An Act to amend the Canada Elections Act

This bill was last introduced in the 39th Parliament, 1st Session, which ended in October 2007.

Sponsor

Rob Nicholson  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

This enactment amends the Canada Elections Act to provide that, subject to an earlier dissolution of Parliament, a general election must be held on the third Monday in October in the fourth calendar year following polling day for the last general election, with the first general election after this enactment comes into force being held on Monday, October 19, 2009.
The enactment also provides that the Chief Electoral Officer may recommend an alternate day if the day set for polling is not suitable.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Votes

April 24, 2007 Passed That a Message be sent to the Senate to acquaint Their Honours that this House disagrees with the amendment made by the Senate to Bill C-16, An Act to amend the Canada Elections Act.

Business of the HouseOral Questions

May 3rd, 2007 / 3 p.m.
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York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons and Minister for Democratic Reform

Mr. Speaker, today and tomorrow we will continue our focus on making our streets and communities safer by cracking down on crime.

This morning we completed the debate at report stage on Bill C-10. That is a bill to introduce mandatory penalties for gun related crimes and other violent acts. Our government proposed amendments at report stage to restore what the Liberals had gutted from the bill at committee, mainly those aspects that will ensure violent criminals actually serve time in jail. We will be voting on these amendments next week.

We will continue this afternoon with Bill C-22, which is the age of protection legislation, followed by Bill C-27, the dangerous offenders legislation that would require criminals who are convicted on two separate occasions of a violent crime to prove to the court why they are not a danger to the community.

Next week will be strengthening accountability through democratic reform week. It effectively kicked off today when Bill C-16, the fixed dates for elections act, received royal assent.

On Monday we will resume debate on Bill C-43. That is the bill that proposes to give Canadians a say in who they want representing them in the Senate.

Our government will be introducing a number of new measures in the House of Commons next week, which I will address at the appropriate time.

Of course, we still have Bill S-4, the bill to establish Senate term limits, which has been languishing in the Senate for almost a year now. It would be nice if the Senate passed that. It would be nice if the Liberal senators could get on with it, so that we could actually have that bill here in the House of Commons as part of our focus on democratic reform next week.

Tuesday, May 8 and Thursday, May 10 will be allotted days.

Pursuant to Standing Order 66 I would like to conclude debate tomorrow on the 11th report of the Standing Committee on Justice and Human Rights, and I would like to conclude debate on May 11, 2007 on the 13th report of the Standing Committee on Public Accounts.

Subject to an agreement with other parties, there may be interest in concluding debate at second reading of Bill C-33, the income tax bill, as early as tomorrow.

On the question of Bill C-30, we see elements of that legislation that we brought forward that are very valuable relating to biodiesel, alternative fuels and so on, and we will seek ways of introducing that in the House of Commons. However, we have absolutely no intention of bringing forward the Liberal carbon tax plan, which is now at the fore of that bill, which would establish an unlimited right to pollute for polluters. All they would have to do is pay and they would have an unlimited right to pollute. That is not our approach. We are bringing in regulations to achieve real reductions in greenhouse gases. That is our approach.

May 3rd, 2007 / 2 p.m.
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Conservative

The Acting Speaker Conservative Andrew Scheer

I have the honour to inform the House that a communication has been received as follows:

Rideau Hall

Ottawa

May 3, 2007

Mr. Speaker:

I have the honour to inform you that the Right Honourable Michaëlle Jean, Governor General of Canada, signified royal assent by written declaration to the bills listed in the schedule to this letter on the 3rd day of May, 2007, at 10:30 a.m.

Yours sincerely,

Sheila-Marie Cook

Secretary to the Governor General

The schedule indicates the bills assented to were Bill C-26, An Act to amend the Criminal Code (criminal interest rate)--Chapter 9, Bill C-16, An Act to amend the Canada Elections Act--Chapter 10, and Bill C-36, An Act to amend the Canada Pension Plan and the Old Age Security Act--Chapter 11.

Electoral ReformPrivate Members' Business

April 30th, 2007 / 11:40 a.m.
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Conservative

Dean Allison Conservative Niagara West—Glanbrook, ON

Mr. Speaker, I appreciate the opportunity to participate in the debate on Motion No. 262, which proposes two initiatives in response to the 43rd report of the Standing Committee on Procedure and House Affairs. The motion proposes that we strike a special committee of the House of Commons to make recommendations on democratic reform. The motion also proposes the creation of a citizens' consultation group to report on the matter.

This is the type of motion the member for Elgin—Middlesex—London made at the Standing Committee on Procedure and House Affairs. The member proposed to do a study on democratic reform. What I find interesting is that the member's proposal was voted down by the committee, which included the NDP member on the committee at that time.

I am curious as to why the NDP member would bring forward Motion No. 262 at this time, based on the fact that this was something that one of our members had earlier proposed. Also this is an initiative that as a government we have been looking at as well. Therefore, I find that the motion is redundant.

I appreciate what the member for Vancouver Island North is trying to do. I think we all agree that it makes sense to look at the democratic process from time to time and see if there are ways that we can change it to make it better.

It is for all of these reasons I will not be supporting the motion. Certainly, as I have said before, it is very worthwhile to look at ways to make the democratic process better, but the government has already taken action. Our government has already initiated a process to start looking at this issue.

The previous government did not do a whole lot about the democratic process over the 13 years that the Liberals were in power. They certainly talked about doing something about the democratic process, but unfortunately it never materialized under the previous government.

One thing our government has definitely been looking at is how we consult with Canadians and how we can do a better job on democratic reform issues. With that in mind I would like to talk about what the government is looking at doing over the next little while.

We certainly want to engage parliamentarians. We have initiated a number of legislative issues. Public consultation is also very important to make this process work. We should engage all Canadians.

The work the government has been doing has been noted by other members, but it bears repeating.

The government enacted Bill C-2, the Federal Accountability Act. This is one of the most notable things this government has done. The act bans union as well as corporate donations, and limits contributions to $1,100, and makes sure that no cash donations are accepted. In terms of the democratic process we have seen what happens in other parts of the world where there is not a limit on donations. People seem to have more influence with the more money that they are able to spend on elections. Limiting the amount will work in our democratic process. It is important regardless of where Canadians come from that they be able to have a say in government and not just be able to influence the government with money.

Bill C-16 was introduced by the Conservative government. The bill looks at establishing fixed election dates. The bill passed unanimously by the House. The Senate recently attempted to add an amendment that the government rejects. We are hoping that the Senate will move forward and put the bill back to the way it was originally.

What is important with fixed election dates is that we would not just worry about what is going on in the polls. Whatever party was in government would have an opportunity for more stability. People would know that every four years an election would be held on a certain date. This has worked in some provinces. This is something that we could look at federally as well.

The third initiative that the government has introduced in terms of legislation is Bill S-4 which was introduced in the Senate. That bill limits the terms for senators. It would eliminate the current situation where unelected and unaccountable senators can sit for up to 45 years. An eight year term would allow senators to get the kind of experience they need when looking at legislative initiatives and ensure they would get new perspectives.

Even though that bill was introduced in the Senate, we are stuck. It has been sitting in the other place for almost a year now, which is kind of surprising. It may be a bit of a concern if a bill was introduced to limit a term from 45 years to 8 years, but we would encourage that unelected, majority-driven Liberal Senate to pass that bill.

There are also other areas that we have looked at. The government introduced Bill C-43, the Senate appointment consultations act, which we will be debating next week. This bill would enable us to talk to people about how senators should be appointed.

These are all great initiatives that will help make the democratic process better.

We have also introduced Bill C-31 which looks at a number of different measures in terms of the electoral system and voter ID. This is important based on all the recommendations that were contained in the 13th report of the procedure and House affairs committee. The government is looking for a way to implement those recommendations through Bill C-31. We are trying to make the electoral system more fair. We are trying to reduce fraud. The bill has the support of all parties and we are certainly hoping that it will be passed very shortly in the Senate.

