Senator Gold: Thank you for the question. Of course, the government considered all relevant constitutional positions, doctrines and interpretations, and those of leading experts. I’m pleased that you mentioned the late Professor MacDonald. He was a colleague and a friend, as was the late Peter Hogg.

I’m not going to repeat the analysis that Senator Cotter provided. I agree with him. It is 100% clear that the ancillary doctrine only applies in the context of federal legislation under a federal legislative power. The spending power does not give Parliament the ability to legislate, and so the ancillary doctrine, therefore, does not apply. Though it is true that constitutional doctrines evolve, this one hasn’t. This one has been clearly established for decades and decades and is independent of whether or not cooperative federalism or the understanding of it ebbs and flows.

I could go on at great length. The arguments have been made. The government considered it. I believe the government made the correct decision with regard to the constitutionality. I’m also confident that the government, in its negotiations with the provinces and territories, and that the provinces and territories, in negotiations with private companies, will do the right thing by way of protecting those persons receiving benefits under this important program.