Mr. Speaker, what my friend down the way raises is an important issue. We would reserve the right to come back once we have taken a closer look at this particular instance, because we know there have been a number of so-called private members' bills that have been masquerading as such but that in fact have been intentionally driven from the government.
We have another instance at another committee of a similar bill now seeking to expand its scope far beyond what was initially suggested, which then puts the question back to the House.
I am reminded of a rule by which we guide ourselves here in Parliament, which is that we cannot say something indirectly that we cannot say directly. My friend down the way is right in that the rules that apply to private members' bills are somewhat, but very importantly, different from the rules that apply to bills presented by the government, the so-called public bills.
One important aspect that applies to government legislation is that the Minister of Justice is obligated, under section 4.1 of his act, to ensure compliance with the Charter of Rights and Freedoms. Private members' business, legislation presented through private members, does not have to go through a similar test. This is fundamentally important to the piece of legislation we are discussing today, which deals with issues that may come up against the limitations of the Charter of Rights and Freedoms.
For the government to choose to circumvent that very important test, use private members' legislation for an initiative that is inspired by a desire of the government or a minister of any kind, and thereby avoid such a critical test, a legal obligation by the Minister of Justice, is worrisome both in this particular case and in the pattern that the government seems so comfortable in applying.
This is first blush, on consultation with some of our critics who have been dealing with this piece of legislation, but some others have presented this very similar pattern.
If the government is seeking this as an instrument to perform its agenda, it seems to me wanting, because it has every opportunity that it needs to provide legislation through the normal recourse, through any minister coming into the House. However, if legislation is offered to the House that way, the government is obligated to respect the Charter of Rights and Freedoms by ensuring that it has already been tested. That is an obligation. My friends across the way can shake their heads, but it is true and it is written into Canadian law.
If this is the intention, then it is very worrisome. Mr. Speaker, you have moved from one difficult and challenging ruling and perhaps have another before you, because this is an important question. If in this instance private members' business is being abused by the government, it is a problem for the House and in particular for you, Mr. Speaker, to whom we look to protect the rights and privileges of members and to uphold the laws that guide Parliament.