The second issue that I would like to address today is public consultations. It is important that not only elected representatives participate in the system, but individuals from across the country participate as well. The government is already engaged in this. We started the process back on January 9.

We want to set up citizen forum groups across the country, so we could deal with all the provinces and territories. We are midway in this process. We have been able to talk to people. At each of these forums somewhere in the neighbourhood of 40 to 50 individuals have represented the Canadian population. We are hoping that when we are done with this process, we will have spoken to some 400 or 500 Canadians.

In this way, we really believe that we can get some impartial views. One of the members talked about the fact that certain parties were already leaning toward one certain system. In this way, we have a chance not to bias the process but give Canadians an opportunity to participate. So far the participation and the response has been very enthusiastic. This is good to see as we look at a whole range of individuals from different parties, from across all electoral systems, as well as the House of Commons, the Senate and citizens.

We are also looking at a youth forum that would take place in Ottawa. This forum would try to establish why there is such low voter turnout among young people. We realize that young people are disengaged and sometimes frustrated with the system. It is important that we look at ways to engage young people, so they can be part of the political process and look at making a difference.

We are also looking at sending a survey out across the country. This could be part of our final report.

We have consultations going on with members of the House and with the Senate. We have surveys, citizen groups and youth forums. All of these things will be important as we look at delivering the final report some time in June of this year. I certainly look forward to seeing it.

As we look at introducing legislation in the House, it is important that we consult with people. This gives us a better understanding obviously as we look at different parts of the country with different needs. I have sat in on a few meetings of the procedure and House Affairs, and I know there are concerns given the fact that we have large urban ridings and rural ridings. Because of the uniqueness of this country, I believe this consultation process is important.

Once again, I am going to urge all members to vote against this motion because of what we already having going on in the House. I want to thank parliamentarians for their participation in this process.

Electoral ReformPrivate Members' Business

April 30th, 2007 / 11:30 a.m.
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Conservative

Barry Devolin Conservative Haliburton—Kawartha Lakes—Brock, ON

Mr. Speaker, I am pleased to participate in the debate on Motion No. 262, which proposes two initiatives in response to the 43rd report of the Standing Committee on Procedure and House Affairs. First, the motion recommends that a special committee of the House of Commons be created to make recommendations on democratic reform issues. Second, it proposes that a special committee look into creating a citizens' consultation group and to report on this matter within six weeks.

I intend to oppose this motion for reasons I will make clear in my remarks today. I would also encourage other members of the House to oppose it.

There appear to be some fundamental inconsistencies in the NDP's approach to electoral reform and public consultation on democratic reform and electoral reform in particular. In this regard I noticed that one of the opposition day motions put forward by the NDP is that we should move immediately to implement electoral reform but that we should implement a specific type of electoral reform, that of a mixed member proportional system.

At the same time the NDP is putting forward Motion No. 262 to study our electoral system, it is also suggesting that we immediately reform our electoral system, and not necessarily in a way that reflects what the Canadian public may wish, but rather in a way that reflects the interests of the New Democratic Party. We can, therefore, all be excused for being confused about what exactly is the plan of the NDP with regard to democratic reform in general and electoral reform specifically.

Does the NDP want us to move immediately to implement a mixed member system, as it has stated on many occasions, or does the NDP want us to consult Canadians on electoral reform in advance, as suggested by Motion No. 262, and find out whether Canadians believe electoral reform is an issue they wish to pursue?

It seems that the NDP has not only prejudged the need for electoral reform, but is also prescribing for Canadians exactly what type of electoral reform Canadians should pursue. I find this interesting because there are a number of electoral systems that could be pursued should it be decided that reform is an advisable course of action.

Personally, I do not believe it would be advisable to barrel ahead to change our electoral system and change it to a specific electoral system before we even have any indication from Canadians that this is what they want.

I note that the sponsor of Motion No. 262 in the first hour of debate made it quite clear that she wanted the consultations to focus solely on electoral reform. From her remarks it did not seem that she and indeed her party had anything but a narrow focus on one single issue.

The question again is, does the NDP want to hear the views of Canadians on electoral reform, or does it want to prescribe for Canadians the type of electoral reform that it has apparently already decided on without consultation?

The actions of this government in the area of democratic reform stand in stark contrast to those of the NDP. We recognize that democratic reform is not a single issue. It is not just about electoral reform, as the NDP would have everyone believe.

Democratic reform encompasses a wide range of issues from political financing to improvements to our electoral system and the modernization of our democratic institutions. This was a fact that was recognized in the 43rd report, which was released in June 2005 but not acted on by the previous government.

The report's conclusions underline a whole range of issues beyond electoral reform that should be the subject of consultation. We need to be clear about the conclusions of the 43rd report if we are to act on them.

Let me read for members exactly what the report said. The report states that a citizens' consultation group along with the parliamentary committee should:

--make recommendations on the values and principles Canadians would like to see in their democratic and electoral systems.... [This] would take into account an examination of the role of Members of Parliament and political parties; citizen engagement and rates of voter participation, including youth and aboriginal communities; civic literacy; and how to foster a more representative House of Commons, including, but not limited to, increased representation of women and minorities, and questions of proportionality, community of interest and representation--

My question would be, why is the NDP focusing only on one aspect of democratic reform when there are so many other equally important issues?

For our part, this government is taking a much different approach. First, rather than just thinking about a consultation process as suggested by Motion No. 262, we have actually taken action to implement a process as the government announced it would do in January.

As a result of the government's actions, a citizens' consultation process is under way. The process consists of two key parts. The first is a series of 12 deliberative forums, one in each province, one for the territories and one youth forum, each with a participation of 40 to 50 citizens who are roughly representative of the Canadian population. The second part is a telephone survey on a range of issues related to our democratic institutions.

The deliberative consultation process is well under way. Consultations have already taken place in British Columbia, Alberta, the territories, Saskatchewan, Ontario, Manitoba, Nova Scotia, Prince Edward Island, and Newfoundland and Labrador.

In contrast to the process recommended by Motion No. 262, the government sponsored process is consulting citizens on a broad range of issues. Each forum is addressing a common set of topics, including political parties, the electoral system, the House of Commons, the Senate and the role of the citizen. It will be noted that this is very similar to the recommendation of the 43rd report. Unlike the NDP approach, we are not focusing only on a single issue and we are not prejudging the views of Canadians on these issues.

Once the process is over, a report on the process will be prepared for the government. The government intends to take the results of these consultations very seriously and parliamentarians will continue to be engaged on these important subjects.

It appears that the government is pursuing a much more comprehensive approach to consultation than is proposed in Motion No. 262. Since the process is well under way, Motion No. 262 has become redundant and has been for some time now.

Apart from the consultation process, the government has engaged parliamentarians on a wide range of important democratic reform initiatives, as we indicated we would do in our electoral platform. I dare say that no other government in history has accomplished so much in this important area. Allow me to review some of the initiatives we have taken so far on this issue.

First, we passed Bill C-2, the Federal Accountability Act, which provides for some important political financing reforms, including a ban on corporate and union donations, and the reduction of contribution limits to $1,000. This will ensure that money and influence are not the determining factors in financing political parties and the parties can operate on a level playing field.

We have introduced practical and achievable legislation in the area of Senate reform, including Bill S-4, which would limit the tenure of senators to a period of eight years, and Bill C-43, which would establish a national process for consulting Canadians on their preferences for Senate appointments.

Of particular interest for this debate, the consultations proposed in Bill C-43 would not be carried out by means of a first past the post system. Rather, elections would be conducted using a proportional and preferential voting system called the single transferable vote, or STV system. It will be interesting to know the ultimate position of the New Democratic Party on Bill C-43 since the bill is proposing the introduction of a proportional electoral system which the NDP has been advocating for the House of Commons. Bill C-43 is an important initiative because for the first time Canadians will have the opportunity to have input into their selection of senators.

