Mr. Speaker, I have been here throughout the day, listening to the debate, and a couple of things come to my mind right at the beginning. I want to give a bit of a background with respect to why I want to be able to speak to the motion before us, because I have witnessed a lot of things that make me question why people are motivated to speak to the legislation.
I look at the Conservatives, as the official opposition, and they are just as comfortable trying to shift the debate and not talk about the issue. They literally accuse the government of trying to use it as some sort of a diversion strategy to prevent us from being able to deal with the many different things that have been happening since we elected a new Prime Minister not that long ago. I would invite the Conservative Party to bring forward such a motion on its opposition day. Let us talk about and review the last six months since we have had the new Prime Minister.
Then there is the motivation of the Bloc Party. Let us be very clear on this: the Bloc party is a separatist party. It wants to break up Canada. Its motivation is to try to get the government to say, “This is all anti-Quebec; this is all about Bill C-21”, even though the Bloc members know it is just not true. However, it does not stop them from saying that, because they are trying to hype up whoever it is they are trying to garner support for.
The province of Quebec is not the only province that has used the notwithstanding clause. Provinces in every region of our country have used the notwithstanding clause. It has not been every province, but there has been a province in every different region: Atlantic Canada, Ontario, Quebec, the Prairies and B.C.. We could probably even think more in terms of the provinces that have thought about the possibility of bringing it in.
Let us take a look at the history, which is where my motivation comes from. I was a relatively young man of 20 years old when Pierre Elliott Trudeau sat at the table and signed off on the Constitution and the Charter of Rights in 1982. At a very early age, I had a keen interest in getting involved in politics, and I was very proud of my prime minister and the nation of Canada.
At the time, my favourite NHL team was the Montreal Habs. I was also passionate about football, and if the Bombers could not win the Grey Cup, I wanted the Montreal Alouettes to win it. In fact, if we take a look at my biological ancestry, we will find that a few generations ago, my family comes from Saint-Ours, Quebec, three hours from Ottawa in terms of a drive.
When I approach the discussion we are having today, it is not to talk about how one province is being alienated from the federal government. I will not buy into that, because it is a separatist party that is trying to shove that aspect down our throats. I do not buy it.
There is a responsibility for the Government of Canada to deal with the issue because it is coming before the Supreme Court of Canada. That is the reason the Government of Canada has to address the issue, and there is an obligation. If we did not do that, I would suggest we were neglecting our responsibility.
I would be wanting to talk to the Attorney General of Canada, saying that the Charter of Rights and Freedoms is something we believe in as a political entity. The Liberal Party is the party that brought it into being under Pierre Elliott Trudeau.
I am very much aware of the constitutional discussions that took place then, much like I was aware of the constitutional discussions of the Charlottetown Accord and the Meech Lake Accord, because I was an elected member of the Manitoba legislature and understand the dynamics of the power play between the provinces and the federal government. There is nothing new there.
All provinces tend to want to look at ways in which they can represent their constituents on important issues, and we have an important issue. That is why parliamentarians need to express their thoughts on the issue, whether they are from the Manitoba legislature, B.C., Nova Scotia or the province of Quebec. It has an impact on Canadians' rights and freedoms. As a member of Parliament, I have a duty to do so, and I resent the fact that there are members from the Bloc trying to tell me that I do not have a duty to do so.
Bloc members approach the issue through a motivation that ultimately works to the detriment of us as a nation, and that is why it is without reservation whatsoever that I talk about the issue today. I understand and appreciate a multi-faceted or holistic approach in dealing with this critically important issue. Is the timing the best? That is debatable, but at the end of the day, we have a government and a Prime Minister who are solely focused on our economy, Canadians, the environment and trying to bring it all together so we can advance and continue to move straight forward.
However, there are still other responsibilities. That is why we have the different ministries we have. The primary responsibility of the Attorney General of Canada is to protect the Charter of Rights and Freedoms for all Canadians. If not that minister, then who does that? That is his job, and he has to do that. Was I surprised when we heard that there was a factum put before the Supreme Court of Canada? Absolutely not.
It will be interesting to see where the members of the Conservative Party of Canada stand on the issue. Where do they stand? Are they going to be voting with the Bloc, understanding the motivation as to why it brought forward the motion, or are they going to vote in the national interest? The national interest means everyone: young, old, French-speaking, English-speaking or whatever their ethnic background might be. It is all Canadians. We all have that role and responsibility, even members of the Bloc, I must say.
How will the Conservative Party of Canada vote on the motion? Is the coalition between the Bloc and the Conservatives so strong that the Conservatives are going to abandon their responsibilities and vote for the motion? We are going to find out tomorrow. It is going to be very interesting to see where they stand on the issue. I have listened to all the debate on the issue and have witnessed the Conservatives' stepping back and not providing an opinion on how they will vote. My colleagues and I know where we stand: We are going to be voting against the motion, and I hope the Conservative Party will do likewise.
