Bill C-43 (Historical)
Senate Appointment Consultations Act
An Act to provide for consultations with electors on their preferences for appointments to the Senate
This bill was last introduced in the 39th Parliament, 1st Session, which ended in October 2007.
Rob Nicholson Conservative
Not active, as of Dec. 13, 2006
(This bill did not become law.)
This is from the published bill. The Library of Parliament often publishes better independent summaries.
This enactment provides for the consultation of electors in a province with respect to their preferences for the appointment of Senators to represent the province.
Part 1 provides for the administration of a consultation, which is exercised under the general direction and supervision of the Chief Electoral Officer.
Part 2 provides for the holding of a consultation, initiated by an order of the Governor in Council.
Part 3 provides for a process whereby prospective nominees may confirm their nominations with the Chief Electoral Officer.
Part 4 addresses voting by electors in a consultation.
Part 5 sets out the rules for the counting of votes pursuant to a preferential system, which takes into account the first and subsequent preferences of electors as indicated on their ballots.
Parts 6 and 7 deal with communications and third party advertising in relation to consultations.
Part 8 addresses financial administration by nominees.
Part 9 provides for the enforcement of the enactment, including the establishment of offences and punishments for contraventions of certain provisions.
Part 10 contains transitional provisions, consequential amendments to the Canada Elections Act and the Income Tax Act, coordinating amendments and commencement provisions.
April 9th, 2008 / 3:55 p.m.
Chief Electoral Officer, Elections Canada
March 5th, 2008 / 4:25 p.m.
Senior General Counsel, Constitutional and Administrative Law Section, Department of Justice
Well, it would be possible to have a bill that, as a vehicle--and it's been done in the past--proposes an amendment to the Constitution Act, 1867, that is textually, and also provides for other provisions.
In fact, if you were to look at the Nunavut Act, you would see that it has amendments that amended the Constitution Act, 1867 by adding a senator for Nunavut and representation in the House of Commons. Those were actual textual constitutional amendments. And then it went on to provide for the Government of Nunavut in the Nunavut Act.
So you can have a bill that's a vehicle for that. But this is not what has been attempted here, and I think the government's position both on this and on the previous bills, Bill S-4 and Bill C-43, is that these are independent legislative measures. They go towards a broader view of reforming the Senate, but they stand alone, and they stand on their merits to be voted up or down accordingly.
The Constitution Act, 2007 (Democratic Representation)
February 13th, 2008 / 4:35 p.m.
Pierre Paquette Joliette, QC
Mr. Speaker, I have mixed feelings at the beginning of my speech on Bill C-22. On the one hand, I am extremely proud to rise and protect the representation of the Quebec nation in the House and express my total opposition to Bill C-22. On the other, though, I have a hard time understanding the Conservatives’ obsession with repeatedly returning with bills they think are democratic pseudo-reforms.
Earlier this week, we considered the Senate consultation bill. As I said, these bills are not really priorities in my view. In the case of the Senate, we should be talking instead about abolishing an institution inherited from the British monarchy and colonial times. Bill C-22, which we are considering today, is totally at odds with the House’s and Canada’s recognition of the Quebec nation. Instead of talking about this kind of thing, I would have preferred to be here debating a bill to increase the assistance for the manufacturing and forestry industries—something that our fellow citizens need much more urgently than some review of the representation in the House of Commons or an attempt to revamp an irrelevant and completely outmoded institution like the Senate.
We could have been debating the proposals brought forward by the Bloc Québécois over the last few weeks to establish a technological partnership. This program used to exist, but the Conservatives killed it. It could be a $500 million program to encourage technological innovation. There is also the $1.5 billion loan program to help companies procure new equipment, as well as the $1.5 billion investment in the employment insurance fund, especially to establish an income support program for older workers.
Last year, 50,000 jobs were lost in Quebec. Jobs were lost in manufacturing of course. Some 150,000 have been lost over the last five years, most of them since the Conservatives came to power. There is an urgent need, therefore, to debate this plan and implement it.
Instead of that, there are bills being put before us this week, as I said, proposing a pseudo-democratic reform. As I said, I am of two minds. I would have preferred to discuss a plan to improve things for the manufacturing and forestry industries. Now that we have to discuss Bill C-22, I am extremely proud to see that the Bloc Québécois members are the only ones in this House standing up for Quebec’s interests. Even the members in the other parties who come from Quebec are not taking that approach. I would not say they do not have that courage, because that is not their mission. They are here to stand up for Canada and not to stand up for the interests of the Quebec nation. It is unfortunate, however, to see that in this case they are living up to their reputation. The only ones who care truly and without compromise about standing up for the interests of the Quebec nation are the Bloc Québécois members. I believe that the debate on Bill C-22 will provide further evidence of the need for a party like ours here in this House. Its value is undeniable, since no one else here is standing up for the interests of the Quebec nation.
We may well look at Bill C-22 from every angle and every side, and argue about how the various provinces are to be represented based on the changing demographics of Canada, but one thing will remain: objectively, this bill would marginalize the Quebec nation in terms of its position in federal institutions, and in particular, in this case, in the House of Commons.
For example, with the proposal before us, we will in fact be preserving the 75 members for the Quebec nation in this House, but since the total number of members is being increased, the proportion that the members from Quebec represent will fall from 24.4% to 22.7%. Obviously, that will continue, because as we know there is an economic boom happening in western Canada that is attracting large numbers of people who are coming either from the other provinces or from outside the country. So today it is being proposed that we go a step farther, because there have been other steps taken in the past, to marginalize the Quebec nation in the House of Commons.
The House of Commons has recognized the Quebec nation. Canada and the Canadian nation have recognized that there is a nation that is called the Quebec nation.
We have to ensure that the political weight of the Quebec nation is preserved over time.
I would remind the House that in 1840 the Act of Union brought together Upper Canada and Lower Canada, even though Lower Canada had no debt at the time—as I recall—and was much more populous. Lower Canada and its representatives agreed that Upper Canada, which had a large debt that was absorbed and a smaller population, would have exactly the same number of elected members. The people’s representatives at that time believed that there were truly two founding peoples who were coming together in a union.
I recall the speech I have read in which the representatives of Lower Canada, while recognizing that the population of Lower Canada was larger, agreed, in order to create this common political landscape, that Upper Canada would have the same number of representatives as they had.
That is the spirit that should guide all the parties in this House. They must recognize that within the Canadian political landscape there are at least two nations. In fact, there are more than that because there are also our first nations and, in my view, the Acadian nation. At present, they are not asking for any representation. That is their problem. But we feel that it is necessary to ensure that the representation of the Quebec nation, regardless of the distribution formula that may be used, is not reduced and is maintained at 25%.
That is the gist of the remarks that we will be making in the next few days. We are not talking about a province. Quebec is not a province. The Quebec state and territory are the seat of a nation that must be heard in the House of Commons; that must also have a relationship of equals with the Canadian nation. That is the great problem of Canada. It is not relations between Quebec and Canada that are the problem. It is not Quebec that causes problems in Canada as a whole. The problem is that Canada was founded on the illusion that it was made up of 10 provinces that are all equal in law and all the same, which is not true.
Canada is made up of many nations within the Canadian political landscape. It is the lack of recognition of this multinational reality that has caused a crisis in Canada for at least 30 years. The proof is right here in this House. The Conservatives are strong in the west; the Liberals are strong in Ontario; the Bloc has represented the majority of Quebec for several elections—five, if memory serves—and the NDP is all over the map. But, there is currently no pan-Canadian party. There are regional parties that defend different realities.
Had we recognized the existence of different nations within the Canadian political landscape and tried to build a political structure around that, perhaps there would not be the continuing crisis, decade after decade. Now, it is too late.
There have been attempts to tinker with the system during recent years. I am thinking of the Charlottetown and the Meech Lake accords. Now, it is very clear to more and more Quebeckers that the future lies with sovereignty for Quebec; that is a 100% repatriation of our political powers. It is not enough to try to protect, as I am now doing, 25% representation in the House of Commons.
In the meantime, however, as long as we are within the Canadian political landscape, as long as we are paying taxes to the federal government, we must ensure that we are heard as a nation and that we have the necessary representation. In our view, 25% is minimal. That now represents more or less Quebec's population within Canada. Thus, Quebec would have the opportunity to have its say here.
This goes completely against the motion adopted here. In fact, I repeat, they are trying to address the question of electoral representation through the lens of 10 provinces that must have more or less equitable representation in terms of the ratio between the member and the population represented. That is not what we are talking about, nor what we should be talking about. Instead, we should be talking about ensuring that, within each of these nations, there is adequate representation to reflect the reality of all regions of Canada and Quebec.
In that sense, if certain regions of Canada ask to have greater representation because their population has grown, so be it.
We should redistribute the seats for the entire Canadian nation to reflect the current reality. Otherwise, if we increase the number of seats for western Canada or Ontario, we must ensure that the 25% Quebec representation is maintained and proportionally increase that representation. Any number of formulas are possible, but for us, this is non negotiable. As long as we are part of Canada, we must ensure that the voice of the Quebec people can be adequately heard. That means we need a minimum representation of 25% in this House.
I would remind the House that if the government, the Prime Minister and the other Canadian parties were to be consistent with the decision they made to recognize the Quebec nation, they would have no problem voting in favour of the bill introduced by my hon. colleague from Drummond, a bill that aims to ensure that Bill 101 applies to businesses in Quebec under federal jurisdiction. But no, it is beyond comprehension. Yet it is very simple and represents perhaps 8% of the labour force that, at present, is excluded from the application of Bill 101. This could give a boost to francization in Quebec, which has lost momentum in the past few years.