The government has also moved forward on an important initiative to improve the integrity of our electoral system. Bill C-31 includes important provisions to combat electoral system fraud, in particular through the introduction of requirements for voter ID. If passed, I believe the bill would make a tremendous contribution to ensuring that no election was tainted by the possibility of voter fraud.

The government is taking steps to increase electoral fairness through the introduction of Bill C-16 which establishes fixed dates for federal elections. If passed, this initiative would ensure that elections occurred once every four years and not just on the whim of a prime minister who might choose to call an election on the basis of whether or not his or her party was high in the polls.

The government has demonstrated a tremendous commitment to electoral reform. We are well on our way to meeting the commitments that we made to Canadians.

To conclude, I must encourage all members to vote against the motion for the reasons I have stated. Given that the government has already taken action to implement a public consultation process, Motion No. 262 is redundant. Not only that, but the government's process is much more comprehensive than was recommended by the NDP. It will not be focused only on electoral reform, contrary to the desire of the sponsor of the motion. It conforms largely to the recommendations of the 43rd report of the Standing Committee on Procedure and House Affairs.

The New Democratic Party has already decided prior to consulting with Canadians that the mixed member proportional system is the way to go. This government does not want to prejudge the views of Canadians on this important matter.

Might I add that the previous speaker made mention of several changes that she feels need to be made to the way that Parliament works. It is important to point out that the previous Liberal government was in power for 13 years. The Liberals moved forward on none of these provisions. I find that extraordinary.

Quite frankly, as someone who has had a lifelong interest in democratic reform, I am proud of the initiatives that our government has launched. I encourage all members of all parties in the House to support them when they come forward.

Electoral ReformPrivate Members' Business

April 30th, 2007 / 11:15 a.m.
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Conservative

Joe Preston Conservative Elgin—Middlesex—London, ON

Mr. Speaker, I appreciate the opportunity to participate in the debate today on Motion No. 262. The motion proposes two initiatives in response to the 43rd report of the Standing Committee on Procedure and House Affairs.

First, the motion proposes that a special committee of the House of Commons be created to make recommendations on democratic reform issues and, second, that a special committee look into creating a citizens consultation group and to report on this matter within six weeks.

At the outset, I want to make it clear that I will be urging members to vote against this motion, not because involving parliamentarians and citizens in discussion about democratic reform is an unworthy exercise, but because the government has already taken such clear action in this important area and it will continue to do so.

After the 43rd report was released in the last Parliament, nothing happened in the area of democratic reform, consultations or otherwise. This stands in sharp contrast to the actions of this government. We have engaged and continue to engage parliamentarians in a number of important democratic reform initiatives. We have already started a process to consult Canadians on democratic reform issues. In short, I will demonstrate today that the motion before us has been overtaken by events.

First , in the area of engaging parliamentarians on democratic reform issues, I am confident in saying that this government has done more than any previous government in bringing forward democratic reform initiatives for consideration in Parliament. Parliament adopted Bill C-2, the Accountability Act, which included a number of political financing reforms, most notably a ban on union and corporate donations, a contribution limit of $1,000, a ban on cash donations and a ban on trust funds. These measures help to eliminate the perception that only those with money have an influence on politics. This, in turn, enhances confidence in the political process.

The government also introduced Bill C-16 to establish fixed dates for federal elections. This bill was passed unanimously with all party consent in the House. More recently, the House of Commons adopted a motion to reject an unnecessary amendment adopted by the Senate. We are hoping t the Senate will now accept the now twice expressed will of the members of the democratically elected House of Commons regarding this bill. The Senate should recognize the legitimacy of the House, in particular on matters relating to elections, and pass this bill as it was originally intended.

The implementation of fixed dates for elections will greatly improve the fairness of Canada's electoral system by eliminating the ability of the governing party to set the timing of a general election to its own advantage.

The government has also taken important steps in the area of Senate reform, with the introduction of practical and achievable measures. Last May, the government introduced Bill S-4 in the Senate, which would establish a term limit for senators of eight years. The adoption of this bill would eliminate the current situation where unelected, unaccountable senators can sit for up to 45 years.

An eight year term would allow senators to gain the experience necessary to fulfill the Senate's important role of legislative review, while ensuring that the Senate is refreshed by new perspectives and ideas. Despite widespread support for this initiative, the bill has, unfortunately, been held up in the Senate for almost a year now.

Also in the area of Senate reform, the government introduced Bill C-43, the Senate appointment consultations act, which would provide a process whereby voters may be consulted on potential appointments to the Senate in their respective provinces. Debate on this bill began last week. For the first time ever, legislation will provide Canadians with a voice on who represents them in the Senate.

The government has also introduced Bill C-31, which includes a number of initiatives aimed at ensuring the integrity of the electoral system, including a new system of voter identification. Bill C-31 would implement most of the recommendations of the 13th report of the Standing Committee on Procedure and House Affairs. The passage of this bill will reduce the opportunities for fraud and promote fairness in our electoral system. I hope Bill C-31 will soon be passed in the Senate.

In summary, this government has demonstrated the most extensive commitment ever to the modernization of Canada's national democratic institutions.

In the area of public consultations, we are not just looking into the issue, as proposed in Motion No. 262, we are acting.

On January 9, 2007, the government announced that it was launching a public consultation process on democratic reform issues. In particular, the process would engage Canadians in a dialogue to identify the priorities, values and principles that should underpin Canada's democratic institutions and practices.

The process consists of two main elements, both organized by independent contractors.

First, there is a deliberative process to consult Canadians in 12 citizens' forums, one held in each province, one in the Territories, and also in one national youth forum. The process is more than half complete, with the forums in British Columbia, Alberta, the Territories, Saskatchewan, Ontario, Manitoba, Newfoundland and Labrador, Nova Scotia and Prince Edward Island already completed. Each forum includes approximately 40 to 50 citizens who are roughly representative of the Canadian population.

In that regard, it is worth noting that by the time we are finished approximately 500 Canadians will have participated in the deliberative discussions, all of them giving up a few days of their time, not to mention studying the issues in advance.

The response so far has been very enthusiastic. Participants are examining a whole range of issues, including: political parties, the electoral system, the House of Commons and the Senate, and the role of the citizen.

In the youth forum, which will take place in Ottawa, participants will take a close look at why there is low voter turnout among Canada's youth and why a significant number of young people appear to be disengaged from the political process.

The second element is a large scale national survey that will be administered to a representative sample of Canadians across the country.

We will learn in the forums and the survey and they will be combined into a final report that will be ready by June of this year.

I very much look forward to the report and what it will tell us about the views of Canadians and our democratic institutions and practices. The government intends to take the results of these consultations very seriously.

In conclusion, I urge all members to vote no on Motion No. 262. While the member undoubtedly had honourable intentions in bringing the motion forward, passing this initiative would not serve any useful purpose. The government has engaged and will continue to engage parliamentarians on democratic reform issues; witness the extensive legislative agenda we have introduced in this important area.

The comprehensive process to hear the views of Canadians on democratic reform issues, which we announced in January, is well under way. We will be listening to the views of Canadians and deciding the next steps in the reform of our democratic institutions.

Parliamentarians will play a role in that process. Having the information from the consultation process will mean that parliamentarians are better informed when considering further improvements to our democratic process.

Senate Appointment Consultations ActGovernment Orders

April 27th, 2007 / 10:05 a.m.
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NDP

Paul Dewar NDP Ottawa Centre, ON

Mr. Speaker, I rise to speak on Bill C-43, An Act to provide for consultations with electors on their preferences for appointments to the Senate.

I want to begin my comments with a historical perspective. It is interesting to go back to the beginning of our country and the constitutional debates in Quebec at the Quebec conference and the debates around the Senate. In fact, those debates were some of the longest debates, and some would say they were controversial, about what should be done in terms of that new idea, the new formation called Canada.

