Democratic Representation Act

An Act to amend the Constitution Act, 1867 (Democratic representation)

This bill was last introduced in the 40th Parliament, 3rd Session, which ended in March 2011.

Sponsor

Steven Fletcher  Conservative

Status

Second reading (House), as of March 22, 2011
(This bill did not become law.)

Summary

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

This enactment amends the rules in the Constitution Act, 1867 for readjusting the number of members of the House of Commons and the representation of the provinces in that House.

Elsewhere

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

Democratic Representation ActGovernment Orders

December 16th, 2010 / 1:25 p.m.
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Conservative

Mike Wallace Conservative Burlington, ON

Madam Speaker, I have not had the opportunity to meet the new member for Winnipeg North but he and the previous member obviously train in verbal skills in Manitoba. I welcome him to the House of Commons.

I want to ask the Liberal member whether he and his party will support the time allocation request that we are making on this bill so that we can get it to second reading.

Democratic Representation ActGovernment Orders

December 16th, 2010 / 1:25 p.m.
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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Madam Speaker, having been here for two weeks, I do not want to claim to know all the rules as of yet. I would have to take that as a notice of sorts.

However, I think the Liberal Party does support the need for changes. I will leave it in the most capable hands of our House leader to work with the government House leader so that, from the Liberal Party's perspective, the right thing is done.

Democratic Representation ActGovernment Orders

December 16th, 2010 / 1:25 p.m.
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Bloc

Yves Lessard Bloc Chambly—Borduas, QC

Madam Speaker, today, my colleague from Joliette and I are taking on a great responsibility that is very broad in scope by conveying the Quebec consensus to the House. The only people who disagree with this consensus are the Conservative and Liberal members from Quebec who sit in this House.

Quebec's National Assembly voted unanimously against this bill three times, and again, just recently, in May. The 120 members of the National Assembly unanimously oppose this bill, and the 48 Bloc members, who account for two-thirds of the Quebec representatives in this House, share their opinion.

As did my colleague from Joliette, I would like to remind the members of the House of the negative and undemocratic effects that this bill will have. It will significantly reduce Quebec's political weight in terms of democratic representation. Bill C-12 is a bill on democratic representation that amends the formula provided in the Constitution for adjusting the number of seats in the House of Commons for each province after each decennial census or every 10 years.

This brings us back to the rule on proportionality under which some provinces are respected and others are not. We understand the rule and we agree with it.

Prince Edward Island's population is quite small. We accept the fact that the number of PEI members is not in keeping with the population-based proportion rules, which means that PEI members sometimes represent less than 50% of the number of voters that we have in each of our ridings, including the riding of the member for Winnipeg North. This is something we accept because we recognize that geographic characteristics should be represented by an electoral college that reflects the views of the people.

However, this representation should not be limited to geographical representation because if we had used that argument, we would have called for this long ago even though we recognize it for others. Some Quebec ridings, such as Gaspésie—Îles-de-la-Madeleine, are as big as Israel, for example. And then there is all of northern Quebec with ridings like Abitibi—Baie-James—Nunavik—Eeyou. These areas are bigger than many countries. If that were a factor, Quebec as a whole would have far more members than it does currently. However, this criterion is applied to others because we acknowledge that the electoral college of certain provinces is large enough to represent an opinion. I do not know if the hon. member is following what I am saying. This criterion can be applied to certain regions, but not everywhere.

Should other criteria be taken into consideration? Special criteria should be considered in certain regions of the country.

Of course we want our own country, Quebec, but in the meantime we live in a country with a constitution, Canada. We have the right to representation that must take into consideration our distinct character, which is based on two major features.

One is our language, because we have that distinguishing characteristic. We are also one of the founding provinces of Canada. The other distinguishing characteristic is that since Confederation, there has always been a concern that Quebec not go below 25% of the number of seats. We are not asking for a majority of seats or a number that is disproportionate to our representation, but we must have an electoral college that is sufficiently representative to reflect these two distinguishing features: our geography and the special nature of the Quebec nation.

In Canada there are two nations: the Canadian nation and the Quebec nation. It took us I do not know how many decades to have that recognized here in the House. Once it was recognized, we realized that it did not mean anything to the Conservative government. Not only was the recognition meaningless, but the government stepped up its efforts to reduce Quebec's weight within the democracy. Bill C-12 is a perfect example. I was not here, because I had other responsibilities, but my colleague who spoke before me must have talked about that. We do not have any objection per se to additional seats for provinces whose populations have grown significantly, provided that there is still a rule on democratic representation that reflects the two distinguishing characteristics I mentioned earlier. Bill C-12 does not do that.

