Bill C-20
Fair Representation Act
An Act to amend the Constitution Act, 1867, the Electoral Boundaries Readjustment Act and the Canada Elections Act
Sponsor
Tim Uppal Conservative
Status
This bill has received Royal Assent and is now law.
Elsewhere
All sorts of information on this bill is available at LEGISinfo, provided by the Library of Parliament. You can also read the full text of the bill.
Votes
- Dec. 13, 2011 Passed That the Bill be now read a third time and do pass.
- Dec. 12, 2011 Passed That Bill C-20, An Act to amend the Constitution Act, 1867, the Electoral Boundaries Readjustment Act and the Canada Elections Act, {as amended}, be concurred in at report stage [with a further amendment/with further amendments] .
- Dec. 12, 2011 Failed That Bill C-20 be amended by deleting Clause 8.
- Dec. 12, 2011 Failed That Bill C-20 be amended by deleting Clause 1.
- Dec. 7, 2011 Passed That, in relation to Bill C-20, An Act to amend the Constitution Act, 1867, the Electoral Boundaries Readjustment Act and the Canada Elections Act, not more than one further sitting day shall be allotted to the consideration at report stage of the Bill and one sitting day shall be allotted to the consideration at third reading stage of the said Bill; and That, 15 minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration at report stage and on the day allotted to the consideration at third reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and in turn every question necessary for the disposal of the stage of the Bill then under consideration shall be put forthwith and successively without further debate or amendment.
- Nov. 3, 2011 Passed That the Bill be now read a second time and referred to the Standing Committee on Procedure and House Affairs.
- Nov. 3, 2011 Passed That, in relation to Bill C-20, An Act to amend the Constitution Act, 1867, the Electoral Boundaries Readjustment Act and the Canada Elections Act, not more than one further sitting day shall be allotted to the consideration at second reading stage of the Bill; and That, 15 minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration at second reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and, in turn, every question necessary for the disposal of the said stage of the Bill shall be put forthwith and successively, without further debate or amendment.
Business of the House
Oral Questions
December 15th, 2011 / 3:10 p.m.
See context
York—Simcoe
Ontario
Conservative
Peter Van Loan Leader of the Government in the House of Commons
Mr. Speaker, thank you for the opportunity to give my last Thursday statement of 2011. The fall has been a productive, hard-working and orderly session. It has been capped by results that we have seen in the House during delivering results month since we returned from the Remembrance Day constituency week.
Of particular note, this fall the House passed Bill C-13, the keeping Canada's economy and jobs growing act; Bill C-20, the fair representation act; Bill C-18, the marketing freedom for grain farmers act; and Bill C-10, the safe streets and communities act.
Other things were also accomplished, from the appointment of two officers of Parliament to the passing at second reading of Bill C-26, the Citizen's Arrest and Self-defence Act. I would like to thank the opposition parties who made these accomplishments possible. Nevertheless, the House has a lot of work to do when it returns in 2012.
The things I am looking forward to in 2012 include, after 48 speeches so far, returning to Bill C-19, the ending the long-gun registry act; after 75 speeches so far, continuing debate on second reading of Bill C-11, the copyright modernization act; after 73 speeches so far, continuing debating the opposition motion to block Bill C-4, the preventing human smugglers from abusing Canada's immigration system act from proceeding to committee; and, after 47 speeches so far, continuing debate on second reading of Bill C-7, the Senate reform act.
This winter, the government's priority will continue to be economic growth and job creation. We will thus continue to move forward with our economic agenda by debating legislative measures such as Bill C-23 on the implementation of a Canada-Jordan free trade agreement; Bill C-24 on the implementation of a Canada-Panama free trade agreement; Bill C-25, which is designed to give Canadians another way to plan for retirement through pooled registered pension plans; and Bill C-28 on the appointment of a financial literacy leader.
Needless to say, I am looking forward to the 2012 budget, the next phase of Canada's economic recovery, from the Minister of Finance, and I am looking forward to what I am sure it will deliver for the Canadian economy. This will be the cornerstone of the upcoming session.
With respect to the precise business of the House for the week of January 30, 2012, I will advise my counterparts in the usual fashion in advance of the House returning.
In closing, Mr. Speaker, please let me wish you, my fellow house leaders, all hon. members and our table officers and support staff a very merry Christmas.
In particular, I want to thank the pages, many of whom, as we know, spent their first significant amount of time away from home with us this fall. I wish them a pleasant time back home with family over Christmas. Perhaps we have provided some good stories for them to tell around the dinner table.
Merry Christmas, happy new year and all the best for the break. Here is to a productive, orderly and hard-working 2012.