There had been a consensus about reforming and having responsible government. Indeed, after the rebellions in 1837, we saw it in 1841. The concept and the idea of responsible government had been born. The rebellions built on Upper and Lower Canada had taken place. In 1841 we saw the idea of responsible government after the Durham report, with all its ills, but there were some good things in it, and then in the Quebec conference in the discussion around what should be done in terms of a new country and the formation of a confederation.

In those debates, there were discussions among the reformers at the time, who were very different from the reformers of more recent times. The Browns, for instance, actually believed that an elected Senate at the time would be problematic. That is interesting to note because at the time Brown and his movement, the reformers of the time, were laying down the markers for what they believed would be more responsible and more representative government.

Yet there was a consensus at the time, after much debate, as I have said, to have an appointed Senate. The reason people gave was that they believed the two houses had to be given certain jurisdictions and responsibilities. There was a concern at the time that one house should not have dominance over the other house, notwithstanding the obvious submission of people who saw a democratically elected house as better than an appointed one.

These people shared some concerns. Many of the reformers at the time trumpeted the comments of John Stuart Mill, who said in 1861:

An assembly which does not rest on the basis of some great power in the country is ineffectual against one which does.

People consciously knew that by way of agreeing to an appointed Senate the upper house would not trump the House of Commons. They were very deliberate, because they did not want to see the quagmire. They saw the upper house as a check.

They were concerned about the experience in the United States at the time. We have to recall our history. The American civil war had just happened. People were very conscious of it. One of the reasons Confederation came together, notwithstanding the Fenian raids, was due to the concern about the Americans' creep north, so to speak.

They wanted to get it right. They wanted to make sure it was different. They wanted to make sure there were proper checks and balances. They subscribed to the idea of an appointed house.

I will go back in history to re-Confederation in terms of what the debates were at the Quebec conference, because it is very important to understand our history in order to understand where we are now and to understand this bill.

In essence what the reformers of the time were saying, Macdonald and others, was that we needed a balance. They wanted to make sure that the upper house was not going to trump the lower house, so that, as John Stuart Mill said, we would not have one “assembly which rests on the basis of some great power in the country”, i.e. the people, and one that would cause a disproportionate balance.

Because, if we look at the structure of the Senate, we see that there were senators appointed. We have to recall that it was the east and west, and the Maritimes were still discussing whether there would be a maritime union. Senators would not be appointed based on representation of exact population. It was very important that it was going to be an appointed Senate.

Delegates at the Quebec conference believed that to have responsible government, the principle that was fought for in the rebellions of 1837 and the act in 1841, there had to be responsible representation by population government in the House of Commons and oversight from the Senate.

If we fast forward to where we are now, this bill is not proposing an overview of what the Senate's roles and responsibilities are. It does not take into consideration, in my opinion, what the initial debate was in this place with the former Reform Party about the so-called triple E Senate. It is not a discussion that really deals with what the Senate's role and responsibilities are. It is simply a way to get around the obvious problem of having an appointed body in 2007. We have not evolved to having a body that is actually democratically respected and responsible.

The fundamental problem with this bill is that it is a half measure. It says that we can have a plebiscite. We have not quite decided yet how that is to be done, but let us say it is in a federal election. The plebiscite goes forward and the person who is nominated goes to the Prime Minister, who makes the appointment.

What it does not do is deal with the whole quagmire of the role of the upper house. That is fundamentally what should be dealt with. That is really what Canadians want. It is what many people believe the former Reform Party really wanted to deal with.

This bill skirts the Constitution because it does not open the Constitution to deal with the problem. It is simply a plebiscite of sorts to find out who is the most popular person to be appointed by the Prime Minister. That might sound good to some people. I am sure the governing party will say that it is a great thing, that it would be a step in the right direction and an incremental and positive step. We may see that as being the case, except when we look at what the government has done in the area of democratic reform and judge it on its record to date.

One bill that the NDP subscribed to and supported was Bill C-16, a bill that would fix election dates and will hopefully be enacted very soon. It was an idea that our party came up with. My predecessor, Mr. Broadbent, put it forward in his ethics package before the last election. The government then took it off the NDP shelf, put it into its platform, brought it before the House and everyone agreed to it. It made sense.

We agreed that we should not open the Constitution for that particular bill. We did that because it was something that could be done without affecting the structure and functions of our Parliament. It was a process in terms of how election dates are set and it did not deal with undermining the whole idea of a minority Parliament and confidence. It was fine.

This bill is a sidestep on the Constitution. For that reason alone, personally I cannot support it. If we continue to skirt the Constitution, I think we are going down a dangerous road. I submit that the government has to understand that the Constitution is not a suggestion list. It is not something for which we say, “Maybe we would like to do this”. It is a fundamental foundation of our country and of the structure of this place and obviously of the other place.

If we are going to talk about substantive change and real democratic reform, then what we need to do is have an honest debate in this country. To be fair, the former Reform Party tried to do that. It attempted to have a so-called triple E Senate.

However, the Conservative government simply wants to do an end run around the Constitution and say, “Here, we have a plebiscite, we will rubber stamp the plebiscite choice, and the Prime Minister will appoint the person”. It does absolutely nothing to the roles and responsibilities of the upper house.

In fact, we will have a house that will have some people who are deemed to have been chosen by the people and some who are appointed, those who are flying, so to speak, on different octane, and people will ask who legitimately speaks for the other place. Is it the person who is there by way of plebiscite or the person who is appointed? It creates a quagmire for the upper house and therefore for this place.

On those points alone, I believe we cannot support the bill.

I want to now turn to where the government is on democratic reform. It is very sad to see that the government has decided not to embrace what the previous Parliament put forward through the Standing Committee on Procedure and House Affairs, which was to go out to citizens and have a citizens' engagement on democratic reform and also have a House of Commons committee going out to Canadians to speak on democratic reform and find out what Canadians' ideas are.

Sadly, what the government came up with has been a disaster. The government will not admit that, but I know it has been a disaster. The government has had to backtrack and reassign contracts. It has gone to so-called “non-special interests”, which is laughable, and I will tell the House who it is, to go to Canadians and have a focus group on what they believe democratic reform should look like.

The paper that has been put out is called “Public Consultations on Canada's Democratic Institutions and Practices”. I have the participants' workbook here. I did not get it from the government website but actually from a participant who recently went through the process and procedure.

Mr. Speaker, you will know the group because it is out of Winnipeg. It is the Frontier Centre for Public Policy. I will not say anything too negative about the Frontier group, but what I can say genuinely is that it is not an objective think tank. Some have said that it makes the Fraser Institute look left wing, but I will not subscribe to what those others have said.

On its website, the Frontier group says it fundamentally does not believe in ideas like proportional representation. This is the group that the government has hired, with taxpayers' money, to talk to Canadians about democratic reform. So when the government presents a bill, Bill C-43 on Senate reform and change--

Canada Elections ActGovernment Orders

April 24th, 2007 / 5:55 p.m.
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Liberal

The Speaker Liberal Peter Milliken

The House will now proceed to the taking of the deferred recorded division on the motion to disagree with the Senate amendment to Bill C-16.

The hon. chief government whip is rising on a point of order.

The House resumed from April 23 consideration of the amendment made by the Senate to Bill C-16, An Act to amend the Canada Elections Act.

Canada Elections ActGovernment Orders

April 23rd, 2007 / 1:40 p.m.
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Bloc

Pierre Paquette Bloc Joliette, QC

Mr. Speaker, I have to say at the outset that the Bloc Québécois will be supporting Bill C-16 in principle.

Let me start by saying that, in 1998, at the hon. member for Laurier—Sainte-Marie's initiative, the Bloc Québécois Bloc launched a number of reflection exercises, including one on citizenship and democracy, in which it was agreed that, in a sovereign Quebec, a fixed election date system would be much more suitable than the British system which is currently in place in the United Kingdom, Canada, New Zealand and South Africa. Indeed, holding elections on a fixed date would allow parliamentarians to plan their work better, giving them a better chance to undertake it.