Today I introduced a bill to exempt Quebec from the application of the Canadian Multiculturalism Act. Its vision of integration, assimilation and the manner in which we receive immigrants is not at all shared by Quebec. Canada's approach to integration and immigrants is very Anglo-Saxon. In fact, Canada's model is exactly the same as Great Britain's. I respect that, if that is what Canada wishes to do. We are not interested in adding ethnic groups to the Québécois nation. On the contrary, we believe that every citizen who has chosen to come to Quebec has a contribution to make. This contribution must enrich the common culture and make it possible to forge a nation whose language is French and whose culture is Québécois. This culture consists of the contributions of all citizens who make up this nation, a specific history and a territory that belongs to this nation. We call this interculturalism. It is not the Anglo-Saxon model adopted by Canada. There must be respect for the fact that Quebec, within the Canadian political landscape, constitutes a nation recognized by Canada and by the House of Commons, and can adopt a different model, which will not be thwarted by this desire for multiculturalism, which has plagued Ottawa since the Trudeau era.
It is clear that Bill C-22 completely contradicts the interests of the Quebec nation and the recognition of the Quebec nation by the House of Commons, by the Canadian nation. It should be withdrawn altogether by this government, which is what the Quebec National Assembly is calling for. I will remind hon. members that on May 16, 2007, the National Assembly unanimously adopted a motion. The National Assembly is made up of federalists and sovereigntists—all people who fully recognize there is a nation. It is not like here, in Ottawa, where it is simply a symbolic gesture. The motion reads as follows:
THAT the National Assembly ask the Parliament of Canada to withdraw Bill C-56, An Act to amend the Constitution Act, 1867, introduced in the House of Commons last 11 May;
THAT the National Assembly also ask the Parliament of Canada to withdraw Bill C-43, An Act to provide for consultations with electors on their preferences for appointments to the Senate, whose primary purpose is to change the method of selection of senators without the consent of Québec.
Bill C-56, as the bill was known before the session was prorogued, is now Bill C-22, An Act to amend the Constitution Act, 1867 (Democratic representation). We discussed Bill C-43 at the beginning of the week. Now, Bill C-20 would essentially change the method of selection of senators without the consent of Quebec.
That the motion be amended by deleting all the words after the word “That” and substituting the following:
This House decline to give second reading to Bill C-22, An Act to amend the Constitution Act, 1867 (Democratic representation), because the bill would reduce the political weight of the Quebec nation in the House of Commons in an unacceptable manner and does not provide that 25 percent of the elected members of the House of Commons must come from Quebec.
Mr. Speaker, with your permission, I will table this amendment.
In conclusion, the Minister responsible for Intergovernmental Affairs summed up what all Quebeckers think about this when he said that as long as we are part of the Canadian political landscape—and this is a federalist talking—we must ensure that the Quebec nation has, at the very least, the minimum representation it needs to make itself heard by the Canadian nation.
Resumption of debate on Address in Reply
Speech from the Throne
October 22nd, 2007 / 12:25 p.m.
Peter Van Loan Leader of the Government in the House of Commons and Minister for Democratic Reform
Mr. Speaker, I am very pleased to open the debate on today's theme from the throne speech: strengthening the federation and our democratic institutions.
We have a great, united country whose foundation is a solid federation and a living democracy. In fact, federalism and democracy have gone hand and hand throughout Canada's history.
Our country's history is one of people joining together to achieve great dreams thought impossible by the pessimists, but it is also a history of people who, through accommodation and respect, build practical, workable approaches allowing remarkable progress to unfold.
The project of Confederation was about bringing together the different regions into a strong and united country based on democratic practices and the rule of law. Sir John A. Macdonald, George-Étienne Cartier and the Fathers of Confederation, through strong leadership united Canadians in a federal union which would deliver a future of security and prosperity for the country as a whole. Their vision was strong and enduring, a firm foundation on which successive generations have built.
Our government is continuing this nation building project today with our commitments for strengthening the federation and our democratic institutions. Strong leadership and a better Canada: that is our objective.
I would like to spend my time today discussing the progress we have already made in this area and highlighting our plans for this new session of Parliament.
Our government made a commitment to practise open federalism, and it is taking steps to ensure that our country is prosperous and united.
Our approach is not new, but it is based on the very principles underlying Confederation.
The union was based on a simple concept: the division of powers between the federal and provincial governments. The objective was not to have a weak, passive federal government, but a government that would respect the provinces' areas of jurisdiction.
Provincial governments are closer to their citizens and are well positioned to determine local needs and aspirations. In contrast, the federal government is well placed to protect the national interest in pursuit of the common good of the country as a whole. As the project of our Confederation first became committed to paper in the Quebec Resolutions of 1864, this approach was clear:
In the Federation of the British North American Provinces, the system of Government best adapted under existing circumstances to protect the diversified interest of the several Provinces, and secure efficiency, harmony and permanency in the working of the Union, would be a general Government, charged with matters of a common interest to the whole country; and Local Governments...charged with the control of local matters in their respective sections.
The steps we have taken recently and the measures we plan to take to create a federalism of openness will produce unprecedented efficiency, harmony and stability in the union, as the Fathers of Confederation envisioned many years ago.
Our federalism of openness means respecting provincial areas of jurisdiction, and that, in turn, means two things. First, a federal government that shows leadership in its areas of jurisdiction. Second, a federal government that unites the country by introducing fair, respectful intergovernmental policies.
We have shown strong leadership in areas of federal jurisdiction, such as strengthening our economy by cutting taxes and helping families, in the process paying down billions on the debt and achieving the lowest national unemployment rate since I was a child; in international trade with the resolution of the softwood lumber dispute; in defence with our leadership in international aid efforts in Afghanistan; and in public safety and security with our agenda for making communities safer by tackling crime.
In the new session this leadership will continue with measures to strengthen Canada's economic union through internal free trade among the provinces; a commitment to action in protecting Canada's sovereignty, particularly in the Arctic; continued pursuit of a safer Canada beginning with the comprehensive criminal justice reforms in our Bill C-2, the tackling violent crime act.
We have treated the provincial and territorial governments with respect, which has strengthened national unity. To restore the fiscal balance within the Canadian federation, we have increased the main federal transfers and introduced a new stable, reliable, fair funding formula. We have helped build a better Canada with our historic recognition that Quebeckers form a nation within a united Canada.
Our 2007 budget contained an unprecedented long term commitment to rebuild Canada's infrastructure, amounting to a total of $33 billion over the next seven years, the largest federal investment in Canadian infrastructure in over half a century.
During this session, we will introduce a bill to place formal limits on the use of the federal spending power for new shared-cost programs in areas of exclusive provincial jurisdiction. This bill will formalize the commitments our government made in the 2006 and 2007 budgets, because it will specify the limits on federal power.
In keeping with how we see open federalism, our bill will also allow the provinces and territories to opt out of new shared-cost programs with reasonable compensation if they offer compatible programs. In addition to recognizing the provinces' and territories' ability to provide programs in their specific areas of responsibility, our bill will enable Canadians, wherever they live, to receive services comparable to those available under national programs.
Our diversity as a country serves as a source both of strength and innovation. Through our actions in open federalism, including equitable and predictable funding and clarified roles and responsibilities in our federation, we are offering a principles based approach on which all orders of government can continue to work into the future.
The vision of Macdonald and Cartier of a country united from east to west, of new Canadians and old, French and English, country and city, together dreaming great dreams and building a brighter future is alive and well and has a place deep in the heart of our government in 2007.
However, our Confederation must be more than the sum of its parts. The federal government must act as a leader in keeping the country strong and united and as a model for democratic values. To perform this leadership role, the democratic underpinnings of our government must be solid in order to continue to meet the expectations of the Canadians we serve. Our initiatives in the area of democratic reform demonstrate our government's leadership in this area. Nowhere is this more evident than our efforts to modernize our central democratic institution, a federal Parliament where the representation of both popular and provincial interests are united within the federal legislative process.
Since Confederation, Canada's Parliament has served the democratic interests of Canadians well, but the government must take action to ensure that this institution, which is the cornerstone of our representative democracy, remains strong, vibrant and adapted to the needs of Canadians in the 21st century.
Our bicameral Parliament includes two houses, the lower house here which is comprised of elected representatives of the citizens of this great country originally founded on the fundamental principle of representation by population, and the upper house which was designed to represent the regions of the country to act as a chamber of sober second thought.
However, in the contemporary era, the Senate has been unable to credibly fulfill its role as an effective representative of the regions in the federal legislative process due to fundamental concerns with legitimacy and effectiveness of that appointed and unaccountable chamber. As for the other chamber, this one, the distribution of seats in the House of Commons has shifted too far away from the principle of representation by population, resulting in the unfair under-representation of the fast growing provinces.
Our government has already taken measures to address this situation as we promised during the last election with BillC-56 introduced in the last session to enhance the principle of representation by population in the House of Commons and give fast growing provinces the representation that their population merits, and by Bills S-4 and C-43 introduced in the last session to begin the long overdue project of Senate reform.
I would like to spend a few moments discussing Senate reform. It is a priority of our government that is urgently needed to modernize our federal Parliament. We put forward an agenda for the Senate reforms that is practical and achievable. As stated in the Speech from the Throne, we will continue to pursue this agenda with the reintroduction of two important bills.