Merry Christmas and happy new year. May the members of the House rest up in preparation for the hard work to come in a productive and orderly 2012.
David Sweet Ancaster—Dundas—Flamborough—Westdale, ON
Mr. Speaker, my colleague from Wellington—Halton Hills has done a great job in talking about the principle of representation by population and also iterating the three promises we made to Canadians about how we developed Bill C-20. In previous debate today we heard about the positive comments of the Chief Electoral Officer regarding this bill and its workability in framing the new divisions and being ready for the upcoming election in 2015.
My colleague mentioned taking seats away from slower growing regions. I would like to ask him about taking seats away from Saskatchewan which is growing very rapidly right now. It is a province that is experiencing great economic growth, not only population. How would it be received by the people of Saskatchewan if we went with the Liberal plan?
Michael Chong Wellington—Halton Hills, ON
Mr. Speaker, I am honoured to speak to this bill, which I think is very important because I believe that citizenship is the foundation of Canadian society.
My riding in the greater Toronto area has more than 200,000 constituents, while other ridings have fewer than 100,000. That is not fair and it is a sort of insult to Canadian citizens in some areas of the country.
This is one of the most important bills the House has considered in the last 10 years or so. The reason for this is I believe the most fundamental foundation for Canadian society is Canadian citizenship. I believe strongly that all Canadian citizens, regardless of their ancestry, religion, creed or race, should be treated equally in our country. However, when we have a situation where in one part of the country there are over 200,000 citizens in a riding and in another part of the country there are fewer than 100,000 citizens in a riding, that flies against the very basic Canadian and constitutional principle that all Canadians are equal and they should all have an equal say in who governs the country.
In fact, I would argue that it is the basis of Confederation. It was the long-held conviction of the first leader of the Liberal Party of Canada, George Brown. His statue stands behind the Parliament Buildings overlooking the Ottawa River. He was leader from 1857 and post-Confederation until 1873. He fought for that principle, both in the united Province of Canada before Confederation and subsequently in Confederation itself. It was in part because of that leader's efforts that Confederation was forged.
However, today we have come a long way from that constitutional and founding principle of the country. The gap between how many voters an MP represents in rapidly growing provinces like British Columbia, Alberta and Ontario and that of an MP who represents a riding in one of the seven other provinces has never been as large as it is today. Never has the gap been so large, since 1867.
Under the current formula, the seats that have been distributed in this chamber, according to the provincial divisions, have reached the point where the average MP in Ontario, B.C. and Alberta represents almost 30,000 more Canadians than MPs in the seven other provinces. This has undermined the very principle on which this chamber is based, representation by population. It flies in the face of the very basic constitutional principle that Canadian citizenship is the basis of our society, that all Canadian citizens should be treated equally and that all Canadian citizens should have a fair and equal say in who represents them in this chamber.
In the 1991 Supreme Court ruling on the proposed changes to the electoral boundaries for the provincial division in the House of Saskatchewan, the court stated:
A system which dilutes one citizen's vote unduly as compared with another citizen's vote runs the risk of providing inadequate representation to the citizen whose vote is diluted....The result will be uneven and unfair representation.
Clearly, we have a problem that needs to be dealt with before the next election and a problem with which Bill C-20, now at third reading, will deal.
We, as the government, have been debating this issue for over four years. The first iteration of a bill to re-apportion the seats in the House was introduced on November 14, 2007. It was Bill C-22, An Act to amend the Constitution Act, 1867 (Democratic representation). Some two years ago, a second iteration of the bill was introduced as Bill C-12, An Act to amend the Constitution Act, 1867 (Democratic representation). It was introduced on April 1, 2010.
Therefore, this is the third iteration of the bill with which we have now been presented. We have gone through extensive consultations with stakeholders, with various provinces, with members of Parliament in the debates that we have held in this chamber. It is now time that we deal with this issue, especially considering that the electoral boundaries commissions for the various provinces will be setting up shortly and will be undertaking a review of the proposed boundaries that would be used in the 2015 election.
As I said, this has been a long-standing commitment of the government. The bill also meets the government's commitment with three principles that we outlined in our last election platform, three principles that we had long held to. They are as follows.
First, we need to ensure that the rapidly growing regions of the country, particularly in areas like Calgary and Edmonton, greater Vancouver, the Lower Mainland, and the greater Toronto area, are properly, fairly and equitably represented in the House. That is why the bill would give 15 new seats to Ontario, 6 new seats to Alberta and 6 new seats to British Columbia.