Personally, I remember very well that, under the previous minority government, the international trade subcommittee never got going because we did not know when an election would be called. That caused very serious harm to industry in Canada and Quebec, given a context where Canada is lagging behind terribly in terms of globalization and free trade.

We also feel that it would promote voter turnout. We know that, in the bill, the third Monday of October is the proposed time to hold elections. It was precisely selected because that is a time of year when people are available to take part in electoral process and elections. People are certainly more available then than they were for the June 28, 2004 election, and probably more available than for the last election. As hon. members will recall, that election was called in November, then came the Christmas period and, in January, we went to the polls.

We therefore believe that having to hold elections on a fixed date would not only allow to better plan parliamentary work, but also foster improved voter participation.

We see many advantages and I do not feel I need to drone on about this for too long. It is a matter of fairness between the parties. Indeed, we all know that, at present, the governments in power and the Prime Minister exploit the calendar and the current situation in order to call an election at any time they like. During Mr. Chrétien's era, for example, we rarely saw terms last longer than three and a half years. He would wait for the right time and call an election only when it was in his best interest and that of the Liberal Party. We believe, however, that all Canadians and all the parties should be aware of the exact framework for the rules of the game. Obviously, we would know when the election date would be. As I mentioned, this would foster much more rational governance and, we believe, promote political participation. Certain months are completely inadvisable, if we really want to increase voter turnout. Thus, by knowing the rules of the game, by knowing the date in advance and choosing a date that appears to be at the most convenient time of year for all Canadians and Quebeckers, as is the case in Bill C-16, we will be in a better position to encourage voter participation.

I cannot ignore the fact that knowing when the election will take place could help with the recruitment of some future candidates. I know very well that, in Quebec, some very valuable people have left their jobs believing that an election was imminent. When they had found other jobs they could not leave when Premier Jean Charest called the election. Others were unable to run because they could not leave their professional responsibilities at the drop of a hat, or the roll of the dice.

Therefore, we believe that we would just be reflecting what is happening in today's modern democracies around the world. You may be familiar with the studies published by Henry Milner of the Institute for Research on Public Policy. Of the 40 democracies he studied, there are only 12 that do not have fixed election dates.

Naturally, if a minority government were to lose the confidence of the House, the Prime Minister would be able to call on the Governor General to ask that an election be called. However, he could not do it based solely on the fact that the polls were favourable, for example following a given decision. Following a temporary increase in support for the government in power, he could not call on the Governor General and have her dissolve Parliament without valid reasons.

Given the current system, as I mentioned earlier, the Bloc Québécois will support the principle underlying the bill. We think that the new system being proposed is much fairer and more modern. It will support voter participation in the campaign and the election, and it will not challenge the government's responsibilities. That is why we support this bill.

Canada Elections ActGovernment Orders

April 23rd, 2007 / 1:35 p.m.
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Conservative

Bruce Stanton Conservative Simcoe North, ON

Mr. Speaker, I have sat here and listened to most of the debate on the motion by the government House leader today. I think there is certainly great unanimity around the notion that we need Bill C-16 and we need it passed. What is lost in all of this is the whole reason we have brought this forward, and that is to get rid of the kind of exploitative situations that governments have taken in the past to monkey around with election dates for the benefit of partisan advantage.

The fact is we have a bill in front of us. It went through the Standing Committee on Procedure and House Affairs, through the Senate and through the Senate Committee on Legal and Constitutional Affairs. Then at the last minute, out of left field, we get this final grasp at a straw to kick into motion one last shred of an ability to get a partisan favour into election dates.

Has the member not thought about looking through the lens of trying to improve this? Why could something that has gone through this kind of scrutiny not just be passed and sent back—

Canada Elections ActGovernment Orders

April 23rd, 2007 / 1:10 p.m.
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NDP

Paul Dewar NDP Ottawa Centre, ON

Mr. Speaker, it is an honour to speak to Bill C-16.

I want to start my comments by recognizing my predecessor, Mr. Ed Broadbent, who brought forward an ethics package before the last election. The ethics package he proposed was to clean up politics and some of the ways we might do that.

Interestingly enough, one of the proposals Mr. Broadbent put forward in his ethics package was for fixed date elections. The NDP is happy to support Bill C-16 because our party put the initiative on the table. It was an initiative we took to propose ideas rather than just oppose ideas. That is very important. I believe our role as responsible parliamentarians is not just to oppose, which is certainly necessary when in opposition, but also to propose. We felt it was very important to propose fixed date elections. Of course we support Bill C-16 since it was an NDP proposal before the last election. This is not something that we proposed in the midst of an election. It is something we actually presented to the last Parliament because we thought it was very important.

Mr. Broadbent also had in his ethics package, which our party was happy to put front and centre in the last Parliament, his ideas to clean up politics and the need to deal with things like floor crossing. Floor crossing is still rampant in this place and it must be dealt with.

The idea of fixed date elections is very important to the NDP. It is a good idea. There were consultations with people who have fought for fair elections, people in the large community of democratic reform. Fair Vote Canada is non-partisan and many parties are represented in that body. Mr. Segal, Mr. Axworthy and Mr. Broadbent are involved. I am not sure if any of the Bloc members have signed on with Fair Vote Canada, but I encourage them to do so. They may want to look at Fair Vote Canada's ideas and tenets that all votes should be fair votes and that the system be fair. Part of that is fixed date elections.

When the bill was before committee we proposed amendments to it to clarify things like confidence. We put those ideas forward as something to consider.

Bill C-16 is not long. It does not deal with constitutional change. We thought that was reasonable. Mr. Broadbent put forward the same proposals, that we did not need to open the Constitution to make this kind of change, which in effect is a practice in what we are doing. It still gives Parliament the option of removing confidence from the governing party which would then trigger an election.

We believe that this was a pragmatic and reasonable thing to do. We had seen the abuse by governments before that would use the date of an election simply to make sure that it had the upper hand on the other parties. In the end what the government was doing was trying to have the upper hand on Canadians. We saw that as a manipulation of the government's responsibility and power. If the government thought it might be favourable to call an election, it would do the polling. The government would probably do cross-tabulation, where a couple of ideas are taken from different regions and put together to make sure that the government would win a majority. Inevitably, the cash would be distributed throughout the land and would fall off wagons everywhere. Money would be given to areas where the government of the day needed to shore up support.

This is clearly anti-democratic.The fact that a governing party can manipulate the date of an election for its own benefit is anti-democratic. Sadly, that has been the case with previous governments. It happened in the last majority Parliament. The Liberals saw an opportune time and called an election in order to get another majority.

In the bill we should not only address fixed date elections, but also the way in which the votes are counted. It is important to note that in the majority governments of Mr. Chrétien, notwithstanding that he had the most votes, a disproportionate number of seats were allotted to his government.

I say that not just to point to Mr. Chrétien and the Liberal Party. The same thing happened at the provincial level. I can think of the NDP winning a certain percentage of the vote and a disproportionate number of seats. Therefore, it is not about partisanship but it is a reflection of the people's will.

The fact that a fixed date election was something we could do without opening up the Constitution was fair. It is a little different than what we will be debating later today, Bill C-43, which is the idea that we can have plebiscites on who should represent citizens in the Senate and still skirt the Constitution.

I think we have pretty much tested the limits of how far we can skirt or go around the Constitution and practice with Bill C-16. I know that members of all parties agreed that Bill C-16 made sense, that we did not need to open up the Constitution. I would challenge that, though, on Bill C-43 which we will be debating later.

Juxtaposed to Bill C-16, when we look at having plebiscites to have people decide which person they want representing them in the Senate and then go to the Prime Minister, and then the person would be appointed, it skirts the Constitution a little too far. In fact, it says that is about as far as they will go because they do not want to touch the Constitution.