The Senate tenure bill proposed a uniform fixed term for senators of eight years. Rather than leave the length of tenure as long as 45 years, as it is currently, our bill proposed that senators be appointed to a fixed term of eight years. This is a change that would bring renewal and relevance to the Senate. This change would improve the effectiveness of the Senate. It would ensure that senators' terms were long enough for them to gain the expertise and independence necessary to act as a chamber of sober second thought, but at the same time it would ensure that the terms would not be so long as to undermine the legitimacy and credibility of the Senate as a modern institution in what we seek to declare to be a democratic country.
Unfortunately, the current unelected unaccountable Liberal senators spent over a year delaying this legislation before they finally took a decision to not take a decision. This action alone, or inaction more accurately, demonstrates clearly that the Senate must change. Its current form does not function well on this issue, or at all.
As I stated, our government intends to reintroduce the Senate term limits bill this session. I hope that the summer recess gave opposition senators some time for that sober second thought in relation to their position of inaction on this bill where they have refused to exercise their constitutional obligation to vote on the bill.
Our second Senate reform, Bill C-43, offered a means for democratizing the Senate by providing Canadians an opportunity to choose and advise who they want representing them in the Senate. It would provide for the first time an opportunity for voters across this country to have a democratic say in who sits in their Senate. This should hardly be a difficult principle to embrace in a 21st century western democracy. It would provide greater legitimacy and credibility to the work of the Senate as a democratic institution.
I was extremely pleased to attend the swearing in of Senator Bert Brown last week. He of course was popularly elected by the people of his province. I hope that we can look forward to the day when the Senate appointment consultations bill becomes law and all senators arrive in Ottawa with a democratic mandate.
As the Prime Minister has indicated, when the Senate consultations bill is reintroduced, we will be sending it to committee before second reading so that collaboration can begin on this important step toward a democratic Senate.
There are some who have suggested that governing parties of the past could maintain the status quo in the Senate out of self-interest, that we could benefit from the patronage appointments to be made and stack the chamber with partisans who would serve for decades. Our government believes that the Senate should be a democratically elected body that represents Canadians. So far, we have taken concrete steps toward that vision and they are steps that are achievable in the short term. What is more, surveys show that our agenda for term limits in a democratized Senate is strongly supported by Canadians. Surely in a democracy this above all should be a key indicator of what constitutes a good democratic reform.
The Senate must change. If it cannot be changed, it should be abolished. In its current illegitimate form the Senate does nothing to enhance our democracy, even as we aim at the same time to promote democratic values abroad.
I would now like to address a second element of the democratic reform program that we will continue to implement during this new session of Parliament: strengthening the electoral system.
A strong democracy requires both modern democratic institutions and an electoral process with integrity that inspires confidence among voters.
We have already introduced a number of measures that were passed in the last session to improve elections, which were broadly supported.
For example, Bill C-2, the Federal Accountability Act—the first legislative measure we introduced—fulfilled our campaign commitment to clean up political funding. We levelled the playing field by banning donations from companies and unions, as well as large and secret donations, so that ordinary Canadians can contribute to the political process knowing that their donations will really count.
Bill C-4 was the first bill passed in the last session. We acted quickly to ensure that the party registration rules would not sunset and that those registration rules would remain in effect at all times.
With Bill C-16, setting dates for elections, we have established a four year electoral cycle, preventing snap elections from being called solely for the partisan advantage of the governing party.
As a result, after this House provides a mandate to govern when it approves the throne speech on Wednesday, we can look forward to the next election, now set in law to take place October 19, 2009.
In Bill C-31, we implemented wide-ranging recommendations of the procedure and House affairs committee for improving the electoral process, including important measures for reducing the opportunity for voter fraud, such as a voter identification procedure for federal elections.
In addition to these bills, which are now law, we introduced additional election reforms that did not have an opportunity to pass before we prorogued.
Building on our political financing reforms in the Federal Accountability Act, Bill C-54, our new bill to clean up campaign financing, proposed bringing accountability to political loans by eliminating loans as a means for circumventing contribution limits and establishing a transparent reporting regime for campaign finance.
Building on a number of measures for improving voter accessibility, Bill C-55, our expanded voting opportunities bill, proposed additional advanced polling days to enhance opportunities and encourage higher voter turnout.
During the second session of Parliament, our government will continue to strengthen the electoral process.
As stated in the Speech from the Throne, we will introduce measures that will enable us to confirm the identity of voters by requiring them to uncover their faces before voting. Like our other reforms, this concrete measure will improve the electoral process for all Canadians.
Public concerns raised about this issue during the September 17 byelections made it clear that we must act.
During meetings of the Standing Committee on Procedure and House Affairs in September, all parties approved the decision to prioritize resolving this issue.
Our government will act quickly to resolve this issue, and I hope that I can count on the support of all members of Parliament to give Canadians the strong, fair electoral process they expect.
There is so much that makes Canada great. We are mindful of the valuable legacy bestowed upon us by the visionary leadership of Sir John A. Macdonald, George-Étienne Cartier and the Fathers of Confederation when they rendered the blueprint for what has proven to be the best country in the world. But it is our strong foundations that enable us to continue building a better Canada that is a leader in the world.
Those foundations are our federal state and our democratic spirit, but we also know, as did those Fathers of Confederation, that as the world modernizes, so must Canada. That is in fact the spirit of Confederation. It is that spirit that leads us to seek ways to strengthen our democracy and improve accountability to Canadians. We must be a democracy worthy of that name in a 21st century world.
Our government has already put forward a full agenda to fortify and modernize our federation and democracy, and we will continue to do so this session. We invite all parties in the House to join us as we build a stronger Canada with a brighter future for the generations that will follow.
Extension of Sitting Hours
June 11th, 2007 / 4:30 p.m.
Laurie Hawn Edmonton Centre, AB
Mr. Speaker, I listened with interest to the member say that from April 23 to May 4 we did not discuss anything of consequence in the House. I guess that includes the four opposition days, which she must consider inconsequential. I guess that includes Bills C-40, C-43, C-48, C-10, C-22, democratic reform bills, finance bills, Criminal Code bills, two justice bills. I guess in the hon. member's opinion none of these are consequential.
All those things are pretty consequential to the constituents in my riding who care about Senate reform, safe streets and finance bills. They are very important. Does the hon. member truly considers those things inconsequential?
Canada Elections Act
May 30th, 2007 / 4:15 p.m.
Stephen Owen Vancouver Quadra, BC
Mr. Speaker, the debate on Bill C-55 provides the opportunity for us to have a wider debate as well on democratic reform.
However we might support the bill, and I support it very strongly to give greater opportunities for individual electors to get to the polls and vote, there is a difficulty with the government's approach to democratic reform as a whole. This is one other example of issues being brought to the House in both a piecemeal fashion, instead of a comprehensive way, as well as in a way that has involved no consultation with the other parties, the provinces or the public in general.
It is passing strange that we have seen a series of piecemeal bills not dealing comprehensively with either Senate reform, electoral reform or parliamentary reform, but trying to nick them off one at a time. They are done in the name of greater public engagement, when the public, nor Parliament, nor the other parties and provinces are engaged in consultation beforehand to see what might be the best way to move forward to ensure that these various elements of electoral, parliamentary and Senate reform are going ahead in a comprehensive way that makes sense with each other and do not give rise to unintended or, even worse, intended consequences of the government.
Let us look at this approach with respect to other aspects of, in this case, electoral reform. Cooperation and collaboration is immensely important, especially in this complex federation in which are fortunate enough to live. We have many levels of government, constitutional divisions of power and high sensitivities to overlapping powers and impacts that actions and legislation in one level or order of government may have on another. That is why it is so important to have full consultation. Let me speak to a few.
Bill C-56 would attempt to better reflect the constitutional principle of representation by population by adding extra seats to British Columbia, Alberta and Ontario. This sounds like, in constitutional principle, a very valid objective with which to go forward.
It can be said that this is something within the individual competence of the Parliament of Canada with which provincial and territorial governments do not have to give their consent. However, that completely misses the complex nature of our country and the need for collaboration among different levels of government to make things happen in a way that best reflects the interests of the whole country and does not lead to any unintended consequences.
Bill C-56 has been introduced and it sounds good. I am a member of Parliament from British Columbia and British Columbia is to get seven extra seats to bring it up to representation by population, as with the five extra seats in Alberta. However, almost immediately we get a unanimous vote in the motion condemning this by the National Assembly of Quebec. Within a week of that, we get both the Conservative leader in the Ontario legislature plus the Premier of Ontario saying that they are against it and are considering legal action on the basis that this is inappropriate.
Since the bill has been discussed, we have heard in the last two weeks concern expressed from members from the prairie provinces, Manitoba and Saskatchewan. They feel their relative influence in the House may be slipping even though their absolute numbers stay the same. We have also heard from MPs from Atlantic Canada who may be protected in certain ways from having their absolute numbers slip, but are worried about their declining influence in the House.
That is not to say they all have to be completely taken into full account. There may be, and obviously is in this case, some kind of negotiation and collaboration that has to go forward so the range of interests in the House, reflecting the interests of the different regions of the country, is properly protected and balanced. But that requires consultation.
That is why we would like Bill C-56 to go to committee before second reading, so there can be the fullest scope for the consultation to take place and that we in committee, as members of Parliament individually, can consult with the various provinces that have various information on it.
One of the most foundational issues of conflict resolution, and there seems to be conflict in this case, is that we involve everyone in the discussion who is affected by it. They will be interested in it and perhaps have the best information about it, without trying to prejudge that.