We also committed to a second principle that would ensure that no slower-growing region of the country would lose seats. We have ensured that the provinces whose populations are not growing do not lose their number of seats in each provincial division in the House.
The third principle we committed to was to ensure that the provincial division of Quebec in the House would not under-represented. That is why in Bill C-20 would add three new seats for the provincial division of Quebec to ensure that its representation levels in the House would not fall below average.
The bill upholds those three principles and meets the fundamental requirement that the House be representative of the population of the country.
There have been some criticisms of the bill. I would like to talk about some of the criticisms that the official opposition has levelled at the bill. It is proposing that we fix the number of seats in the House for the provincial division of Quebec at the percentage it had in November of 2006. I cannot strongly disagree enough with that principle.
The first point I want to make to rebut the argument that the provincial division of Quebec should have a certain number of seats is that these seats do not belong to any province. The seats are federal seats. We consult with the provinces because we want their input, but at the end of the day, the seats are accorded to provincial division for administrative purposes. There is no reason why these seats belong to a particular province. They are simply provincial divisions for administrative purposes. The idea that any one provincial administrative division in the House should have a certain fixed percentage of the seats for time eternal flies against the very basic fact of Confederation, which is that this chamber needs to be representative of its population.
We used to have a guaranteed number of seats for a provincial division, or for an administrative division on Parliament Hill. That was for the United Province of Canada. After the rebellions in Lower and Upper Canada in the 1830s, came Lord Durham's report. Out of Lord Durham's report was the fundamental recommendation, acted upon by the authorities, that the Act of Union of 1840 would be implemented.
Out of the act of 1840, we merged the colony of Lower Canada, now Quebec, and the colony of Upper Canada, now Ontario, into the United Province of Canada. That act took effect in 1841. We had a single legislature and the capital bounced around from Kingston to Montreal, where it was burned, and later on to Ottawa. This site was selected as the provincial capital for the provincial legislature.
In that provincial legislature in the unitary state of Canada, as we did not have a federal state at the time, was the guarantee of 42 seats for Canada West, which is now part of the province of Ontario, and 42 seats for Canada East, which is part of the province of Quebec. It was a unitary state and because of the divisions between the francophones and anglophones, it was felt best to guarantee in the unitary state half of the seats for one administrative region and half for the other administrative region.
That operated for the better part of 25 years. Initially, what it meant, because Ontario's population at the time, Canada West, had some 450,000 and Canada East, Quebec, had some 650,000, was that Canada West was overrepresented in this chamber at the beginning of the 1840s and Canada East was under-represented. However, by the time the 1860s had rolled around, the inverse was true. In the 1861 census there were 1.1 million people in Canada East, Quebec, and 1.4 million people in Canada West, Ontario. As a result, there were increasing cries that reform was needed because Canada West felt its voice was under-represented in this unitary state of Canada, in this legislature for which these buildings on Parliament Hill were originally built.
A solution was found after much wrangling and years of debate through the various conferences that took place, and that was Confederation. The deal struck at Confederation was that we would go to a federal system of government with two sovereign orders of government, where the provinces would be responsible for areas within their jurisdiction and the federal government would be responsible for federal matters of jurisdiction as outlined in the Constitution, 1867.
One of the critical elements of this was that the chamber of the people, the House of Commons, in the federal order of government, would be representative of the population. George Brown, the first leader of the Liberal Party, fought for that. Many other members on all sides of the aisle fought for that. It has been the defining characteristic of the House for the better part of 150 years.
Clearly, the bill in front of us would meet that fundamental constitutional principle, but what has been proposed by the official opposition does not.
I want to speak briefly to the proposal made by the New Democratic Party in another regard. I have constantly heard that areas of the country are vast in geography with very little population and that we need to protect those regions because they are huge geographically. That misses the point. The point is this. In the House we represent people, not geography. We have domain over geography and we have domain over citizens, but we represent people not geography. That is the defining characteristic of how we divide divisions in the House.
When we established the non-partisan, arm's-length electoral boundaries commissions for each province, geography was taken into account in terms of whether we would slice down the middle of a municipality or whether we would go along our municipal boundaries. It is taken into account in terms of allowing some flexibility in terms of the geographic vastness in under-populated areas within a province. However, when we accord the number of seats for each provincial division, we do not take the geographic size of that provincial division into account. What we represent in the House is not geography but people.
I also want to speak briefly to the proposal that the Liberal Party has put forward. As I said before, it is a principled, logical proposal. However, it has one fundamental flaw. It would take seats away from five regions of the country: the provinces of Quebec, Saskatchewan, Manitoba, Newfoundland and Labrador and Nova Scotia.