The Constitution is not a suggestion list. It is a fundamental foundation of how our country is to operate. I would suggest that Bill C-16 is a practice in terms of how the government could operate in setting an election date versus the bill we will be debating later, Bill C-43, which actually goes too far in terms of avoiding the Constitution simply because they do not want to get into the muck of a constitutional debate.

If we are serious about real, democratic reform and Senate reform, then we need to address it and not run from it. Bill C-16 gave us the opportunity to take away the potential abuse of governments to use an election date for their own political partisan advance.

When we looked at the act we proposed amendments and the Bloc proposed some amendments. We have heard some dates from Bloc members for the fixed election date. However, I concur with other members who suggested that having it in the spring was not doable and having it at certain times in the fall was not doable.

The timing we came up with is perfectly reasonable to compromise in terms of meeting the needs of all Canadians from coast to coast to coast, be it those who live in rural areas or in the north. I think the timing of having it in the fall makes perfect sense, particularly for our farming communities that need time to bring in the crop and the harvest. Having an election after that is what we have in front of us.

I want to turn my attention now to the amendment that came from the Senate. As my colleague from Winnipeg Centre suggested, we do take issue with the author of this amendment and where it comes from. However, it is important to look at the amendment. It is not a long amendment. It simply brings up a point that, quite frankly, was not debated extensively in committee. It was to take a look at the religious significance of a provincial or municipal election, or a federal, provincial or a municipal referendum, and that the chief electoral officer may change the date of the fixed election.

Therefore, it still ascribes to the chief electoral officer the fact that he or she must follow the actual fixed election date calender generally but if these circumstances occur, there is the option that he or she may, not must, change the date.

Particularly for my friends in the Bloc, I would like to think of a circumstance where there is a referendum at the provincial level. Quebec has had this experience more than any other province in Canada. Would it make sense to actually have a fixed date for a federal election set, and at the same time there is a provincial referendum? As we know, a referendum in Quebec often does not just take the attention of Quebeckers. It often takes the attention of the whole country, as it should. It is about the federation itself.

It is reasonable for the chief electoral officer to look at the election date and, if he or she sees a conflict, he or she may decide that we should not have a federal election on the same date as, for example a referendum in Quebec on something as potent as whether Quebec remains in the federation. That is an example of why we should look at this.

This amendment would not change the spirit of the bill. It is simply a what-if scenario. As I have already mentioned and underlined, it would give the chief electoral officer an option. As an officer of Parliament, the chief electoral officer has certain key responsibilities, one being that he or she is accountable to Parliament and must abide by legislation of Parliament.

Bill C-16 , which is in front of us, has been agreed to and passed. The chief electoral officer would need to abide by it as a responsible officer of Parliament. It would simply provide the chief electoral office with the opportunity, if there is a conflict, to deal with it.

As my colleague from Winnipeg Centre said, notwithstanding that we have some problems with the messenger, although we will not shoot the messenger, in this case the Senate having sent it to us, the message is something that we certainly can live with. For that reason, we will quietly support the amendment. It is common sense but it could probably have been done by giving the authority to the chief electoral officer at another time. However, it is in front of us now and that is why it is important to acknowledge it and take a position on it now.

I want to move now to what the bill will mean, when it is passed, in terms of Canadians' confidence in our electoral system. Many more things need to be done in terms of real democratic reform to ensure every vote counts. I submit that at this point in the history of our country we do not have a system where every vote counts. However, at least this will be an opportunity to let Canadians know that, in this case, the next election will be in 2009.

We only need to look at the past couple of weeks where, sadly, the discussions and discourse in the House and around the country have been all about whether there will be an election, yes or no, and whether the government is in a position to get its elusive majority.

On the weekend, CBC had an interesting comedic overview of that. A skit was conducted as a sports broadcast and people were doing a comedy of what it is like when discussing politics. One asked, “Jim, do you think there is going to be an election?” The other responded no and they decided to discuss it the next day. They would act out the following day and have a commentary on whether there was going to be an election.

It is certainly an interesting conversation for some of us but for most Canadians it is an incredible waste of time, not to mention ink, airwaves and electricity. We should be spending our time talking about what we can do in Parliament, not speculating about when the election will be.

Canadians did not send us here to talk about when the next election will be and it is incumbent upon all of us to keep that in mind. When I go door to door and talk to my constituents about what concerns them, it is not about when the next election will be. When they do ask me whether there will be an election, I respond that 2009 is what is in that legislation and that as far as I am concerned that is when the next election will be.

That is why it is incredibly important that we support this bill and that it goes through as quickly as possible. Therefore, I do not think it is plausible or possible to support the government's motion to send the bill back to the Senate and get into that game of Ping-Pong. We need to pass the bill now so Canadians know there is a bill that has a fixed date for elections and that any manipulations or strategic moves by the government will be seen as just that because its own act will be in front of us saying that the next election is in 2009.

The bill is important because it gives us predictability and the government would not be able to manipulate the calendar. Canadians would know that, notwithstanding all the conversations that people have had in the political chattering classes, the next election will be in 2009. The whole gamesmanship of deciding when the time has come to get a majority would be put aside and we could get on to issues that matter, like the environment, the prosperity gap and ensuring that Canadians' health system will be there for them when they need it.

At the end of the day those are the issues that matter to Canadians, not whether the government can pull the plug, call an election and get a majority to do whatever it plans to do. I have some concerns about what the present government would do if it had a majority but I will not go down that path.

I was on the committee studying Bill C-16 and we looked at other jurisdictions. Ontario now has fixed date elections and it has been the practice in many other countries. Some people had concerns that this would mirror the American political model. I would allay their fears because we have other jurisdictions in Europe and elsewhere with Westminster traditions that have fixed date elections and it works for them.

When we do have fixed date elections we need to ensure there is no manipulation of the public purse. What I mean by that is if we had taken the suggestion of the Bloc to have fixed date elections in the spring, we could have seen the government come out with a budget with all sorts of goodies, which kind of sounds familiar, like the last budget we saw here to possibly manipulate citizens so it could get a favourable return on its investment, in other words, a majority government. Having the fixed date election in the fall makes sense.

Some work should be done on when political parties are allowed to spend money in order that we do not have a largesse of spending that benefits one party or another, whichever has the most cash in the bank so to speak. We also do not want perpetual elections like some people were concerned about with this legislation. That just requires us being responsible as parliamentarians

As my colleague from Winnipeg Centre just mentioned, we need to look at election expenses and the rules around election expenses and we need to tighten that up. My colleague put forward amendments to Bill C-2 to tighten that up so people would not have an advantage of playing around with finances to benefit them. When we get this bill passed, and I hope it is sooner rather than later, we will need to keep our eye on that. As with any legislation, once the legislation is passed, it inevitably changes the way things are done. We will need to look at the effects the bill might have on things like election expenses.

We hope people will not get into the habit spending a lot of money before a writ as well as during a writ because they know an election is coming, or we have candidates who are playing around with loopholes in the Election Expenses Act, like loans from someone with deep pockets and who owns a fairly large multinational corporation. We saw that in certain leadership contests where they did not pay back the loan and it is no problem. We must plug that loophole but there are others, people who own car dealerships, et cetera.

Work still needs to be done to make things fairer but this bill is a good start. Canadians will now know exactly when the next election will be. We need to focus on the bill, on what it sets out to do and on what all Canadians believe it should do, which is to give us a fixed election date. The government would no longer be able to play around and try to orchestrate its own defeat. We have responsible work being done in the House and taking away the government's ability to manipulate the date of an election will bring more fairness to the system.

We will talk at another time about what we can do in terms of reforming our democratic system but this is the first start. The NDP is proud that the government adopted our idea and we support it fully.