I raise that as an issue, as a bit of a paradox of putting forward legislation that is meant to make things more democratic, when in fact it is cutting off a prior consultation that would be effective in making the democracy more effective.
That takes me to issues of the Senate, and they were raised by the government House leader. He raised the issue of Bill S-4, which would limit the terms of senators. Let me take a step back and again reflect that this is piecemeal and without adequate consultation.
There is a complaint that this has been stuck in the Senate for a year. In fact, a very important motion was put before the Senate, which is very much related to this, by former Senator Jack Austin and the sole remaining Progressive Conservative senator, Senator Lowell Murray. It would look to the addition of seats to western Canada in the Senate, to bring some proportionality to the regions of Canada, which was intended by our founding fathers, the Fathers of Confederation.
That raises the issue of distribution again, which makes it very clear why piecemeal approaches to Senate reform, electoral reform and parliamentary reform are so inappropriate. If we look at the Senate, there are three critical areas of the other place that must be respected if we are to have change. I think we all agree, including members of the Senate, that a modern democracy should not have a legislative assembly which is non-elected. It is how we get there that is important. To get there, we have to deal with three things simultaneously in Senate reform.
One is the selection process, and that could be both the terms and the fixed dates that have been suggested in Bill S-4. It also could become the selection process and the consultative elections that have been suggested in Bill C-43. The problem is that this is only one of three categories.
Another category is the mandate of the other place. Is it to be, as it is now, a mirror image of the legislative authority, only altered by convention of this place, that creates the expectation of deference at some stage after full debate in both places, or is there to be something different?
If it exactly the same, and electoral legitimacy is equal by elected senators or consultatively elected senators, however Bill C-43 puts it, then we will risk gridlock and that we must avoid. To deal with that, we must have either different mandates or offset mandates or a dispute resolution clause to deal with problems that might arise between the Houses of Parliament. Therefore, a second stage is neglected in just dealing with Bill S-4 or Bill C-43.
A third area, and perhaps in many ways in terms of the health of our Confederation the most important, is the distribution of Senate seats across the country. I notice in Bill C-56 there is an attempt to arrange for better representation. I say attempt because, as I have mentioned, the government has not done the proper consultation to get the very best answer for that. There is no enthusiasm whatsoever to contemporaneously, in looking for Senate elections or Senate set terms, look at distribution, and most important, the extraordinarily inequitable distribution across the country with respect to western Canada.
It is hard to imagine that members of the government, who represent ridings in western Canada, could possibly be in favour, including the Prime Minister, of trying to give more status, more validity to the other place as a legislative body without first fixing the inequitable distribution across the west. That is passing strange, but it is another example of doing things piecemeal without proper consultation and without dealing with them comprehensively.
Let us look for a moment at electoral reform, because this is immensely important to members of the House. It is part of the old Bill C-55, which attempts to address a small corner of electoral reform.
We have a suggested consultative process by the government, which put out tenders to hire a polling firm and then hire, some would say, a think tank. In fact, it turns out to be Frontier Centre in Winnipeg, which has published works against notions of proportionality to amend, improve and reform our electoral system. It is to hold so-called deliberative, closed door meetings in a few centres in the country, which is somehow some kind of a substitute for a meaningful public discussion on the very desperately needed electoral reform in our country.
It is worse than that, because it is in the face of two other clear opportunities, one is an exercise and another is before us, to do this properly. Again, in reverse order, we do not pretend to consult and then bring in some kind of response to that without going to the people and to the opposition and looking to parliamentary committees and other expert bodies first. This is a jury-rigged, false consultation, which will do nothing for the health of our elective democracy.
Let us look at what the other options are. The Law Commission of Canada is highly respected internationally as one of the foremost law reform bodies in the Commonwealth. Its reports are watched and followed in many other countries. After extensive real public consultation and extensive research here and internationally on electoral reform, in 2004 it published a very thoughtful deliberative piece on a mixed member proportional system. This is an independent statutory body with the responsibility to consult, to do research and to report publicly to Parliament and the Minister of Justice. It reported more than three years ago now and there has been no response, no reflection of any attention being given to that good work.
In 2004 we also had the Speech from the Throne, which was amended in the sense of its application to include electoral reform as a prime objective of the 38th Parliament. Unfortunately and unnecessarily it was interrupted by an election that was commenced in 2005. The work of a special committee to do the proper consultation on behalf of all the House of Commons was cut short.
We should be working with the opposition parties, and I hope with the government, to have a legislative committee, perhaps the procedure and House affairs committee, hold those consultations, rather than the closed door, jury-rigged type of consultation that has been set forward. That is important. Let us have the House involved. Let us look to real public consultation and let us get moving on real electoral reform.
Maybe in the wisdom of that deliberative discussion with Canadians, we can reaffirm the first past the post system we have now, but let us do it when we know there are real strains and real non-representative aspects to it. Let us have that conversation and make it a real deliberative one.
Let me turn to another aspect of democratic reform. This is one about which we have heard so much rhetoric from the government, and that is the Federal Accountability Act, Bill C-2. It is almost Orwellian in the way that aspects of this act, and aspects that certainly this side of the House supported, are actually damaging and non-democratic.
I start with observing that Bill C-2, the accountability act, got royal assent on December 14, 2006. Members will recall that this was following a number of months of very careful deliberations and amendments passed by the Senate and then accepted by the House. I think there were more than 50 of them.
There was constant deriding of the other place for having delayed that important piece of democratic legislation and yet one of the absolutely most important foundational parts of the accountability act was the appointments commission. This would apply the same principles around public service appointments that the Public Service Commission applies: objective criteria, competitive processes, transparence, real accountability. That appointments commission which was part of the act in a form that in fact the NDP put forward, a form that I put forward as an amendment were not accepted. That was five months ago .
I will end with this reflection on non-accountability. After five months, there is no appointments commission and yet every week there are dozens and dozens and dozens of order in council appointments that should have been subject to that merit based, objective, non-partisan appointments commission. What kind of accountability is that? What kind of democratic reform is that?
While I have no difficulty supporting the idea of greater advance opportunities for people to vote to increase voter opportunity and therefore voter turnout, we have to look at the whole picture and, if we are to be taken seriously as a modern democracy, deal with this in a comprehensive way.
Canada Elections Act
May 30th, 2007 / 4:05 p.m.
Peter Van Loan York—Simcoe, ON
Mr. Speaker, I thank the member for Vancouver Quadra for this very tempting question. Of course I have next door to me the member for Newmarket—Aurora and also, not too far away, the member for Halton. I am not sure if the member for Vancouver Quadra today raised in caucus his intention to offer to return them to this caucus. I can tell the member that the government side is not really interested in their return, so that is all right.
Fundamentally, the government is interested in seeing the voters' will respected. That is what we are trying to do. That is why, for example, as I indicated, the government has proposed Bill C-43, the Senate consultations bill, which I know the member opposite in the Liberal Party opposed. It actually proposes to ask Canadians who they want to represent them in the Senate.
We live in something called a democracy. At least, that is what we in our party believe it is. That is what we want it to be. Part of a democracy, I thought, or at least as I was taught in school, is the notion that we elect people to represent us. However, in our Parliament after 140 years, one of our two institutions, fully half of this building, is occupied by people who are appointed for 45 years, not elected.
We want to see them elected. We hear that is opposed by a Liberal Party that does not want to see any change in the Senate. That party does not want to see senators elected. It likes those privileges and it likes the Senate the way it is.
When it comes time to respecting the will of the voters and showing some respect for the concept of democracy, I suspect that in his heart the member for Vancouver Quadra sympathizes a lot with the notion of electing senators. I know that because he comes from a part of British Columbia where there is strong support for it. It is a place where there is strong support for the concept of Senate term limits. As the member has indicated in the past, there is strong support for our proposed bill on democratic representation. These are all things designed to improve the quality of our democracy.
I have a lot of sympathy for the member for Vancouver Quadra in trying to advance those notions in a party that is generally not supportive of them, but I thank the member for the opportunity to underline the fact that on this side we do want to see the voters' will respected, not just in the House of Commons but in the Senate as well.
Canada Elections Act
May 30th, 2007 / 3:50 p.m.
Peter Van Loan Leader of the Government in the House of Commons and Minister for Democratic Reform
moved that Bill C-55, An Act to amend the Canada Elections Act (expanded voting opportunities) and to make a consequential amendment to the Referendum Act, be read the second time and referred to a committee.
Mr. Speaker, I am pleased to open debate today on the expanded voting opportunities bill.
The right to vote is our most precious and fundamental right. Each year about 150,000 people become new Canadian citizens. Most have come to our nation in search of freedom and they find that when they achieve Canadian citizenship, the right to vote, among the many rights and privileges they are conferred, is the most treasured privilege and duty that they do acquire.
Public participation in the political process, by exercising one's right to vote, is the cornerstone of our democracy. Voting validates the position of a responsible and accountable government. Of all forms of civic engagement, voting is perhaps the simplest and most important. By deciding to vote, Canadians have a say in what happens to their country.
By the very act of voting, they are playing an active role in the future of their country and their community, first by reflecting on the decision they must make and then by the decision itself. It is precisely for this undertaking that many people become citizens.
A deeper community and civic commitment is built on this foundation. It may lead to the creation of a minor hockey league for children, the organization of a tree-planting project or the cleaning of a ravine.
Unfortunately, voter participation in elections has been in decline over the years. In 1958, 79.4% of Canadians voted in that year's general election. However, that fell to 69% of eligible voters by 1993 and by 2004 only 60.5% of eligible voters cast a ballot.
