International Trade committee  Thank you very much for your question. I don't have any specific statistics on SMEs. We would also have to agree on a clear definition of what constitutes an SME. I think that's a problematic unknown in the system right now. I personally know a very small contractor that has a

International Trade committee  Thank you for your questions. I'll try to be brief. It is true that on the record Canada has not lost a lot of cases. For the cases that Canada lost, if you look at them carefully, you'll see that there were indeed problems in the situation where Canada was found in breach of th

International Trade committee  Thank you very much. I'll try to be concise. First, I'll address the initial point you raised, which concerned the political context. As it happens, ISDS was expanded around the time the Berlin Wall fell. However, these treaties and the idea of joint arbitration largely precede

International Trade committee  Thank you, Madam Chair. I too would like to thank the members of the committee for their invitation to appear this afternoon to discuss ISDS. I'm honoured to share this forum with others I have had the pleasure of encountering in the course of my career, namely Mr. Fortier, Mr.

Bill C-20 (39th Parliament, 2nd Session) committee  I will try to use it wisely. My last comment has to do with the letter of the Constitution. Paragraph 42(1)(b) talks about the method of selecting senators, not the method of appointing senators. I think that what the federal Parliament does not have the authority to do goes bey

Bill C-20 (39th Parliament, 2nd Session) committee  If a decision were made to follow the recommendation made by the Canadian Bar Association, the main question would have to deal specifically with the constitutionality of Bills C-19 and C-20. If the questions were to be too abstract, there would be a risk that the Supreme Court m

Bill C-20 (39th Parliament, 2nd Session) committee  The risk that the Supreme Court would rule on the unconstitutionality of this bill, if it would pass, is quite high. As to how to go about establishing an elected Senate—because this is something that could absolutely be considered—the Constitution does provide us with some tools

Bill C-20 (39th Parliament, 2nd Session) committee  I have very little to add. The letter of the Constitution requires that seven provinces representing 50% of the population, the House of Commons and the Senate must approve a resolution that would introduce such a reform. An additional layer was added after the 1995 referendum, w

Bill C-20 (39th Parliament, 2nd Session) committee  In response to your first question, I would simply say that it is impossible to save the constitutional validity of Bill C-20. I think it is fundamentally invalid constitutionally.

Bill C-20 (39th Parliament, 2nd Session) committee  I have nothing to add.

Bill C-20 (39th Parliament, 2nd Session) committee  I would just like to add that I recently reread an article by Professor Hogg in which he said that during the time preceding the reference on Parliament's jurisdiction with respect to the upper chamber, a number of constitutional experts had testified before a parliamentary commi

Bill C-20 (39th Parliament, 2nd Session) committee  There is a political judgment involved that goes beyond my expertise regarding the appropriate decision in this case. I would say that the message is not necessarily the same. If there is a request for a reference to the Supreme Court, the message is that it might be a good idea

Bill C-20 (39th Parliament, 2nd Session) committee  To begin with, I would say that the 1980 opinion to some extent clarified this issue. Among the questions asked of the Supreme Court which remained unanswered due to a lack of evidence was whether the federal Parliament could unilaterally change the name of the Senate. In my opin

Bill C-20 (39th Parliament, 2nd Session) committee  Yes, I do. I have a comment to make in relation to both questions. As far as a mechanism to break through any potential gridlock is concerned, I believe that, for the time being, the only mechanism we have is cited in section 26 of the Constitution Act of 1867, and that is for

Bill C-20 (39th Parliament, 2nd Session) committee  Thank you, Madam Chair. I would like to thank the members of the committee for the privilege of testifying before you today, by means of technology. I share the same doubts as those expressed by my eminent colleagues as far as the constitutionality of Bill C-20 is concerned. I