With respect, because the Liberal Party is a third party, it has not garnered a lot of attention. However, I can say convincingly that any government that would introduce a proposal that would bring this into effect at this time in our nation's history would create a crisis among our federation and would create a lot of problems with the different regions of the country, pitting one region of the country against another. For that reason, I cannot support what the Liberal Party has put forward.
Our bill respects the fundamental principle of representation by population. It does so in a way that would not take seats away from slower-growing regions of the country, like the Liberal bill would do. It would ensure that the provincial division of Quebec in the House would not fall below the average of all the provincial divisions.
I want to finish on this thought. This is an incredibly important bill. The House does not currently represent or reflect the galloping heterogeneity of the new Canada. It does not reflect the makeup of our bustling regions like the Vancouver Lower Mainland or the greater Toronto area. It does not reflect the increasing diversity of cities like Calgary and Edmonton. The reason for that is simple. Out of the 30 most populated ridings in the country, these ridings are disproportionately made up of members of visible minority groups.
That is why the bill is so very important. This bill would add new seats to the rapidly growing regions of Toronto, Calgary, Edmonton and Vancouver, ensuring that the rapidly growing heterogeneity of this new Canada is properly represented in this House, so that after the next election we could move closer to the dream where everybody in this chamber, en masse, ensemble, reflects the makeup of Canada.
It is also important for another reason, and that is, in a democracy, people need to be properly represented. This bill would ensure that we respect the fundamental basis of Confederation, the fundamental basis of the Charter of Rights and Freedoms, the fundamental basis of the repatriation that has taken place. It would ensure that we respect the fundamental contract that we have with the Canadian people, which is that Canadian citizenship is the basis of our society and that Canadian citizenship means that we treat all citizens equally, regardless of their race, religion, creed, ancestry or how long they have been here. It also means that Canadian citizens all need to have an equal vote and an equal say in who gets to represent them in this chamber.
That is why this bill is so very important. It strengthens that principle and ensures that Canada is a democracy where citizenship is the basis of our society.
Justin Trudeau Papineau, QC
Mr. Speaker, I am very pleased to be coming back to this issue because it warrants a great deal of consideration and serious thought. Most Canadians are cynical about politics at this juncture, and I believe that we must study the very important issue of whether or not Canadians across the country are well represented.
Because of that, I would like to look at the three different plans that have been put forward, one by the Liberal Party, one by the Conservative Party which is Bill C-20 which looks like it is going to be enacted, and one by the NDP.
The Conservatives and the Liberals are very much in agreement that the faster growing provinces must move toward a closer representation of their actual percentage of the population, while ensuring that the smaller provinces and the slower growing provinces remain overrepresented in terms of their share of the seats and their population. Those are principles on which we are in perfect agreement, and might I add, on which the two plans are remarkably in sync. Before I dwell too much on that, I would like to take a moment to address the NDP's plan.
Marc Garneau Westmount—Ville-Marie, QC
Mr. Speaker, I have the honour of sharing my time with my colleague from Papineau.
It is a real pleasure to be able to speak to Bill C-20, whose primary purpose is to ensure that the vote of every citizen of this country has the same value. We know that the population is changing. It is declining in some places and growing in others, but overall, the population of the country is growing. Accordingly, every time we have a census, which is every 10 years, we have to do a redistribution and make sure that there is a fair proportion of members for each province.
This majority government had a choice between demonstrating leadership in this matter and taking the route it has taken. Unfortunately, that is going to cost us dearly and it is going to postpone a job that should be undertaken right now.
The government took the lazy and expensive approach and is increasing the number of seats in the House by 30 at a time when Canadians are saying that they do not need more politicians, at a time when Canadians are being asked to accept cuts in government services. The Conservative majority government failed to show the leadership required to provide Canadians with the most sensible option.
I am sure that members know this, but the proportion of seats by province and territory in the Conservative plan and the Liberal plan are virtually identical. Under the Conservative plan with 338 seats, 10.06% of the seats in the House of Commons would be allotted to Alberta. Under the Liberal plan with 308 seats, 10.06% of the seats in the House of Commons would be allotted to the province of Alberta. There are a few small decimal differences in some of the figures, but the plans are virtually identical.
In fact, the Liberal plan ends up with almost exactly the same proportion by province and territory, which is after all what is most important here, the weight accorded to each province. We come out with almost identical figures, yet the Liberal plan would save the taxpayer a considerable amount of money, about $100 million between 2015 and 2020. That is something Canadians would very much want us to do.