Unfortunately, young people voted at even lower rates than previous generations. In fact, in the 2000 election, only about 25% of eligible voters between the ages of 18 and 24 bothered to vote.
It is undeniable that fewer people are going to the polls in Canada, yet we know that the one true method for citizens to hold their governments to account is through the ballot box. When voter turnout declines, it means that fewer people are holding their governments to account. The result is that our democratic system suffers.
We on this side of the House want to change the current situation. We want to see more people engaged in the political process and we want more people to vote.
A study led by Elections Canada indicates that many Canadians have trouble finding the time to go vote. Generally speaking, between work, studies and family, they do not have enough time to make it to the polls. I know that, on voting day, many people get up in the morning with the intention of voting, but because they have to work extra hours or because their kids have a minor hockey game that night, they do not find the time to exercise their right to vote.
At the same time, Canadians indicated that they appreciate the convenience of advance voting, and more and more voters are taking advantage of the opportunity to vote at advance polling stations. Indeed, voter turnout at advance polling stations nearly doubled between the 1997 election and the 2006 election.
Furthermore, the European example has shown that opening polling stations on Sundays leads to greater voter turnout. For instance, in the French presidential election held Sunday, May 6, voter turnout was 85%.
Therefore on May 9, 2007, we introduced the bill that we are debating today, Bill C-55, to increase voter turnout by giving Canadians more opportunities to vote.
The bill, which is part of our agenda to strengthen accountability and democracy in Canada, adds two advanced polling dates. One is on Sunday, the eighth day before election day, and the other is on Sunday, the day before election day.
The Sunday before election day will be a special advance poll. All polling stations used for the general voting day will be open on the last advanced polling day, not just a limited number of stations used for any other advanced polling days.
That means that Canadians will now have the choice of voting on election day, which is a Monday, or on Sunday, the day before election day or earlier at four other advanced polls.
This will mean all Canadians will have an opportunity to vote at an advanced poll right in their own neighbourhood on a Sunday which for many is a day without work or school commitments. This will make it easier for Canadians to vote.
With this increased convenience, we hope that families will bring their children with them when they go to vote, helping them to appreciate from an early age the civic duty and opportunity to cast a vote and to understand what it means to be a citizen in a free and democratic country.
These are lessons that if well taught last a lifetime, build stronger communities and make a brighter future for Canada. We know that engaging more Canadians in the electoral process through increasing voter turnout is good for our democracy and good for our country.
It is not just the government who is saying this. The expanded voting opportunities bill has also received the endorsement of academics and interested groups across Canada. For example, a group called Apathy is Boring, which aims at increasing youth voter participation, welcomes the bill. It said:
Apathy is Boring applauds the Expanded Voting Opportunities Bill, which makes a small but critical change to polling days. Accessibility is key to voter participation, and this bill will help ensure accessibility especially among young people.
Keith Archer, a professor of political science at the University of Calgary, said, “My view is that this legislation is a thoughtful and constructive response to the decline in voter participation in Canadian federal elections, and is aligned with the evident growth in the desire of Canadians to avail themselves of the opportunity to vote in advanced polls...the government is to be applauded for introducing this legislation”.
Leslie Seidle, a senior research associate at the Institute for Research on Public Policy, said, “It ought to encourage more people to go to the polls by offering them additional time on what is a non-working day for most.
These comments show that the expanded voting opportunities bill is a modern, realistic and effective way to increase voter turnout in Canada. However, the bill is just one piece of our agenda to strengthen accountability and democracy in Canada.
Since coming into power, this government has made many efforts to develop concrete measures for democratic reform. One of these legislative measures, tabled in Parliament by this government, was Bill C-4 which led to a review of the rules governing the registration of a political party. And just before Christmas, we passed the Federal Accountability Act, which provides for new strict rules governing campaign financing. Loans by unions and businesses will be prohibited as will be anonymous contributions and trust funds, and the maximum annual donation to a political party is now $1,100.
These two legislative initiatives will help restore the confidence of citizens in the democratic process.
Next we introduced Bill C-16 to establish fixed dates for elections. The bill sets the third Monday in October, four calendar years after each election, as the date of the next general election. Under the legislation, which is now law, the date of the next general election will be October 19, 2009.
Fixed date elections take the guesswork out of the electoral process and level the playing field for the Chief Electoral Officer, for political parties and, most importantly, for voters. They also encourage participation in the democratic process by allowing Canadians to plan to participate in their nation's electoral process.
I am very proud to announce that Bill C-16 has received royal assent despite all the efforts of the unelected Liberal senators to block implementation of the democratic reform proposed by our government.
Next we introduced Bill C-43, the Senate Appointment Consultations Act. With this bill we have acted to strengthen accountability with legislation that gives Canadians a say in who they want representing them in the Senate.
The proposed Senate appointment consultations act recognizes that it is the citizens of the country, not big money or backroom boys, who are best qualified to choose who should speak for them in the Senate. The Senate appointment consultations bill is currently being debated at second reading and we are anxious to see passage of this groundbreaking legislation.
That brings me to Bill S-4, the legislation that proposes to limit Senate terms to eight years instead of the current 45 years.
Today just happens to be the first birthday of the bill to limit the terms of senators. It has been delayed and obstructed by the Liberal Senate for a full year now. Remarkably, even though the Leader of the Opposition says he supports term limits for senators, Bill S-4 has been ensnared in procedural limbo since May 30, 2006, thanks to Liberal senators bent on obstructing and delaying any meaningful democratic reform.
We hope the Liberal senators will give the House of Commons a chance to actually deal with this bill one day.
As you can see, these legislative measures, including Bill C-31, which provides for the improvement of the integrity of the electoral process, as well as all the other bills tabled last week, are modern, realistic and effective and will strengthen our democracy and restore the confidence of Canadians in our democratic institutions.
The bill on expanded voting opportunities provides Canadian workers with more opportunities to vote so that they can make their government accountable. This is an effective means of ensuring an increase in voter turnout and strengthening democracy in Canada.
Unless we check declining voter turnout, we run the risk of having an increasing number of Canadians becoming disengaged from their government.
The way public affairs are conducted could become less democratic and less responsible.
For democracy to work, it must be the property of all, not just a place for narrow interests to pursue their own agenda. That is why it is important for more Canadians to participate in the democratic process. Voter participation is fundamental to the health of our democratic institutions.
Canada's new government is doing all it can to encourage citizens to participate in the democratic process.
This modern, realistic and effective legislative measure represents a new stage in the ambitious action plan that our government has developed to improve democratic institutions and to strengthen the vitality of democracy in Canada.
For all these reasons, I urge all members of the House to support the expanded voting opportunities bill.
Business of the House
May 17th, 2007 / 3:10 p.m.
Peter Van Loan York—Simcoe, ON
I would not do that.
Tomorrow is an allotted day.
Next week is constituent consultation week, when the House will be adjourned to allow members to return to their ridings and meet with constituents to share with them the activities of Parliament since the last constituency break.
For the interest of members, I will quickly review our plan for the context of our overall legislative agenda.
As he requested, this is currently strengthening the economy week, where a number of financial bills moved forward. The budget bill was sent to committee and, hopefully, it will be reported back tomorrow, or soon, so we can deal with it at third reading when the House returns after the break.
Bill C-40, an act to amend the Excise Tax Act, was read a third time and sent to the Senate. Bill C-53, an act to implement the convention on the settlement of investment disputes, Bill C-33, the sales tax bill and Bill C-47, the Olympics symbol bill were all sent to committee and we all would like to see those back in the House for report stage and third reading.
In an earlier week, Bill C-36, the bill that makes changes to the Canada pension plan and the Old Age Security Act, was made into law after receiving royal assent.
Strengthening accountability through democratic reform week was a success with the consideration of Bill C-43, Senate consultation. We had three new democratic reform bills introduced that week: Bill C-55, to expand voting opportunities; Bill C-56, an act to amend the Constitution Act, democratic representation; and Bill C-54, a bill that would bring accountability with respect to loans. We hope to continue debate on that particular bill later today.
Bill C-16, fixed dates for elections, was given royal assent and is now law, which I think is the cause of the commotion now in all the committees where Liberals are using procedural tactics. Now they feel they can do it with a free hand.
Two other democratic reform bills are in the Senate, Bill C-31, voter integrity, and Bill S-4, Senate tenure. I really would like to have the term limits bill from the Senate for an upcoming democratic reform week if the opposition House leader can persuade his colleagues in the Senate to finally deal with that bill after 352 days. We may get 352 seconds in a filibuster, but they have had 352 days so far. They have been stalling for a year.
During the consultation week, I will be interested in hearing what our constituents think of the plight of Bill S-4 and the irony of those unaccountable senators delaying it.
We dedicated a good deal of our time focusing on making our streets and communities safer by cracking down on crime. Now that we have had the help of the NDP, we restored the meaningful aspects that the Liberals gutted in committee to Bill C-10, the bill to introduce mandatory penalties for violent and gun crimes. We are continuing to debate that bill today at third reading.
Bill C-48, the bill dealing with the United Nations convention on corruption, was adopted at all stages.
Bill C-26, the bill to amend the Criminal Code with respect to interest rates, was given royal assent.
Bill C-22, the age of protection, was given final reading and sent to the Senate, although it did spend close to, if not in excess of, 200 days in committee where the Liberals were obstructing and delaying its passage.
We made progress on Bill C-27, the dangerous offenders legislation. We would like to see that back in the House.
