Mr. Speaker, it is an interesting and important question that my friend has asked, but it is important for him to acknowledge that democratic accountability does not preclude the exercise of real power by adjudicative bodies that are not themselves democratic. We do not elect judges, and I do not think that the NDP members support, or have ever supported, the idea of electing judges. That is because they appreciate the fact that democracy takes place in terms of setting law in place. Typically in a rule of law society, there is the adjudication of individual claims that takes place underneath that legal framework, and that adjudication takes place in a context that is more independent.
My point is that there is a continuity between that process as it happens in the context of domestic law and these investor-state type of provisions. You have an adjudication of commitments that have been made by democratic governments, and have been ratified, passed, and supported by democratic legislatures. We have made the commitment, but the enforcement of those commitments is done through independent adjudicative bodies. The member might not like that in this case, but I think he would have to acknowledge that it is consistent with how rule of law systems practise these kinds of things across the board.