That is why my colleague from Joliette moved the amendment I will reread:

That the House decline to give second reading to Bill C-12, An Act to amend the Constitution Act, 1867 (Democratic representation), because the Bill would unacceptably reduce the political weight of the Quebec nation in the House of Commons and does not set out that Quebec must hold 25 percent of the seats in the House of Commons.

Of course I see many parliamentarians look the other way or sigh impatiently whenever we talk about the Quebec nation. This illustrates just how indifferent this particular government is towards Quebec. It comes down to more than just the documents; it also shows in their attitude. Attitude speaks volumes about how our colleagues in the other parties do not want to take into account either the two polar opposites I was talking about earlier or the recognized tradition of ensuring that Quebec does not fall below 25% representation in the House.

On November 22, 2006, the Conservative government moved a motion to recognize the Quebec nation. Since then, the Conservatives have been systematically attacking the Quebec nation and have rejected every proposal to bring tangible expression to that recognition. They introduced Bill C-12, currently before us, which would marginalize the Quebec nation even further within the whole of Canada. The Prime Minister wants to continue reducing our political weight in the House of Commons. Thus, from the 36% of seats it had in 1867, Quebec will have only 22.4% in 2014. The Prime Minister who promised us open federalism is muzzling us instead.

I said this in a question earlier, but it cannot be overstated: we are debating a bill that is supposed to pave the way for even greater democracy and instead we are realizing that, in this debate, the expression of democracy, as expressed by the Quebec National Assembly, is being denied.

Quebec's National Assembly unanimously demanded withdrawal of Bill C-56, which gave 26 seats to English Canada and none to Quebec. I am talking about the previous bill, which in essence is the same bill. All the elected members of Quebec's National Assembly and the 49 Bloc Québécois members who make up two-thirds of elected Quebeckers in the House of Commons, are calling for this bill to be withdrawn. In total, 87% of the elected members from the nation of Quebec are calling for this bill to be withdrawn.

Again, it is quite ironic that they claim to be expanding democracy for other regions in Canada when they are denying democratic expression from Quebec by all the elected members there. I am talking about 87%. There is something unacceptable about the way the government is acting. That is why we will repeat ad nauseum that this bill needs to be rejected and our amendment adopted.

I am not sure if the hon. members in the House are familiar with Benoît Pelletier. He was a cabinet minister in the Charest government in Quebec. He is a Liberal and a federalist and not someone who would lobby for the nation of Quebec to become a country. When he was intergovernmental affairs minister he said the following on May 17, 2007, when Bill C-56 was being debated. He was on the show Maisonneuve en direct talking about the number of seats in the House of Commons. This might interest the hon. member over there because if she ever intends to say something about this, she might not repeat what I am about to say. Mr. Pelletier said:

I appreciate that the House is based on proportional representation. But I wonder whether there might be special measures to protect Quebec, which represents the main linguistic minority in Canada, is a founding province of Canada and is losing demographic weight...Why could Quebec not be accommodated because of its status as a nation and a national minority within Canada?

I think that summarizes the situation. He is a federalist and a constitutionalist who teaches and was a minister in Mr. Charest's cabinet. He very eloquently expressed the feelings of all elected officials in Quebec and, of course, of the Quebec National Assembly.

Here, it is as though that did not exist. There is only one opinion that goes with that notion of federalism, and you either believe in it or you suffer the consequences. We have to believe in federalism, otherwise we will gradually end up in a funnel, where, democratically, we no longer have the ability to meaningfully express how we would like things to go. That is where we are today.

I remind members that, in response to the Conservatives and the Liberals voting against the Bloc Québécois motion to not pass the bill, the Quebec National Assembly adopted a third unanimous motion on April 22, 2010. I will repeat it, in the hopes that one day, people will listen to what Quebec has to say. It said, “That the National Assembly reaffirms that Québec, as a nation, must be able to enjoy special protection for the weight of its representation in the House of Commons” and asked “...the elected Members from all political parties [sitting in Ottawa] to abandon the passage of any bill whose effect would be to diminish the weight of the representation of Québec in the House of Commons.”

An Angus Reid poll from April 7, 2010, also indicated that 71% of Quebeckers were against such a bill and that barely 15% of Conservatives were in favour of it. In all of Canada, barely 37% of respondents were in favour of the bill, while 45% were against it. The rest remained silent. So once again, the majority is against it. The Conservatives and the Liberals always claim to be introducing a bill that would create a better democracy. But this debate contradicts the very idea of democracy and goes against the popular opinion in Quebec and the majority opinion in the rest of Canada. What are we supposed to make of that? As I was saying earlier, the goal is to limit Quebec's presence in Ottawa as much as possible, in terms of democracy, so that the government can continue to dictate what happens.