Bill C-9, An Act to amend the Criminal Code (conditional sentence of imprisonment) and a host of other justice bills are working their way through the system.
Members can advise their constituents that when we return, we will be reviving two themes, back by popular demand. Beginning May 28, we will begin again with strengthening accountability through democratic reform with: Bill C-54, political loans; Bill C-55, additional opportunities for voting; and Bill C-56, democratic representation.
Up next is a second go-round on strengthening the economy week with Bill C-52, the budget implementation bill, which will be called as soon as it is reported back from committee.
In the near future, we will have the improvement of aboriginal people quality of life week with Bill C-44. This bill will grant first nations residing on Indian reserves access to the Canadian charter of human rights. They have been denied this right for 30 years. Unfortunately, Bill C-44 is being delayed by the opposition. This is another bill being delayed by the opposition in committee.
After Bill C-44, I intend to debate Bill C-51. The agreement establishes the use and ownership of land and resources and will foster economic development. This bill illustrates Canada's commitment to the North and to settling land claims.
I wish all members a productive constituent consultation week and look forward to more progress on the government's legislative agenda when the House returns on May 28.
Statements By Members
May 17th, 2007 / 2:10 p.m.
Monique Guay Rivière-du-Nord, QC
Mr. Speaker, this government claims that Bill C-56 does not threaten its relations with Quebec. However, it should consider the concerns expressed by the National Assembly, which yesterday introduced and unanimously adopted a joint motion calling on the Parliament of Canada to withdraw Bills C-56, which will change the number of seats in the Parliament of Canada, and C-43 on the Senate.
The National Assembly is so concerned over the latest events involving the French language that it adopted another motion reiterating the importance of defending and promoting French as an official language of Canada and calling on the government to take action in response to the latest report by the Commissioner of Official Languages.
The Bloc Québécois is here to defend the interests of Quebec. The Conservatives had better watch out, because we will always demand that the decisions of the National Assembly be honoured.
Canada Elections Act
May 9th, 2007 / 3:50 p.m.
Stephen Owen Vancouver Quadra, BC
Mr. Speaker, I am pleased to rise today on behalf of the Liberal opposition and address Bill C-54. I must say at the outset that the government House leader was not able or willing to answer my earlier question about the disclosure of the Prime Minister's leadership funders in 2002.
He did not address that topic, but I think this House needs to know that, particularly in relation to the comments that the government House leader made about the open disclosure of all loans, of all lenders and all amounts by the Liberal leadership contenders last year. Clearly they were acting beyond what the Canada Elections Act required, in good faith and with full disclosure. Everybody knows both what is going on there and the rules that apply to it.
As for the Prime Minister bringing forth this legislation, I think the government House leader suggests that he is somehow on the road to Damascus, leading this House in some epiphany in terms of loans and the way they are treated. Perhaps he was waylaid, misled or turned around and is actually on the road to perdition, because this bill of course has a perverse consequence. It is a non-accountability act. Again, it is Orwellian in many of the impacts that it will have. I will take some time to explain exactly why this will make democracy weaker in many ways in our country if it goes ahead as it is written, without amendment.
The Liberal Party is certainly very much in favour of transparency and accountability and will be looking toward a bill that properly and effectively tightens up the application and the use of loans in political financing in this country wherever it might be necessary. However, we certainly will also want to ensure that as the bill goes forward the proper amendments are made so that it does not, whether consciously or unconsciously, create a barrier to entry to the political process for those who do not have access to funds or friends who have access to funds, or to financial institutions that reflect their willingness to give loans because they realize that these people already have money, or they have people who will sign for them and back them up with money. We have to be very careful that this is not a barrier.
Let me go back to January 2004, when the former Liberal government brought in the most dramatic changes to electoral financing in this country's history with Bill C-24, and indeed perhaps the most dramatic change than had happened in any democratic jurisdiction in the world, which of course reduced the union and corporation donation limits per year to a mere $1,000. That is almost meaningless when we are talking about a nation this size. To suggest that a $1,000 donation by a corporation could buy favour across this country in an electoral process is beyond imagination. In any case, we effectively took that out and left the donations at a $5,000 level for individual members of the public, who are of course the basic building block and the basic unit of democracy. That is where it should be. That was an extremely important step. It was a dramatic step in the political history of this country.
Bill C-24 also did some other things. It introduced an aspect of proportional representation. I know that many members in the House in all parties are interested in seeing us proceed with consultations and consideration of that. However, when the private money was taken out to such a dramatic degree, Bill C-24 provided for public funding of electoral processes by providing $1.75 for every vote that any party received in the general election nationwide.
That allowed for a proportionality that corrected some of the difficulties with the first past the post process, where often the number of seats in this House achieved by parties bears very little relation to the proportion of the vote they get. As an example, the Green Party got 600,000 votes in the last election. Under that provision, it received over $1 million, which allows its members to express the views of the people who voted for them through the financing of their political activity, although not yet representation, across the country. That is a first tentative but important step. It was part of that groundbreaking electoral financing legislation.
Let me correct a perception that the government House leader gave, which was incorrect. He suggested there were no rules now covering loans and the disclosure of loans. In fact, the current statutory provisions require the disclosure of all loans. They require the disclosure of the lenders and the guarantors of those loans.
Another misconception is that there are no consequences if these loans can be written off. In fact, there are consequences. Those loans must be repaid within an 18 month period or they fall under the political contribution rules, which are very strict.
It is not a way to have money given. It is money loaned for a period during an electoral process, either a leadership process, as was involved last year with the Liberal leadership, or perhaps a nomination process where someone does not have access to party funds or riding association funds. If people were unable to take a loan, that might well be a barrier to entry into the political process for people who were not of independent means. There are consequences. Those must be converted and that is an important aspect to it.
Who owns the Prime Minister? The government House leader raised the issue of the Liberal leadership candidates and the influence of big money, but we still have not had an answer about who financed the leadership bid of the Prime Minister in 2002.
Why do we want to know that? We want to know that for the very reason the government suggests we need the bill. We already have provisions in the Canada Elections Act that cover both disclosure of loans and repayment of loans and consequence if we do not. In any event, why do we want to know? It is an immensely important question. Is it U.S. gun lobby? Is it big oil? Who made those contributions to the Prime Minister's leadership race in 2002? We will come back to that until we get a proper answer, until the Canadian people get a proper answer. These are important issues.
Let me talk about the name of the act, the accountability with respect to loans act. It could be called the new Conservative bank of Canada act. It is big money that would get more influence because of the way the act is written currently. We will seek amendments to ensure it does not simply limit the influence that can be exerted to those with money or have access to big money. Let me tell members why.
Financial institutions are the only ones that can make big loans to individuals. If people are maybe from a disadvantaged group or an under-represented group who have not been in politics before, who seek a nomination in a riding, those people do not have independent wealth, they do not have a riding association yet to loan them funds, as is allowable under this bill, and they do not have, perhaps, credit worthiness to go to a bank. What does that person do? The individual is left out. They simply cannot, effectively. With the limits under this, there is a barrier to entry into the nomination process.
If we look at the Liberal leadership process that went for nine months of fulsome discussion and debate across the country, presenting 11 candidates for scrutiny by the public in a highly open and democratic process, those were expensive. We cannot do that in a country the size of Canada without having some funds to expend for it.
Those should be under rules, and there are rules. There may be some tightening up that the bill can do, and that is fine. However, to say that people taking out loans so they can exercise their right to take part in the democratic electoral process for leadership, for nomination, is going down the wrong road.
In fact, the bill, as written, does not, as Bill C-24 previously did, take out corporate money and put in public money that was properly and evenly distributed according to the proportion of the vote achieved by each party that ran candidates. This cuts out the public and brings in the big money.
Who can get a loan from a bank, from a financial institution? It is someone with a lot of money or property to put up as collateral, or someone to co-sign or support the loan. Those are people of influence and money. This is letting the money in. It is not keeping the money out. That is what we will have to see. I look forward to working with members of the Bloc, the NDP and the government to see if we can get some amendments so we do not create a barrier to entry for people who have no means and are not yet part of the political process. That transparency is immensely important.
We have an organization called Equal Voice. All members of the House will be well aware of and knowledgeable about it. The organization seeks to encourage women to enter the political process so we can rise above the deplorable disproportion of men to women in the House of Commons, with 20% representation by women.
The leader of the official opposition, the leader of the Liberal Party, has pledged that in the next election one-third of the Liberal candidates will be women. We are well on the way in the nomination process to achieving that. This is a demonstrative move to try to get a proper proportion of gender equity into the House.
If this goes to committee, I am sure Equal Voice, representing all parties and all people across the political spectrum, will be very interested to come to talk the committee and to give evidence, as will many other groups who represent disadvantaged or under-represented sectors of this society. They will want to come and give their evidence on it. I hope we will take instruction from them as to how, perhaps unintentionally, the unavoidable consequence of this will be, to exert more power, not less, in those who have access to large amounts of funds.
This new Conservative bank of Canada act is interesting. It may tighten up the rules a little. It is not so that the Canada Elections Act now does not require loans to be repaid or be converted into contributions under the very restrictive rules. It is not so that contributors, lenders or co-signers do not have to be disclosed for political loans. They do have to be.
I am as anxious as anyone else in the House to see that this process is not abused, and if we can tighten it up, all the better. However, we have to ensure there are no unintended consequences of creating barriers to disadvantaged and under-represented groups.
The government House leader took some time to describe a number of what were called democratic reform bills, or statutes, in the House as brought forward by the Conservative government, and it is worth talking about a few of those.