For individuals wanting to get a good appreciation or understanding of the importance of the issue, I did a quick Google search and want to quote something I found from the Government of Canada website. I think it encapsulates why this is such an important debate and why the federal government has a role to play. The Government of Canada website states:
The Charter of Rights and Freedoms...protects basic rights and freedoms that are essential to keeping Canada a free and democratic society. It is a powerful force for progress, protection, and fairness with the power to influence our society by interpreting laws and policies. The Charter ensures that the government, or anyone acting on its behalf, doesn’t take away or interfere with these rights or freedoms in an unreasonable way.
Since 1982, the Charter has been an essential part of Canada’s democracy and it will continue to shape our identity as a nation. The Charter affirms that we are a multicultural society and that it must be read and understood with this in mind.
The debate today is all about section 33, and the website provides a very specific comment about section 33:
Section 33 of the Charter, also called the notwithstanding clause, allows Canada’s Parliament, provincial and territorial legislatures to pass laws that may violate certain Charter rights. A legislature may do this if they clearly state to the public that they are passing a law that violates the Charter and which rights in particular the law infringes. All levels of government must review and re-enact this declaration to Canadians every five years, or the limits are automatically lifted. The federal Parliament has never used the notwithstanding clause.
I am very proud of the fact that the federal government has never used the notwithstanding clause. Even in my time in Parliament, we have had legislation come to the House because the Supreme Court or superior court made a decision. As much as it might offend a lot of parliamentarians, we respect what the Supreme Court or the superior court has said, and it has obligated us to change the law. We have before us today a bill that would do that.
We are not bringing in the notwithstanding clause because, my God, we are taking a hard position on this. No, we are changing and modifying the law so that it still reflects the interests of Canadians and hopefully deals with the concerns of the independent judicial system, our Supreme Court or superior court's decision, which we respect where we can.
A number of provinces have made the decision not to amend a law that was ruled as going against the charter. Instead of bringing in modifications, they have brought in the notwithstanding clause. My friends in the Bloc would say, “That is provincial; let the provinces do whatever they want”, but Liberals recognize the debate is not about Ottawa saying it has control in any fashion whatsoever over the provinces. The Bloc will say that, but it is not the case.
We have a judiciary responsibility to the very same people the provincial governments represent: to ensure that the Canadian Charter of Rights and Freedoms is being respected. This means that part of the charter includes the notwithstanding clause, within which there is a caveat that if a right is being taken away, the law needs to be reviewed and re-enacted every five years. If that is not done within five years, the law needs to be allowed to expire, and the court decision will prevail.
What is being proposed? We are seeing more and more governments consider, with consideration coming even from the Conservative leader, using the notwithstanding clause. In the last election, he talked about using the notwithstanding clause on a crime bill.
This is not something that is focused on any level of government or any provincial government in particular. It is to get clarification from the Supreme Court of Canada and to allow the Supreme Court of Canada to provide an opinion, which, because of its independence, should be respected. That is an admirable thing for us to be doing. I would have much preferred that members opposite, if they were to have an opposition day motion on that, to provide their thoughts on that issue.
My thoughts, to be very clear, are that I am concerned about two aspects of implementing, revoking or using the notwithstanding clause. Number one is that I want a sense of comfort for the people I represent that their rights and freedoms are not going to be unduly infringed upon. I can ensure that by realizing that the sunset clause should not automatically allow for any level of government to say, “We brought in the notwithstanding clause four and a half years ago, and the time clock is coming up, so let us redo it for another five years,” making it an automatic thing. That is disrespectful of what Canadians feel about our freedoms and our rights, which were well-established back in 1982. That is a concern I have, and I know many of my colleagues share that concern. The Federal Court will hopefully take that into some consideration.
Number two is with respect to the other aspect, which I have actually posed questions about. What about using the notwithstanding clause as a pre-emptive measure? That is something that we are starting to see more of. All of us should be concerned about that.
When, for example, we have the leader of the official opposition saying that he does not care what the court system, the Supreme Court of Canada, says because he will use the notwithstanding clause to ensure x, y and z, I believe that is a highly irresponsible approach to governance. I do not think any of us should be supporting that sort of a proclamation, if I may put it that way. Whether it is from a federal leader, a provincial leader or anyone else, I would suggest that is an inappropriate use of the notwithstanding clause.
That is my opinion, based on the many hours of discussions I have had and the studies I have put in over the years, from 1982 to being an MLA back in 1988 for the Meech Lake accord and the debates on the Charlottetown accord during the nineties. I understand the importance of joint responsibility and jurisdictional responsibility. I understand why it is so critically important, with respect to the issues for which we have shared responsibilities, that all of us have a role to play.
However, if we are not here to defend Canada's Charter of Rights and Freedoms, then why are we here? I would like to think that the charter and the Constitution make up who we are as a nation. I believe that there is an obligation for members, and that is why I started off by talking about the motivation factor. People know what my motivation is: It is love of country. I want Canada to continue to be the best country in the world to call home. That is my goal, and that is what motivates me to come in every day.
When it comes to the motivation that I have witnessed today, I do not like what I am seeing, because I am seeing more division trying to be sowed. I see issues that a vast majority of Canadians would not support. That is the reason I felt it was important that I share my thoughts today. I look forward to any questions that might be asked.