I will not go into all the arguments I have in mind. I will try to restrain myself as my time is limited. I would remind members that the government has acknowledged the existence of the Quebec nation, but that it refuses to deal with Quebec accordingly. It refuses to recognize that our nation has a language—French. It continues to use all its powers in an attempt to make Quebec bilingual. It refuses to ensure that corporations under its jurisdiction are required to respect the Quebec Charter of the French Language: 250,000 workers under federal jurisdiction work in Quebec without being subject to the Charter of the French Language. Even if it is one of the major political acts, one of the most important political measures, they just ignore it, they do not comply.

By continuing to promote multiculturalism, the Canadian government also refuses to acknowledge that the continuity of our national culture depends on our ability to ensure that immigrants embrace it. It refuses to recognize our society because it has developed as a different nation. It even refuses to consider allowing Quebec to have a radio-television and telecommunications commission that would look after its own interests and its own challenges. It also refuses to limit federal spending power in Quebec's jurisdictions.

How does it manage to impose such views on Quebec? Conservative members from Quebec have made disrespectful statements about Quebec institutions. It is truly shameful. If I have the opportunity during the questions and comments period, I will talk about some of the statements made by the member for Lévis—Bellechasse.

In closing, because I may not have the time to do so later, I would like to wish all my constituents in Chambly—Borduas, as well as my colleagues here in the House, wonderful holidays and a very happy New Year.

I welcome any questions.

Democratic Representation ActGovernment Orders

December 16th, 2010 / 1:45 p.m.
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Conservative

Ted Menzies Conservative Macleod, AB

Madam Speaker, I rise on a point of order. Yesterday in question period a Liberal MP faulted the Conservatives for the lack of a prebudget report this year. The Conservative members of the finance committee want to complete this prebudget report and table it in the House. Conservative members of this committee will make themselves available in late December and early January for as many meetings as are necessary so this report can be completed.

I am therefore requesting unanimous consent to move the following: That notwithstanding Standing Order 83.1 the Standing Committee on Finance be authorized to present its report on prebudget consultations no later than January 19, 2011 and when that report is deposited with the Clerk of the House, it shall be deemed to have been duly presented to the House.

Democratic Representation ActGovernment Orders

December 16th, 2010 / 1:50 p.m.
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NDP

The Acting Speaker NDP Denise Savoie

Does the hon. member have the unanimous consent of the House to propose the motion?

Democratic Representation ActGovernment Orders

December 16th, 2010 / 1:50 p.m.
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Some hon. members

Agreed.

No.

Democratic Representation ActGovernment Orders

December 16th, 2010 / 1:50 p.m.
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NDP

The Acting Speaker NDP Denise Savoie

Order, please. Questions and comments, the hon. member for Wellington—Halton Hills.

Democratic Representation ActGovernment Orders

December 16th, 2010 / 1:50 p.m.
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Conservative

Michael Chong Conservative Wellington—Halton Hills, ON

Madam Speaker, I listened to the Bloc Québécois member and, although I found that he stated his position articulately, I disagree with that position.

I have a question for the member. He stated that the provincial division of Quebec in the House of Commons was guaranteed 25% of the seats. I want to know where in the Constitution that is indicated.

If we look at the preamble of the 1867 act, it says that Canada's Constitution should be similar in principle to that of the United Kingdom. In the Westminster Parliament in the House of Commons in the United Kingdom, representation by population is a fundamental principle. Section 51 talks about proportionate representation. In other words, the provincial divisions represented in the House of members should be proportionate to their populations as part of the Canadian whole.

In section 1 of the charter talks about a free and democratic society and section 3 talks about the right to vote. We cannot have a proper right to vote if an individual's vote does not count in the same way that votes in other parts of the country count.

What part of the Constitution guarantees Quebec 25% of the seats in the House?

Democratic Representation ActGovernment Orders

December 16th, 2010 / 1:50 p.m.
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Bloc

Yves Lessard Bloc Chambly—Borduas, QC

Madam Speaker, I would like to thank the Conservative member for his question, which allows me to provide clarification.

He is correct. This information is not found verbatim in the Constitution. However, in any legislative forum like ours, conventions develop over time. If he rereads the speeches and discussions that have taken place—we can provide him with some—he will see that there is a convention under which this minimum is respected.