One is Bill C-2, the Federal Accountability Act. Members of the House and the committee of the House spent a great deal of time on this as did members of the Senate. In fact, unencumbered by a set deadline that was forced on the House committee in the House, the Senate put forward dozens of amendments through its careful review of that act, even under the constant shrill criticism of the government that it was slowing things down.
Regarding slowing things down, royal assent was given to the Federal Accountability Act on December 15, 2006. Here we are, almost five months later, and one of the central parts of that act was the appointments commission. Amendments by the NDP sharpened that up. We had two choices. The Liberal opposition put forward amendments. The NDP put forward amendments. All of them would have been effective, and will be effective, as it was finally passed, but all these months later, all of these appointments later, dozens of them, and we still do not have the appointments commission. This was one of the key things that was said by the government to be so important about the Federal Accountability Act. We do not even have a commission.
We continue without the proper controls. We had suggested that the Public Service Commission take over this role, that there be amendments to its mandate to apply the same rules, competitive process and objective criteria used in the public service for any order in council appointments, but we still do not have that.
I would be very interested to hear from the government when it is going to proceed with that important part of Bill C-2. There were so many complaints about it being delayed when in fact there were a very large number of responsible, thoughtful and careful amendments suggested by the Senate, and actually passed into law.
Bill C-16 deals with fixed dates. We supported that on this side of the House. There was no delay. There was careful consideration in the Senate. There was a thoughtful amendment put forward. It was brought back to the House with that amendment. We on this side offered the government, before the Easter recess, to pass the bill through all processes in the House, back to the Senate, hopefully, for royal assent in the day before we broke. That was rejected. We would have needed unanimous consent, but we did not get it from the government.
Bill C-43 was mentioned by the government House leader. It is not a Senate elections act; it is a consultation act, with provincial elections. It is being put forward as a great democratic reform. I think all members of the House believe, as do probably all members of the other place, that the Senate needs reform in becoming a fully democratic legislative chamber, and we should all work toward that. This is going at it piecemeal. We get criticisms of trying to block the incremental reform of the Senate, but the fact is it all fits together and it must be dealt with at once.
There are three critical aspects of the Senate that have to be considered together.
One aspect is the selection process, which could include elections or involve terms. The term limit is suggested in Bill S-4.
Another aspect is the mandate. In the future how does the mandate relate to the mandate of the House of Commons? Will it be a mirror legislative body with the same electoral validity that will then lead to gridlock. We have to do to deal with that area of comprehensive reform is to have some kind of dispute resolution mechanism whenever the legislative powers mirror each other in the House and the other place.
Then we have the distribution. We cannot do anything else with the Senate until we work out the distribution. It is amazing that the Prime Minister, and all members of the government, would consider doing something to give a greater validity, greater power to the Senate without fixing the very unfair, inequitable distribution of seats to western Canada, particularly to British Columbia and Alberta.
For all of us from British Columbia and Alberta, it is extraordinary that we might think of increasing the power of that body without fixing the horrible lack of fair distribution to western Canada.
Bert Brown has been mentioned in the House by the Prime Minister as being the senator in waiting, to be appointed sometime this summer. He has played a very important role in the political life of Canada. He did not play that role by plowing one E into his barley field or a wheat field. He plowed three E's into it. To try to deal with just one E at once in a piecemeal incremental way, as the Prime Minister says, is not in the favour of Alberta, from where that fine gentleman comes. Nor is it responsible reform in the comprehensive way to properly bring the Senate into the modern age of a democratic legislative chamber. We have to work together to do that.
We often hear about the ghosts of Meech Lake and the ghosts of Charlottetown. We also hear that we cannot go near the Constitution because, my goodness, we might all get distracted and not be able to do anything else in this country and we will never get anywhere. Thank goodness the Fathers of Confederation were not so shy about dealing with the Constitution. We should take on that responsibility ourselves.
Senate Appointment Consultations Act
May 7th, 2007 / 6:20 p.m.
Charles Hubbard Miramichi, NB
Mr. Speaker, it is certainly interesting to hear what is projected for the House with this bill. I know Conservative Party members have problems because when they established themselves as the new Conservative Party, even within the Senate, some Progressive Conservative senators did not want to join the new establishment. So even within the Senate itself I know they perceive some problems with who they think supports them in the Senate.
I am a member from New Brunswick, a region of Canada which has 10 senators. We have to look back at the Constitution of this country whereby Atlantic Canada, the maritime provinces were provided with 24 senators, in other words at that time one-quarter of the Canadian Senate. Over the last 140 years numerous changes have occurred within Canada. We hear people speak about the need to make some changes to the Senate, but I have always been proud of the Senate. In fact when I went home this past weekend I heard as many people criticize this House as I went around the streets of my constituency as I did those who might want to criticize the Senate.
When we look at bills like this and the accountability bill that is tied in with this one, we have to wonder how accountable we are to the people of Canada when we spend the whole day talking about Bill C-43. It is 51 pages long and my impression is that I am disappointed if our justice department wrote this piece of legislation. If the justice department did write it, there certainly must have been a lot of instructions from somebody who had some very different ideas on how the future of our Senate should be determined.
The House of Lords in Britain at the present time is undergoing some changes. Certain restrictions are being placed upon the future of that house. Who should be members of the House of Lords in the future is a matter of great debate within the British parliament .
Two houses are part of our federal system. Each house reflects different ideas, different backgrounds, different concerns. When I heard today about setting up a consultation process, it is simply an attempt by the Prime Minister and the Conservative government to get around what really should be the Constitution of our country. They want to rely on a complicated system of people in an election giving preferences and a long list of who might be a senator in that particular province or region.
I have not heard, for example, a comparison to the United States Senate where each state has two senators. We should look at the costs of running for the U.S. Senate and what the people of Canada might spend on getting a consultation process that might be used for the Prime Minister to appoint somebody to the Senate.
We had a recent debate on justice and the appointments to the judicial system. Will the next step be to have elections of judges as they have in some countries, in fact in parts of the United States? Maybe that is the next step the government is considering.
In my own province recently, talking about the concept of offering party followers some of these appointments, we have had three judicial appointments recently. One was a former leader of the Conservative Party in New Brunswick. Another was the chief organizer for the government and that party in the last federal election. The third one has very close ties to a former member of Parliament.
Senate Appointment Consultations Act
May 7th, 2007 / 6:10 p.m.
Larry Miller Bruce—Grey—Owen Sound, ON
Mr. Speaker, it is a great pleasure for me today to stand in the House to speak to Bill C-43, the Senate appointment consultations act.
The most important thing about the bill is that it is about democracy, democratic reform, something of which we can all agree. I know the Canadian public agree that we could use a lot more in this great building. It is long overdue.
When we talk about democratic reform, I will give some examples. It baffles me why the opposition across the way have these cold feet and great fear of democratic reform. In an example that did not happen too many years ago, there were some changes made where senators were limited to the age of 75. Some other democratic reform was that they had to attend some meetings, instead of being in Florida or Mexico.
Rome was not built in a day and neither will some of the reforms we need in the country. This is just another one in a list of keeping that reform going.
The bill is also about accountability. It is about giving people a voice in selecting their senators. It is also something the government believes is a practical and very achievable step toward significant democratic reform.
In my riding of Bruce—Grey—Owen Sound, 86% of people who responded to a question in one of my householders said that they wanted to see an elected Senate. There was also a number in there who wanted to see it totally abolished, but I do not support that. However, some people do because of some of the things that went on over the years. I figure if we get the right kind of reforms in this place and in the other house, we will go a long way to appeasing some of those people.
Although Bill C-43 is not totally about the election of senators, if passed, the bill will provide the type of democratic reform that is supported, as I said, by my constituents, and I believe most Canadians. Canadians will have a say in who will represent them in the Senate.
Bill C-43 is one of the reforms that can generate momentum on comprehensive change to the Senate. The bill does not require any constitutional change and political parties would have more of a limited in relation to the political financing of Senate nominees. Parties would not control the order of the candidates on the ballot, which is a good thing, and voting would also be for individual candidates.
Furthermore, the bill recognizes that citizens, not political friends or big donors to the prime minister are in the best position to advise the prime minister about the people who should speak on their behalf in this great institutions.
We know Canadians think it is time to act on this idea. Canadian voters would be able to indicate their preferences regarding which potential Senate nominees they would like to see represent their provinces or territories.
I would like to thank my colleague, the member for Crowfoot, for sharing his time with me. He spoke about the great Senator from Alberta. Albertans are away ahead of the rest of the country in electing senators and pinpointing who they would like to represent them. Every province and territory should have that same kind of process.
The single transferable vote allowed for in the bill would allow Canadians to rank their preferred Senate nominees in order of preference. They can rank them one, two, three or as many as they see fit. The system is very adaptable in that where there are many vacancies in a province, it provides proportionality in the results.
If there is only one vacancy, the system requires a successful nominee to receive a majority on the vote. How can we argue with that process? What is wrong with it? I cannot think of a valid reason why anyone in the House could argue that point.
Bill C-43 is about consultations and information gathering. The prime minister can consult anyone in making Senate appointments and the bill would provide him or her a mechanism to hold a consultation with Canadians.
Bill C-43 follows through on the promise made to the people of Canada by the government in the recent Speech from the Throne where it said,
—explore means to ensure that the Senate better reflects both the democratic values of Canadians and the needs of Canada's regions.
The bill would provide the country with a revised Senate, with a truly national democratic institution. There is no reason for this bill not to pass. In fact, it should pass unanimously.