Canada Elections ActGovernment Orders

April 23rd, 2007 / 1 p.m.
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Bloc

Michel Guimond Bloc Montmorency—Charlevoix—Haute-Côte-Nord, QC

Mr. Speaker, I will answer the second question. I have confidence in the new Chief Electoral Officer, Marc Mayrand. He appeared before us in the Standing Committee on Procedure and House Affairs and told us about his work history. I had complete and utter confidence in Mr. Kingsley, as I have complete and utter confidence in everyone at the office of the Chief Electoral Officer. However, rejecting this amendment is not a reflection of lack of confidence. It would be an aberration to include in legislation that a federal, provincial or municipal referendum could cause a change of date. We will simply avoid that risk and we will reject the amendment from the Liberal senators. It will not be included and the Chief Electoral Officer will therefore not have to make a possibly controversial decision.

I want to thank my colleague for reminding me about municipal elections. That was indeed one of the reasons why I asked that this be changed to May. I had forgotten. I raised this point to mention that I found and still find this bill to be flawed. It can be improved. In Quebec, municipal elections are also held the first Sunday in November. Under Bill C-16, we will have—

Canada Elections ActGovernment Orders

April 23rd, 2007 / 12:45 p.m.
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Bloc

Michel Guimond Bloc Montmorency—Charlevoix—Haute-Côte-Nord, QC

Mr. Speaker, I am pleased to rise to speak to the motion before us here today.

First of all, I would like to inform the government that the Bloc Québécois will support this motion that the House reject the amendment proposed by the Senate to Bill C-16, for the simple reason that it appears to be a dilatory amendment.

I would like to talk a little bit about the other chamber. It is made up of non-elected people who are appointed based on political patronage. We still maintain that the value of the Senate remains to be proven and this amendment reflects that.

Indeed, the amendment proposed by the Liberal senators in the other place ensures that a federal, provincial or municipal referendum would change the application of Bill C-16, which calls for fixed date elections. We could understand a federal referendum. We could also understand that there could be a provincial referendum. However, a municipal referendum is a different matter. First, we need only think of the number of municipalities in Quebec and Canada. Second, consider the number of issues that can lead to a municipal referendum.

My colleague the Minister of Transport, Infrastructure and Communities was a municipal councillor here, in Gatineau. I do not know if he was in municipal politics when he lived in the Quebec City region, before becoming member for La Peltrie.

I was a municipal councillor in Boischatel, where I live, from 1987 to 1993. In municipal democracy, there are many reasons for holding a referendum. Citizens may sign the register to oppose a zoning change or a bylaw. In Boischatel, we almost had a referendum. There was opposition to replacing the police force vehicles. We could have made the decision to hold a referendum on replacing those vehicles, which had about 385,000 km, which would have cost several thousand dollars.

Imagine how ridiculous the Senate amendment is: a municipal referendum could lead to Canadian elections being postponed and this law becoming inoperative. In my mind this clearly demonstrates that the amendment is frivolous and ridiculous. That is why we agree with the government that this Senate amendment should be defeated.

In the last few minutes allocated to me, I would like to discuss Bill C-16. The Bloc Québécois reaffirmed that it is in favour of the principle of the bill that was studied by the Standing Committee on Procedure and House Affairs, of which I am co-chair.

We had some reservations about the date chosen as polling day by the government, the third Monday in October. We would have expected the government to be a little more open-minded for one, simple reason: the members of the Bloc Québécois suggested the second Monday in May, a somewhat more pleasant time of year in terms of temperature. It is possible to have snow on the third Monday of October. That is the reality in a northern country, and in certain regions where the snow arrives earlier than in others. It is possible, although highly unlikely, that there could be a snowstorm in Windsor on the third Monday of October. However, in northern Quebec, Nunavut, Yukon or Labrador it is plausible that there would be a snowstorm on the third Monday of October.

That is why we in the Bloc Québécois proposed the second Monday in May. We introduced an amendment, but it was defeated in committee. That is democracy in action. We also suggested that the third Monday in October not be chosen simply because in Canada and Quebec, the Thanksgiving holiday always falls on the second Monday in October. Because of religious tradition or the Roman calendar, Easter never falls on the same date. Whereas Thanksgiving is always celebrated on the second Monday in October, whether that day is October 9, 10 or 12.

Advance polling will therefore take place on Thanksgiving weekend. This is probably the last long weekend when people can visit family out of town, and it is a time when people may be busier than usual, because they have to close up their vacation homes and cottages, turn off the water and so on. In addition, people travel across the border, as they take advantage of the long weekend to go away. If the third Monday in October were chosen, advance polling would take place on the second Monday in October, on Thanksgiving weekend. We believed that, to a certain extent, this could work against our goal of having the highest possible voter turnout.

Yesterday, the voter turnout in France was 84% or 85%. Clearly, they have a healthy democracy. Furthermore, a review of participation rates in federal elections here since 1960 reveals a downward slope, which is cause for concern. Duly elected representatives of the population are being chosen by fewer and fewer people over the years. People are losing interest in politics. Obviously, this is not good for democracy. That is why we, the Bloc Québécois, have suggested another date.

I would note that Bill C-16 would remove the Prime Minister's prerogative to call a general election at the most propitious and convenient time. Prime Minister Chrétien excelled at that. Our fusty senators' amendment comes as no surprise, because, quite simply, they want to hang on to the old-fashioned approach that enables them to bamboozle the opposition parties.

Prime Minister Chrétien was an expert at this. As soon as an opposition party got a new leader, Prime Minister Chrétien used the opportunity to call a snap election, thereby taking advantage of the newly elected leader's inexperience and the leadership convention, which is, of course, an event that divides the members of Parliament belonging to that party, who have to take sides and support one candidate or the other.

It is clear that the wounds have not yet healed among the Liberals on this side of the House who participated in the last leadership convention, which the current Leader of the Opposition won. A leadership race is a divisive event. Anyone who needs to be convinced of that has only to look at how Prime Minister Chrétien handled himself.

My party leader, the hon. member for Laurier—Sainte-Marie, was elected leader of the Bloc Québécois on March 15, 1997. Then, we had a general election on June 2, 1997.

On July 8, 2000, the Minister of Public Safety was elected leader of the Canadian Alliance. We have nearly forgotten that that party was once called the Reform Party. The party has changed names a number of times. It reminds me of new Coke, classic Coke and Coke zero. We have had a hard time keeping track of this party's name over the past few years. Its current name is the Conservative Party of Canada.

So, on July 8, 2000, the current public safety minister was chosen as party leader following the Canadian Alliance leadership race. Prime Minister Chrétien called an election to be held November 27, 2000, although the previous election had taken place on June 2, 1997, within the normal, usual or standard timeframe of four years. In fact, as we all know, the Constitution states that a term can last for up to five years, but the normal length is four years. Prime Minister Chrétien therefore took advantage of this opportunity to call an election.

On March 20, 2004, the current Prime Minister was elected leader of the Conservative Party of Canada and an election was called for June 28, 2004, once again, within the four-year time frame, on the occasion of a change in party leader.

Thus, I feel that Bill C-16 would remove the Prime Minister's prerogative to call an election when he or she feels the planets are best aligned to take the opposition parties by surprise.

For all these reasons—and I am sure we will have the opportunity to further discuss Bill C-16—I would like to reiterate that the Bloc Québécois will support this motion to reject the Senate's proposed amendment to Bill C-16.

Canada Elections ActGovernment Orders

April 23rd, 2007 / 12:25 p.m.
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Liberal

Stephen Owen Liberal Vancouver Quadra, BC

Mr. Speaker, let me say at the outset that the official opposition in the House of Commons supports Bill C-16. When it was before this House earlier, we supported it wholeheartedly and spoke energetically in favour of it.

Repeatedly the House leader of the government speaks of irony. In fact, I think the walls of this extraordinary chamber are dripping with irony after his speech. However, he speaks of irony in the sense of delay, and of course the delay is on the part of the government on this unnecessary challenge of that minor amendment today.

