I think the argument is not well founded. For instance, even Professor Newman appeared before you, prior to the Saskatchewan Court of Appeal rendering the decision in the carbon tax reference, which put some of these issues into context, as well. I think the idea of a constitutional challenge to Bill C-92 by a province.... Of course, provinces can make references to any court. As we saw in the carbon tax matter, it doesn't always go the way people wish it would go. The legal reasoning and constitutional principles are very clear, as Professor Hogg and others will indicate. This is constitutionally valid legislation.
It's perfectly fine if people wish to challenge things. It's good for the salaries of the legal profession, but it isn't something that should be overly worrying to this committee, because people use strategies to address these things. Sometimes, they have other conflicts between Canada and a province, or what have you.
When it comes to these issues of child welfare, this is constitutionally valid. Moreover, because it's about children, I would hope very much that wouldn't happen. I've been involved recently in the first-ever reconciliation agreement with the Province of Saskatchewan and the Saskatoon Tribal Council. You heard from the tribal chief earlier this week. That was the first time the Government of Saskatchewan ever entered into a process to recognize jurisdiction. I was there to bear witness to the premier and speak passionately about the fact that, for the sake of children, we must not go to court and fight. They effectively buried the hatchet on a court fight that day, and said they are going to work together.
I think that's a wise strategy. I hope that any province thinking of a more aggressive stance will take that strategy.