Procedure and House Affairs committee  Oh, if all parties agree, terrific. I would prefer not to have legislation, if all parties agree. Once you get into legislation, you risk two things. One is that you risk appeals to the court to interpret the legislation, and in this kind of matter, with all due respect to our judges in Canada, including the nine on the Supreme Court, I don't think they should be called upon to settle these disputes, which arise typically soon after an election.

Procedure and House Affairs committee  Again, the worry with your example and the Federal Court's treatment of the case--and I wrote the affidavit, for those who thought the request for dissolution on September 7, 2008, violated a constitutional convention--

Procedure and House Affairs committee  --based on the debate in not this committee but the one that dealt with Bill C-16.... All parties were in agreement that snap elections would no longer be appropriate. The Prime Minister made a fantastically good speech in Vancouver saying that the fundamental purpose was indeed to have an even playing field among the parties, whereas in a snap election, the government has the advantage of finding the opposition in disarray, or down in the polls, in calling an election even though it hasn't been defeated in the House.

Procedure and House Affairs committee  I want you to get this, though. Have you had anyone discuss this Supreme Court ruling on how you identify convention?

Procedure and House Affairs committee  Wouldn't it be useful to think carefully about the highest court in the land drawing on the wisdom not of only Canadian constitutional scholarship but Commonwealth and British constitutional scholarship on how we think it should be done? I think it's worth a minute or two.

Procedure and House Affairs committee  Thank you very much.

Procedure and House Affairs committee  I'm “Russell”.

Procedure and House Affairs committee  I'm almost done. I'm sorry, I'm a long-winded guy. I wanted to apply that Supreme Court methodology to the issue before us: conventions concerning prorogation. First, there are plenty of precedents of uncontested requests for prorogation, but to the best of my knowledge there have been no situations analogous to either 2008 or 2009, both situations where prorogation was contested because its purpose appeared to be to avoid the government's accountability to Parliament.

Procedure and House Affairs committee  Are we not talking about conventions?

Procedure and House Affairs committee  I am very pleased to be here, Mr. Chairman. The question before us is one of profound importance to Canadian parliamentary democracy, the rules of which are not written in law books or the formal Constitution; they depend mostly on agreed-upon principles, practices, and conventions, meaning that you people--you members of Parliament from all parties--are required to agree.

Procedure and House Affairs committee  Porter screwed up this morning. They'll probably sue me...and cancel. No, they're usually pretty good.

Procedure and House Affairs committee  I do have an opening statement.

Justice committee  I'll just deal with your final question. I'd be in favour of a legislative confirmation at the highest level, the Supreme Court. I might even be interested in it possibly for courts of appeal. I know that's anathema to a lot of the legal community, but I think those are such important positions, Mr.

Justice committee  To me it's very unfortunate. The subcommittee worked on this for many months. They had submissions, not just from lawyers and judges--they certainly had that--but from people who aren't lawyers and judges but have a lot of experience and interest in how to choose good judges. The committee worked very hard.

Justice committee  I don't know that, but five people spending years and years in jail for crimes they didn't do is five too many. And what it underlines is how important it is to find the very best. That's what I don't hear anyone talking about. Why do you throw out the role of a committee to advise the government on who is highly qualified?