A poll was done last week of 1,000 Canadians across Canada that indicated three different choices: to preserve the status quo, in other words not to have Bill C-20; to go with the Conservative plan, which would increase the number of seats by 30; or to go with the Liberal Plan, which would keep the number of seats at 308 but with some redistribution. The results are in. The status quo was endorsed by 22% of Canadians. The Conservative plan was endorsed by 21%. The Liberal plan was endorsed by 57%. That is a fairly clear indication that Canadians want a solution that would not increase the cost and that would not add more MPs to the House of Commons.
Let us talk about some specific points now. First, I would like to talk about the risk of devaluing members by increasing their numbers. I think this is an important point. We all consider ourselves to be representatives of our ridings, but do we have a value? Professor Louis Massicotte of Laval University told the committee that having unduly large numbers of members could reduce the prestige of the office: “…international comparisons indicate that, the more members there are, the more the value of Parliament's role is somewhat reduced”.
Ultimately, this reduces the resources made available to parliamentarians to do their work. In fact, that is what might well happen here. The Conservative government has suggested that it might reduce members' resources in order to fund the increase in the number of members.
Similarly, a recent study done by Professor Paul Thomas and others compared constituency population and the quality of representation in Canada and the United Kingdom, and concluded that people are not more satisfied when they have more elected representatives.
Then there is the question of why the government would increase the number of members when it has contempt for Parliament, something there has been much talk about recently.
Professor Nelson Wiseman from the University of Toronto said to the committee that it is contradictory for the government to increase the number of seats when it is showing so little respect for Parliament anyway. He said:
One of the paradoxes right now is that we're increasing the size of the House of Commons, but we're using time allocation more and more and we're actually giving fewer MPs the opportunity to speak in the House of Commons. To me, that seems to be a contradiction.
It is a contradiction indeed. Why does the government want more MPs when it is using time allocation, cutting off debates, deflecting questions, bullying the House to force through its bills as never before?
Why would there be more members, when the government thinks so little of Parliament? Our Liberal proposal is constitutional.
At the outset of the debate on November 2, the Minister of State for Democratic Reform said that the Liberal plan was unconstitutional. He knows now that it is constitutional. All the experts confirmed this. They confirmed that the Liberal plan is fully constitutional. As Professor Andrew Sancton from the University of Western Ontario said to the committee:
The so-called grandfather clause, which prevents provinces from losing seats from one redistribution to another...was enacted by Parliament alone in 1985. It can just as easily be removed by Parliament acting alone in 2011. In fact, this is exactly what I urge you to do.
Let us now consider the large riding argument.
The Minister of State for Democratic Reform stated that we need more seats because we are a very large country, with very large rural and northern ridings, but we will always have these large ridings. He said that the extra seats will go to the rapidly growing city regions of Vancouver, Calgary, Edmonton and Toronto.
To touch briefly on the NDP proposal, it consists of piling up rules with the aim of pleasing everyone and their dog. The fact that the combination of these rules gives Canadians a House that is even more bloated than what is proposed in Bill C-20, a House that might consist of more than 350 seats, is so embarrassing that the NDP has not had the nerve to make its figures public, even though they have been asked for over and over. That party has no credibility on this point.
By failing to disclose how many seats each province would have under its plan, or what the increase in the total number of members of the House would be, the NDP is mired in vagueness and has ruled itself out of the debate. It has made itself irrelevant.
I will conclude by saying that 20 years ago, thePrime Minister of this country adopted the philosophy reflected in the Liberal approach. It was a wise approach and he should have held to it, but he has unfortunately abandoned it in Bill C-20.
Ted Opitz Etobicoke Centre, ON
Mr. Speaker, I am very happy to have this opportunity to stand again today to speak in favour of Bill C-20, the fair representation act. This bill is representative of a series of important points for Canadians in general and for both Ontarians and my constituents in Etobicoke Centre.
First and foremost, this bill would address serious and increasing under-representation of our fastest-growing provinces, Ontario being chief among them on a short list that also includes British Columbia and Alberta. The under-representation is a serious problem that has a direct impact on the way all Canadians experience their representative democracy.
The source of this under-representation is a current seat allocation formula instituted in 1985. The effect of the current formula has been to significantly increase the disparity between provinces protected by seat guarantees and the faster-growing provinces that do not benefit from those guarantees. Specifically, the faster-growing provinces of Ontario, British Columbia and Alberta have become significantly under-represented in the House relative to their populations, and this under-representation is only going to get worse.
In his presentation to the Standing Committee on Procedure and House Affairs, Professor Michael Powell of the University of Toronto spoke about the value of Bill C-20 in addressing the distortions caused by the 1985 formula. He stated:
[Bill C-20] removes the artificial cap on the size of the House of Commons.... The practical effect of the 279 formula means that not enough seats are added to the fast-growing provinces, those being Ontario, Alberta, and British Columbia. By removing that cap, Bill C-20 raises the possibility that representation by population will be adhered to much more closely than it currently is.