Let me look at the other initiatives around delay. The House leader speaks of Bill C-43 and the delay there, but we started that last week. The government waited four months after tabling Bill C-43, the election through consultation of senators, to bring it forward. Why not four months ago?

He talked about Bill S-4, the bill on fixed terms for senators, and the fact that it has been held up in the Senate for over a year. This has not been held up in the Senate because of Bill S-4, because there is agreement on that. What there is not agreement on is that we should have the election of senators through consultation with the provinces, or whatever, before we redistribute the seats of the Senate fairly across this country.

How can any member of this House, and particularly of the government, support Bill S-4 without first supporting the other Senate motion to redistribute seats so there is less of the imbalance that so thoroughly disfavours Alberta and British Columbia at this time? I have colleagues in the government side from Alberta and British Columbia. It is inconceivable to me that they would think of altering in any way the status, the mandate, the credibility or the validation of the Senate without first sorting out that extremely unfair distribution for western Canada. This is where we are on that.

On Bill C-16, it is doublespeak, it is Orwellian, to hear the government House leader speak today about the Liberal side or Liberal senators delaying it. Good heavens, we could have had this passed before the Easter recess. We offered to rush it right through, get it to the Governor General and make it law before we left, but no, some bogus concept of this minor amendment as somehow frustrating the will of Parliament, the will of this House, was thrown up as a delaying tactic.

My goodness, the Conservatives refer to a referendum, as if a referendum called in some small municipality somewhere in this country would be allowed to dislodge the fixed election date. What we have to remember is that this would be with the discretion of the Chief Electoral Officer, an officer of Parliament, in one of the most respected senior offices in this country and one of the offices most critical to the fair operation of our democratic process. It is nonsense to expect that this person at his or her discretion would knock off a federal date that had been set for four years in advance because of some local referendum. It is just nonsense. It would not happen and it could not happen. Therefore, that is no reason to slow this down.

The government House leader speaks of disrespect or whatever in the other place where they would dare make a minor amendment to a House bill that has gone through this process and was supported by all parties. The Senate, whatever one thinks about elected or non-elected legislative chambers at this stage in our democracy, exists as part of our democratic machinery. We all have some firm minds about that, I think, including in the Senate, in terms of having some election process for senators. However, the Senate exists as part of our democratic machinery. It has a very specific purpose, which of course is to bring second sober thought to what is thoughtfully determined in this House. When it finds some area where it feels a bill can be made better, the Senate has the perfect right and the democratic responsibility to suggest an amendment, which is what has been done in this case.

I can recall the process last fall when Bill C-2, the Federal Accountability Act, passed through the House after several months of debate in committee and in the House. It then went to the Senate and we heard wailing and complaining from the government side that the Senate somehow was wasting everybody's time with this critical piece of legislation by not simply rubber-stamping it.

I think we all know now what happened in the Senate. There were over 100 amendments because it was a sloppy bill. There was no time as it was rushed through the process in the House. The Senate exercised its responsibilities properly by carefully looking at that massive, complex piece of legislation involving dozens of other statutes that needed to be amended as a consequence of it. The Senate came up with sensible, helpful arrangements and amendments that the House then of course accepted. That was not delay. That was the Senate doing its work in our democratic framework of institutions.

I will go back to this issue of electing, through consulting provincial bodies during provincial elections, for the appointment of senators into vacancies that happen in any one of those jurisdictions. I simply will say that this is a good piece. Let us get that moving. Why did we wait four months? Why have we waited a year without some serious consequence and a discussion of redistribution?

Let me just turn, then, to Bill C-16 itself, because this is a completely appropriate piece of legislation. It was supported in this House. Adding a final little fail-safe in case there could be a problem through a referendum process is just good sense. The Senate has suggested that, which is what we are debating here today. We are in favour of that and therefore are opposed to the government's motion.

In regard to Bill C-16 itself and fixed election dates, we know, and the House debates on Bill C-16 I think made it very clear through speeches on behalf of all parties, that this is a sensible further step in the democratic reform of Canada. It was made very clear that the overwhelming number of democracies in the world have fixed election dates and that there is a range of advantages to fixed election dates, including that it gives some predictability to government business.

Therefore, the government can put forward legislation and have the effective administration of legislation, with a timetable, knowing that it will not be dislodged short of a non-confidence vote or a national emergency. Therefore, the business of the government and the people of Canada can be done more efficiently. It can also be done more efficiently in terms of cost. Having an electoral commission and electoral office idling full time to be ready for an election that could come at any day is not an efficient use of resources.

This is also effective in terms of voter turnout, which is perhaps one of the most critical issues of fixed election dates, something with which I think all members and all parties of this House have been in agreement. For people who are first time voters, be they students, new Canadians or seniors, we can have civics classes in schools, universities and communities to ensure that people are fully engaged in the electoral discussion of the various policies being put forward in the election by various parties. That could enhance interest and voter turnout, which of course leads to a healthier democracy.

Of course in a country such as Canada it is also immensely important to have a fixed date that avoids inclement weather. The last election in this country was held in winter. Sadly, we saw a continued reduction in voter turnout and of course, unless one has the very good fortune to live in Vancouver as I do, winter weather can be very disruptive to voter turnout. That is very important. We also want to avoid the summer holiday breaks, which we can by having a fixed election date in the early fall or late spring, in order to increase voter turnout.

For all of these reasons, it is good sound public policy and we all support it, so good heavens, let us get on with it. Let us not delay this any further. The concept of a referendum in a small community is so inconceivable as to be insignificant. It should not slow down the passage of this legislation. With the support of members of the House today, and with the vote tomorrow, I believe, or whenever we are going to vote on this, we could have this as the law of Canada and as real democratic reform and we could have it immediately.

I just suggest that it is a test to the sincerity of every member of the House in terms of the need for this reform, that we not be distracted by a small amendment. It is the result of the Senate doing its job of carefully looking to see if it could possibly be improved, which to the credit of the House, could only be improved by a tiny amendment of really no consequence at all.

I speak in opposition to rejecting this amendment and in full support of moving ahead quickly in the House right now, so that it can go on to the Governor General and become law as soon as possible.

Canada Elections ActGovernment Orders

April 23rd, 2007 / 12:15 p.m.
See context

Conservative

Peter Van Loan Conservative York—Simcoe, ON

Mr. Speaker, I can understand why members of the Liberal Party are anxious to avoid an early election at any cost and why they fear there are conspiracy theories out there as reasons why this would be happening. I know the member for Vancouver Quadra is not looking to avoid an election in that way because he is planning on retiring from the House after many years of good service, but his colleagues fear meeting the voters one more time. Perhaps that is why they are anxious to see this happen quickly.

However, as I pointed out earlier, the bill could have been law right now had the Senate passed it without inserting this objectionable amendment. Members need to think about how this amendment was inserted. The bill was there for just about half a year and over that time the amendment was never discussed or put forward in committee. The Senate dealt with the bill at committee where it was approved as it existed coming from the House. It was only on the very last day, at the very last minute, that the amendment was proposed at third reading and was attached to the bill.

If the member wants to know who was playing games, it is pretty clear where the games were being played. They were being played in the Senate where the amendment was attached at the very last minute.

That is not acceptable to us. We have made it clear why the change is unacceptable. Had the amendment been proposed at committee, there would have been an opportunity for it to be examined there, but the Senate did not do that. It was attached right at the end.

If the Liberals are concerned that it has not become law yet, they need only look at their friends in the Liberal dominated Senate, who chose to keep the bill from becoming law by attaching the amendment. They chose to water down the bill with the amendment, and that is the most significant part. It creates more opportunities for fixed date elections to be cancelled. It creates more opportunity for manipulation and uncertainty in our system. That is exactly what Bill C-16 was seeking to prevent.

By telling the Senate that we want it to restore the original intent of the bill, that fixed date elections will indeed be fixed date elections, we would be strengthening our democracy in a very positive way.