I call on all members of the House to clear their minds of all partisan cobwebs and to support the bill.
Senate Appointment Consultations Act
May 7th, 2007 / 5:55 p.m.
Kevin Sorenson Crowfoot, AB
Mr. Speaker, it is a real pleasure to stand in the House again and support Bill C-43, the Senate appointment consultations act. It is also a pleasure to split my time today with the member for Bruce—Grey—Owen Sound.
Our government is proposing to make a series of reforms to make the Senate more democratic and accountable. This bill details to Canadians how they would be able to play a role in selecting the senators who will represent them and their region. Senate appointment consultations would give Canadians a voice in representation and Canadians are asking for it.
We believe, and the people I represent in Crowfoot, Alberta, believe that this is a practical and achievable step. It provides significant and meaningful democratic reform. The type of reform, to be quite honest, that is supported by most Canadians and the type of reform that looking across is very much needed.
We promised in the last election and in the Speech from the Throne that we would take a step by step approach to reforming the Senate. We can take real action in improving the credibility and legitimacy of the Senate without embroiling this government and Canadians in constitutional negotiations.
Our approach includes the practical and meaningful steps of introducing term limits for senators, which is Bill S-4, and consulting Canadians about their preferences for who would represent them in the Senate, which is Bill C-43, the bill we are debating today.
As an Alberta member of Parliament, I can assure the House that we do know something about senatorial elections and something about the Senate of Canada. In 1989 Alberta first used an election to decide a Senate nomination. The prime minister of the day then appointed the winner of that election, Stan Waters, to the upper house in 1990. I was involved at that time and I can tell the House that Alberta was excited about Senator Waters coming to this place and representing Albertans. He represented all Canadians very well.
People in the province of Alberta, British Columbia, and in fact throughout all of western Canada, were very pleased by the way Senator Waters represented them. He toured all of Canada and told Canadians about the need for senatorial reform.
When the Liberal government returned to power in 1993, there was no more progress in terms of bringing democracy and accountability to the upper chamber. It came to a grinding halt with that Liberal regime.
Since 1993 the federal Liberal Party has named none of those Canadians who put their name forward for Senate elections or those who have been duly elected. This is a shame because provinces for the most part are willing to do the work to get better representation in the Senate. Average Canadians who are engaged in this discussion want to be involved in the process of who will represent them in the Senate.
In 2006 the Conservative Party of Canada came to power. This government has taken the first opportunity to appoint a senator endorsed by Canadian voters. Our Prime Minister announced that Bert Brown, a constituent of mine, would take a seat in the Senate when a seat becomes vacant this summer and become known as senator Brown. Albertans are pleased with that announcement. I had the pleasure of having dinner on Saturday evening with Bert and Alice, Betty Unger, and a number of others.
No Canadian has done as much to advance the cause of senatorial reform as Bert Brown. He has been a tireless advocate for the democratization of the upper house over two decades. He ran in three Alberta Senate elections and is the only Canadian to be elected twice as a senator-in-waiting.
In short, he is a very patient individual when it comes to becoming a Senator, but he is also a perfect role model for elected senators. Mr. Brown, 69, is a farmer from Balzac, Alberta. He is currently a Calgary area zoning and property development consultant. He is also a constituent of mine. That is why again I commend him and I speak about him with great fondness.
Over 300,000 Albertans voted for him in the province's 2004 Senate election. That is 300,000. More Albertans voted for Bert Brown than all Liberal candidates put together in my province in the last general election. Yet, the party opposite asks: which Albertans actually voted for him? Well, 300,000, which is many more than those who voted for all the Liberals combined.
The Senate of Canada was to be an upper chamber for regional representation. It used to be that the senators met in groups in the regions they represented. They would come together based on their region and they would have what we could call a mini-caucus meeting. There was no real special attention paid to a senator being Independent, Liberal or Conservative. Senators were more concerned about the region that they represented. They were concerned about working together to help their region.
Nowadays, the upper chamber is fraught with partisanship. Senators meet in political party caucuses each week. The Senate chamber is to a great deal about party politics. The Senate needs to be reformed.
The House of Commons is supposed to be political. Canadians hope that the Senate would become more independent, more perhaps intellectual, checking the work of the House and helping the House pass good legislation. Senators would actually ask how is this going to affect my region, not necessarily how is this going to play out in my political party.
For a long time, decades, the Senate has posed problems that the average Canadian voters wished that we would address and that we would fix. Canadians have been told that we cannot fix this problem. Canadians have been told by the Liberals and others that we do not want to touch it because we would have to change the Constitution and that we do not want to get into constitutional wrangling again.
Bill C-43 does not require constitutional change. It does not affect the Governor General's power to appoint. It does not affect the Prime Minister's responsibility or power to recommend senators. It does not create a process for the direct election of senators. It does not change the constitutional qualifications of senators.
In short, it does not affect any of the matters that are identified in the Constitution and so this is a process that is achievable. It is a small step. It is a first step and one that we should be grabbing onto.
Constitutional scholars agree that the government's approach is constitutional because we do not legally affect the role of the Governor General in making those appointments or the role of the Prime Minister.
Canadians may not know that our Prime Minister is allowed to consult anyone in making Senate appointments. Bill C-43 provides a mechanism for him to hold a consultation with the citizens of Canada and generally speaking in each province when a vacancy comes he can consult. The governor in council can make an order for a consultation which will be carried out under the direction of the Chief Electoral Officer. The order may specify the provinces and territories in which the consultation is to be held. The Prime Minister has the opportunity then to do this.
I see that you are telling me that my time is up, Mr. Speaker, so I will bring my comments to a close. Sometimes when we are elected to the House, we believe that we can come in and make major changes immediately. I think as time goes on we realize that we must become satisfied with small incremental steps.
I think this step will enhance the legitimacy, the credibility of the Senate. We have one party that wants the abolition of that. I think if the Senate became more involved in regional representation, it would help. I believe we need this process. I will always support Canadians making the decision as to who best represents them.
Senate Appointment Consultations Act
May 7th, 2007 / 5:40 p.m.
Andrew Telegdi Kitchener—Waterloo, ON
Mr. Speaker, I look back with fondness to the days when the Reform members were actually civil in this House and not using a mob-like mentality.
I want to get back to the Senate. If we were to have elected senators with votes that mean a lot more in one province than say in Alberta, British Columbia or Ontario, that would undercut representation by population. However, beyond that, it would give the Senate the kind of power that it does not have now.
One can just imagine what would happen to this chamber of democratically elected members from roughly equal constituencies, and I say roughly because we have some changes to make, and all of a sudden we have these bogus re-elected senators, who would not truly be recognized in the Constitution, holding up a bill of the House of Commons and not backing off when the House of Commons sends the bill back for the second time. The institution of the House of Commons then must prevail.
I mentioned that because this bill does absolutely nothing to deal with that issue.
I want to talk about a possible elected Senate that is amended by the Constitution and what I could support. I could support an elected Senate that is dealt with by the Constitution but that the powers of the Senate and the House of Commons must be very well defined. The ultimate authority of the House of Commons must prevail.
We also need to find a way of reflecting minorities in our country who might not be represented in the House. We must ensure that the Senate has the kind of knowledge base that is not necessarily reflected in this House. We need people from the arts and people with great expertise from social services, social sciences and the hard sciences. We also need to ensure we have people like Senator Roméo Dallaire who has expertise in the military. Those types of people are very important.
However, when we put that package together we must do it within the confines of the Constitution. Otherwise, as the premier of the province of Ontario said, to do otherwise would have the province of Ontario calling for the abolition of the Senate which, in the end, would be a mistake.
I would challenge members opposite to go back to Alberta, to go back to their constituencies in Ontario or to go back to their constituencies in British Columbia and ask their constituents if they think it is fair that their province is under-represented. I do not think the members will be surprised by the reactions they get. I believe the people will say that they think it is unfair and that if we are to have elections, we need to have a Senate based on representation by population.
The Senate has worked well for the most part because it has tried to be non-partisan as much as possible given the fact that Brian Mulroney appointed 57 senators and given the fact that most senators are political appointments.
However, I can say that the decorum in the House of Commons could do well to look to the decorum in the Senate. The displays and discourtesies that we have in the House, such as those afforded by the member for Cambridge, do not represent the kind of behaviour they have in the Senate.
If we want a Senate that is partisan and a Senate that does not work as effectively and efficiently as it does now, then we would want to pass this bill. However, I think most Canadians, on a sober second thought, not a knee-jerk reaction to a particular poll that might be done in the same fraudulent way as the consultation on the Wheat Board was done, would want us to leave well enough alone.
I know former Premier Peterson of the province of Ontario quickly learned that Senate seats are not given away for the province of Ontario, particularly when it is under-represented.
We should not be having this debate because what we are debating is a way to go around the Constitution. The reason we have a Constitution is because we consulted widely with all the stakeholders. Constitutional change is not easy but if we are going to amend the Constitution of this country, we need due diligence and a comprehensive approach where the problems are thought out and term limits are actually looked at.
I know there is debate on having term limits of 8 years, 12 years or 15 years. If, at the end of the day, our aim is to make the Senate as non-partisan as possible, a Senate that manages from time to time to do great work, then we would not want a senator having to run in an election every eight years. We might want the appointment to be for a longer term of maybe 12 to 15 years. If we were to do that, then we would ensure that the people have the background, the expertise and the experience in the Senate to make it happen.
It should come as no surprise to the government that Bill C-43 will be defeated because it does not have the support of the House. I will be looking forward to voting against the bill when the time comes.