He went on to say:
The second positive move forward by Bill C-20 is that it adds seats to exactly those provinces that have fast-growing populations.... By adding the seats to the fast-growing populations, Bill C-20 is a positive move because it raises equality for those voters.
Bill C-20 delivers on our government's long-standing commitment to move the House of Commons toward fair representation. In particular, the bill reflects the government's three distinct promises to provide fair representation by allocating an increased number of seats now and in the future to better reflect population growth in Ontario, British Columbia and Alberta; protecting the number of seats of smaller provinces; and protecting the proportional representation of Quebec according to population.
Now that we have had the benefit of the second reading debate and committee review, the value of this bill has become even more clear, in particular when compared and contrasted with the proposals that have been put forward by the New Democratic Party, which refuses to provide numbers, and the Liberal Party, which is a little more understandable. When we review all of these proposals objectively, in my mind there is no question that Bill C-20 represents the most practical and fairest approach to improving representation in the House of Commons.
During the debate on Bill C-20, the other parties made alternative proposals to reform the formula for seat readjustments in the House of Commons. The NDP put forward a proposal that would see Quebec guaranteed a certain minimum number of seats in the House; our friends the Liberals have proposed that the number of seats be capped at 308 and then redistributed proportionally among the provinces. Of the three proposals, Bill C-20 is the only option that is not only practical but that also achieves the objective of improving representation in the House of Commons. In fact, I would go so far as to say that the options proposed by the other parties are at the extreme end of the spectrum and that their possible solutions would not be practical.
In the evolution of the seat readjustment formula, there have always been certain common objectives when changes have been considered, including the primacy of representation by population, seat protections for slower-growing provinces, and the desire to maintain a reasonable size in the House of Commons. The idea of guaranteeing a fixed percentage of seats to a province, as proposed by the NDP, has never been an element of the seat readjustment formula, and nowhere in the Constitution has there ever been a guarantee that Quebec--or any other province, for that matter--should receive a certain percentage of seats in the House of Commons.
Fixing a certain percentage of seats for one province would be contrary to the proportional representation of that province, since it would diminish significantly the principle of representation by population in the seat readjustment formula. Bill C-20, on the other hand, respects the principle of representation by population while ensuring that Quebec receives a number of seats in proportion to its population.
As Professor Pal stated in his remarks before the procedure committee,
This bill would add three seats to Quebec. I think that's a good development, because it means that the proportion of seats Quebec has in the House will not fall below its proportion in the general population.
In this regard Mr. Kingsley, the former chief electoral officer, said to the committee,
Insofar as Quebec is concerned, Quebec will remain right on, not overrepresented, not underrepresented, based on the total number of seats. This has been one of the objectives for a very long time.
The Liberal proposal is equally flawed and does not represent a feasible option for adjusting the seat readjustment formula. The Liberal proposal would freeze the number of seats in the House of Commons at 308 for the coming readjustment, remove the grandfather clause that protects the seats of the slower-growing provinces and then redistribute seats on a proportionate basis.
The key problem with the Liberal proposal is that it picks winners and losers among the provinces. It would create losers because it would result in seats being taken away from the slower-growing provinces and given to the faster-growing provinces. In effect, the Liberal proposal would take seats away from Quebec, Newfoundland and Labrador, Nova Scotia, Saskatchewan and Manitoba. Seats from these provinces would be redistributed to Ontario, British Columbia and Alberta.
Our government believes this would be an extremely unfair approach to representation in the House of Commons. We made a strong commitment to the slower-growing provinces that their seat totals would be maintained and we intend to meet that commitment.
As former CEO Jean-Pierre Kingsley noted in his testimony before the procedure committee,
...if you tell a province that it is going to lose some members, but that it shouldn't worry about it because it will keep the same proportion... I don't know how such a thing could be done in this country.
He went on to say:
I don't see how it could be achieved politically. The force of resistance would be too great.
Having received these competing proposals, it seems clear to me that Bill C-20 represents the best possible option. Neither of these opposition proposals is close to being a practical and fair solution to the issue of representation in this House; Bill C-20, on the other hand, does present a practical solution that goes a long way to achieving fair representation. The practical result of Bill C-20 is that every single Canadian moves closer to representation by population.
