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House Hansard - 157

44th Parl. 1st Sess.
February 9, 2023 10:00AM
Context: House Hansard - 157 - Feb/9/23
Mr. Tom Kmiec (Calgary Shepard, CPC)
  • Feb/9/23 3:19:57 p.m.
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Mr. Speaker, I would like to ask the member if he could opine on the Egan v. Canada decision from 1995 and the Oakes test. He went on and on about section 33, which is the substance— An hon. member: Oh, oh! Mr. Tom Kmiec: Pardon me. Did you not like the accent on it?
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Context: House Hansard - 157 - Feb/9/23
Mr. Tom Kmiec
  • Feb/9/23 3:20:44 p.m.
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Mr. Speaker, as with you, English is not my first language. I grew up in the province of Quebec, so this is an issue that actually touches me very deeply. I am an enfant de la loi 101, as many Quebeckers will recognize it. I knew neither French nor English when I came to this country, so when I ask a question about the Constitution of Canada and about the charter and how it affects us, I may not get the pronunciation of “Oakes test” precisely. I would just like to know something about section 1 and the Oakes test that is used. Many Canadians and many constituents of mine are upset with how it was applied in Canada. They believe there were violations of their charter rights committed during the pandemic, so I would like to hear the member of the Liberal caucus, as we are talking about section 33 of the charter, opine on section 1 and the reasonable limits we can place on people's charter rights. Is the Oakes test sufficient for these times today?
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