That being said, he is right about the written text. Years ago, the rule of fair play also existed but we do not invoke it today because it has been broken so often here in the House. We saw an example of this earlier when a member tried to prevent me from being asked a question.

Democratic Representation ActGovernment Orders

December 16th, 2010 / 1:50 p.m.
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Liberal

Pablo Rodriguez Liberal Honoré-Mercier, QC

Madam Speaker, I invite the hon. member to show some trust. Just because the bill is bad and sets Quebec back does not mean that it is an attack on Quebec and all Quebeckers.

I believe that this bill sets Quebec back in terms of representation simply because the bill is ill-advised. This does not mean that we have it in for Quebeckers. I think the Conservatives simply did not do their work properly.

That being said and given that the bill has a negative effect on Quebec's representation, are we currently working on an amendment that will at least give Quebec the number of seats corresponding to its proportional representation?

Will the hon. member work with us to pass a bill that will strengthen and improve the Conservative bill so that it is more favourable to Quebec?

Democratic Representation ActGovernment Orders

December 16th, 2010 / 1:50 p.m.
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Bloc

Yves Lessard Bloc Chambly—Borduas, QC

Madam Speaker, this question is important enough that we should not improvise. That approach was never suggested to us, yet the member for Winnipeg North spoke so eloquently about it earlier.

The opening part of my colleague's question worries me a bit. Often people tell someone they are taking something away for their own good. That is what it sounded like he was saying.

I know that was not his intention, but they are taking something away and saying that it is for our own good. But the feeling in Quebec is unanimous: it is not for our own good.

Democratic Representation ActGovernment Orders

December 16th, 2010 / 1:55 p.m.
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Bloc

Robert Carrier Bloc Alfred-Pellan, QC

Mr. Speaker, I would like to congratulate my colleague from Chambly—Borduas for his great speech about how Quebeckers feel about this bill.

He underscored the question of the Quebec nation, which was recognized here in the House of Commons in 2006. I was one of those who was proud to see that, for once, our Parliament officially acknowledged that Quebec forms a nation within this large country called Canada.

I would like him to elaborate on whether it is important, given the date when the nation was recognized, that its political weight within Canada be maintained in terms of the proportion of members in the House of Commons.

Democratic Representation ActGovernment Orders

December 16th, 2010 / 1:55 p.m.
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Bloc

Yves Lessard Bloc Chambly—Borduas, QC

Mr. Speaker, I thank my hon. colleague from Alfred-Pellan who does an excellent job for his constituents in this House and at home, I am sure.

The question might surprise some people, those who think it goes without saying, and therein lies the nuance of my colleague's question. We always have to repeat this over and over. There is a world of difference between recognizing a nation in a motion and recognizing a nation de facto through actions. To date, we have seen nothing in this Parliament since the 2007 recognition that would suggest that the members who voted in favour of that motion would like to give it any concrete expression. One member was even honest enough to admit that he was against it. It was the member across the floor. We were insulted and angry, but at least he was honest and consistent. He has not changed his perspective. But what were the others thinking, those who voted in favour of it?

Notice of time allocation motionDemocratic Representation ActGovernment Orders

December 16th, 2010 / 1:55 p.m.
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Ottawa West—Nepean Ontario

Conservative

John Baird ConservativeLeader of the Government in the House of Commons and Minister of the Environment

Madam Speaker, I rise on a point of order. I apologize to my colleague in the House of Commons.

Given that the second reading amendment moved to Bill C-12, An Act to amend the Constitution Act, 1867 (Democratic representation), earlier today makes it virtually impossible to send Bill C-12 to committee without the use of time allocation, I would like to advise that an agreement could not be reached under the provisions of Standing Order 78(1) or 78(2) with respect to the second reading of Bill C-12, An act to amend the Constitution Act, 1867 (Democratic representation).

Under the provisions of Standing Order 78(3), I give notice that a minister of the Crown will propose at the next sitting a motion to allot a specific number of days or hours for the consideration and disposal of proceedings at this stage.

Second ReadingDemocratic Representation ActGovernment Orders

December 16th, 2010 / 1:55 p.m.
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Conservative

Harold Albrecht Conservative Kitchener—Conestoga, ON

Madam Speaker, I do not think anyone in this chamber or any Canadian watching this could possibly miss the irony of the speech we just heard.

On this side, we believe, to the greatest extent possible, that the vote of every Canadian should carry equal weight. The irony is if the Bloc party had its way, it would have no representatives in the House at all.

How can the member stand and say that it is fair for a member in a riding like mine of 120,000 would have the same weight as a member in a riding of 35,000?