I would like to underline this point in more detail and discuss the importance of introducing a seat allocation formula that is more responsive to population size and trends. This legislation would move the House closer to fair representation for Canadians living in Ontario, British Columbia and Alberta while maintaining the number of seats for slower-growing provinces and ensuring that Quebec's representation is equal to its population. By introducing a seat allocation formula that is more responsive to population size and trends, the fair representation act would move the House closer to representation by population both now in the in the future.
The practical effect is that Ontario, Quebec, British Columbia and Alberta would be entitled to new seats under the fair representation act. Ontario would receive 15 new seats rather than only the three new seats it would receive under the 1985 status quo formula. Alberta would receive six new seats rather than only three, and British Columbia would receive six new seats rather than only one. Quebec's representation would equal its population, which means it would receive three new seats.
This is the best formula to move all provinces toward representation by population in a principled and fair manner. This fair representation would have a direct effect on my riding in Etobicoke Centre and on the Greater Toronto Area as a whole. It would generally have a direct positive effect on other large urban areas and cities in the three fastest-growing provinces. Canadians, especially new Canadians and visible minorities, would be much more fairly represented than they are now, and the populations of our ridings would be much more manageable.
A benefit of our bill over the opposition's proposals is related to rural ridings not being forced to become even larger than they already are from a geographic perspective. Many of my colleagues who represent rural areas have made this point and have raised concerns that the Liberal proposal in particular would greatly enlarge their ridings. My colleague from Lanark—Frontenac—Lennox and Addington was especially noteworthy on this point. Regardless of the advance of modern technology, rural MPs still find it challenging to stay in touch with and represent the people who live in such wide expanses of country, some of them thousands of kilometres square.
We have to face some realities. Our country is the second-largest country by land area in the entire world. This has particular implications, one being that even given the allowable population variances, many of our rural ridings cannot be anything but incredibly large.
These sorts of ridings are challenging to represent, even given the efforts at better communication through the use of technology and through increased resources. My colleague for Nunavut, the Minister of Health, has to fly to practically every single community within her riding. My colleague for Desnethé—Missinippi—Churchill River represents the entire northern half of Saskatchewan. It is massive. Our colleague for the NDP, the member for Churchill, represents more than the entire northern half of Manitoba. The ridings of northern Ontario, northern Quebec, northern British Columbia and northern Alberta are similarly very large. Ridings that large pose not only a distance and communications problem to MPs but also an enormous time problem. It can take hours to drive or fly to communities within one riding in these rural and northern areas.
The House does provide some extra financial resources to MPs for these areas, but ultimately MPs all have the same amount of time in which to visit their communities. I have the same amount of time to visit the people in my riding as my colleague for Kenora has to visit his. However, I can walk to many community centres in my riding and I can drive from end to end of it in a matter of minutes. That is a luxury of time that our northern and rural colleagues do not have. They have to drive or even fly for hours to reach different community centres.
Kenora, for instance, is fully half the size of the province of Alberta. Kenora is bigger than the country of Poland and much larger than many countries around the world. To impose a formula that would make those time and distance problems even more severe would be highly unfair to those MPs across this House, so that is something we have decided to avoid. That decision is part of the balance that we have struck in this bill, and that balance is important.
We have not claimed that our bill is perfect; it is a balance between competing principles. We do, however, maintain that it is a fair balance, a good balance and a balance that we should all be able to support at the end of the day. We balance fair representation for our faster-growing provinces with protection of seat counts for our slower-growing provinces. We balance the need for faster-growing densely populated areas to have a fair number of MPs with ensuring that our large rural and northern ridings will not get much larger, if at all.
We provide much more equal voting weight for Canadians who live in those urban areas, who are new to Canada, who are visible minorities, or who live in under-represented provinces.
We also provide a formula that does not punish the smaller provinces and that does not cause overrepresented provinces to become under-represented. We think this is a fair balance and one that is based on widely shared and easily recognized principles.
I note that as part of that balance, our government is addressing under-representation in a way that respects the representation of the smaller provinces. This is a long-standing commitment of our government and of our party. Canadians have given us a strong mandate to deliver in this regard, and that is what we will do.
The fair representation act is fair for all Canadians, not just for some provinces. It is a measured investment that brings every single Canadian closer to representation by population. Maintaining fair representation by population allows all members of Parliament to provide adequate services for their constituents. In the GTA and in Etobicoke Centre, it is integral for me and for my staff to ensure that people receive the help they deserve from our constituency offices.
Finally, the fair representation act also provides that the seat allocation formula would apply a representation rule. If a province became under-represented as a result of the application of the updated formula, additional seats would be allocated to that province so that its representation will equal its share of the population. Based on population estimates, Quebec will be the first province to receive new seats in order not to become under-represented by the application of the updated formula. Quebec has 23% of the provincial population and will have 23% of the provincial seats in the House of Commons.
