Mr. Speaker, I am pleased to speak briefly to Bill S-5, notwithstanding my displeasure with the fact that the bill originated in the Senate, an issue that I will address in a moment.
I have some personal background working with persons with disabilities, particularly the severely handicapped in Canada. It is a constituency that I am deeply concerned about because the handicapped, particularly the severely disabled, are the most disadvantaged and disenfranchised when it comes to being able to express themselves and to participate fully in political life as well as in the judicial system. These are people who we often forget about because their voices are in many cases quite literally silent, people who have no voice.
For that reason I am delighted with the intent of the bill which is to provide special access to those who are disabled, those who are handicapped, to our judicial system. It is a very worthwhile objective.
I worked with an organization called the Neil Squire Foundation which develops technology for those who are disabled to better communicate and interact with the world. Technology such as the ability of high stem non-verbal quadriplegics through complicated robotics to type out words and express themselves through computer technology is revolutionary technology which is giving a voice to those who are quite literally voiceless.
The conventions of our judicial system do not always permit people who are physically disadvantaged to participate in giving evidence at trial and so forth. For that reason I am delighted the government has taken steps after extensive consultation to make such provisions in this act.
In reading the act there are one or two particular provisions I am concerned with under the section 2 amendments to the Canadian Human Rights Act. I notice that section 48(1), under the amendments to the Canadian Human Rights Act, states:
The Tribunal which will be appointed and established—the members appointed to that Tribunal will be persons who must have experience, expertise, interest in and sensitivity to human rights.
That seems on its face to be a harmless and sensible provision.
One thing that concerns me in creating criteria for the appointment of people to government bodies is that these criteria ought to be open to all Canadians, regardless of their religious or conscientious beliefs, to serve on such bodies.
This may seem like a bit of a stretch, however, given the recent amendments to section 2 of the Canadian Human Rights Act, which inserted last year the enumeration of sexual orientation under the purpose clause of the act, I can imagine the situation where a person deeply concerned about human rights may not agree with the principle of sexual orientation as an enumerated ground for protection.
I simply raise this question because it is conceivable that under section 48(1) such an individual could be prohibited from taking a seat on the Canadian human rights tribunal. It is conceivable that the appointment of a minister of a particular religion, for instance, with certain convictions about the question of sexual orientation but who is still deeply dedicated to the principles of human rights protection in general could be objected to on the basis that human rights, as now defined by this act, includes sexual orientation.
This is one of the issues in which we find a potential tension between freedom of religion and freedom of conscience, and freedom from discrimination based on the grounds enumerated in the act.
I simply raise that as something for consideration. Perhaps as we proceed with this bill the government could address whether or not the criteria for appointment to the tribunal could potentially prejudicially affect those who do not agree with all the enumerated protections under section 2.
Having addressed the substance of the bill, I would like to speak to the process which is before us today, as has my hon. colleague from British Columbia.
It is no secret that the Reform Party opposes the current operation of and the system of appointments to the Senate. However, of course, it is an established part of our constitutional framework. It is something we recognize. It is something we have to work with. However, there is a longstanding convention in this place and in our mother Parliament, a convention which is respected by all parliamentary governments, that the lower house, the elected house, the House of Commons, is the place where legislation ought to originate.
This is an important principle. We are the commons. We sit in this place representing the people of Canada with a democratic mandate. We are accountable. Quite frankly, the members of the other place are not accountable. They are accountable to no one but themselves. Witness the atrocious antics of Senator Thompson.
Other parties may disagree with whether and to what extent the Senate should be reformed. But surely we can all agree that the government should do everything within its power to cause all legislation to originate in this place, in the democratic house of this Parliament.
The people in this House belong to five recognized political parties. The people in the Senate belong to only two recognized political parties. That means there are three distinct perspectives which have gained substantial support from the Canadian people, perspectives which are represented and articulated in this place every day, which have no presence, no representation and no articulation in the Senate. For that reason alone I think it is atrocious that this government would ride roughshod over our conventions, over our traditions and over the democratic legitimacy of this House by allowing such legislation as this worthy bill to originate in the other place.
I simply want to put myself on the record as saying that I believe close to 100% of my constituents believe that the other place should either be reformed and elected or, if not, abolished. They do not, I believe, want to see that place legitimized through the introduction of government legislation. And so I add this caveat. While I am pleased with my colleagues to support this bill, I am displeased, to say the least, that we have to continually fight against this government's effort to legitimize this unelected and unaccountable Senate.