That is the role of the courts.
For years the Liberals consistently purported themselves to be the champions of the Charter of Rights and Freedoms. One of the current members of this place, the hon. member for Papineau, has a long family history with the charter because it was his father who introduced the Charter of Rights and Freedoms in Parliament many years ago. Since that time, I can recall in debate after debate the members of the Liberal Party standing in their places and saying they are the defenders of the charter, that it is the only party in Canada that defends the charter vigorously.
Earlier today we heard comments from the member for Beauséjour referring to Conservative members as former Reform and Alliance members who have a complete disregard for the charter. Who has disregard for the charter now? Who has disregard for it when we see a motion from the Liberal opposition that, in effect, suggests we should ignore the charter and the presumption of innocence and simply make a decision based on partisan interests to determine the innocence or guilt of individuals and entities? It is completely unacceptable.
In debate today we have heard members opposite suggest that the Conservative Party was acting independently of Elections Canada and was the only party that has been in contravention of election laws. That is absolutely not true. In fact, there is documented evidence that every party in this place, every member whose party represents constituents and taxpayers, engaged in similar actions for two consecutive elections until Elections Canada came up with a new interpretation of the law. To suggest that the Conservative Party was the only party engaged in this activity is absolutely wrong and misleading.
However, that is not the primary issue. The primary issue is that the motion today is an affront to the Charter of Rights and Freedoms of this land. It should be dismissed and should be defeated. Anything less would be a total affront to democracy.