Though the representation rule is nationally applicable and applies to all provinces that enter this scenario, the representation rule is a principled measure to ensure that smaller and lower-growth provinces do not become under-represented in the future and that they will maintain representation in line with their share of the population. This is fair and just.
In addition to the updated formula for allocating seats, Bill C-20 also proposes amendments to the Electoral Boundaries Readjustment Act, the EBRA. The Electoral Boundaries Readjustment Act sets out the process for readjusting electoral boundaries within provinces once the allocation of seats by provinces is known.
Under the current timelines, it would take approximately 30 to 38 months to complete the readjustment process following the release of census results. This would mean the process would not be complete until November 2014. The changes proposed in the bill aim to shorten the timelines in the current boundary readjustment process with a view to streamlining that process. With these changes, it would be possible to bring forward the completion of the boundary readjustment process to early 2014. I think that benefits all parties in the House.
During the hearings at the Standing Committee on Procedure and House Affairs, both the current Chief Electoral Officer, Marc Mayrand, and former chief electoral officer, Jean-Pierre Kingsley, noted that the amendments were consistent with previous recommendations and there would be no problems associated with the new timelines. As Mr. Mayrand stated:
We are confident that we and the commissions will be able to proceed and implement the new formula and the remainder of provisions of the legislation without too much difficulty, provided it's enacted in time.
The fair representation act fulfills our government's long-standing commitment to move toward fair representation. It would bring the faster-growing provinces of Ontario, Alberta and British Columbia closer to representation by population, while protecting the seats of slower-growing provinces and providing seats to Quebec in proportion to its population.
The new formula corrects a long-standing imbalance in democratic representation between the different provinces and our federation. In short, it is the best formula to move toward fair representation in a principled manner. It is reasonable. It is principled. It is nationally applicable. Most of all, it is fair for all Canadians. It will achieve better representation for Canadians living in fast-growing provinces, while maintaining representation for smaller and slower-growing provinces. It brings every Canadian closer to representation by population.
I hope all hon. members in the House will also agree and will come to support the bill in order to restore fair representation to the House.
December 13th, 2011 / 3:15 p.m.
See context
The House resumed consideration of the motion that Bill C-20, An Act to amend the Constitution Act, 1867, the Electoral Boundaries Readjustment Act and the Canada Elections Act, be read the third time and passed.
Democratic Reform
Oral Questions
December 13th, 2011 / 2:45 p.m.
See context
Edmonton—Sherwood Park
Alberta
Conservative
Tim Uppal Minister of State (Democratic Reform)
Mr. Speaker, our government is delivering a principled, reasonable and fair bill for all Canadians with the fair representation act. It is truly a national formula. The opposition has brought forward alternatives. I thank those members for contributing to the debate, but I believe that in their attempt to score political points they are ignoring the real consequences of their proposals. It is time to put politics aside and support a truly national, fair for all Canadians strategy on representation. That is why I am asking the opposition parties to vote for the fair representation act tonight.
Blaine Calkins Wetaskiwin, AB
Mr. Speaker, there is no question that Bill C-20 represents the most practical and fair approach to improving representation in the House of Commons. It is the only truly national representation strategy. It is the only formula that can claim to be fair for all Canadians. Bill C-20 addresses the serious and increasing under-representation of our fastest growing provinces: Ontario, British Columbia and Alberta. The problem is significant right now and it is only going to get worse if we continue with the status quo.
Could the Minister of State for Democratic Reform please tell the House why all parties should be supporting this bill?
Pat Martin Winnipeg Centre, MB
Mr. Speaker, I am very pleased to join the debate on this bill. Perhaps I could keep my remarks very brief, as all that really needs to be said here today is that this bill is not ready for a third and final vote.
We have not come to a national consensus on what direction we need to go on this thorny subject. We have not had the consultation that is necessary. In fact, the actions of the members on the government side serve as a graphic illustration that this is an idea that has not reached gestation. This is an idea that has not matured fully. It has not had the requisite exchange and the requisite participation and consultation. The illustration is that the government itself has introduced three different bills on this subject. In fact, this is the fourth effort, and each one has changed in its formula and its makeup.
Through the 39th Parliament and the 40th Parliament and the 41st Parliament, the government could not and cannot make up its mind what the picture should look like. Do we need any more evidence that we are not ready to move forward with this bill?
As with every other bill that the government has introduced in the 41st Parliament, it has shut down debate, consultation and any opportunity to add value to a worthy notion so that we could craft something that deserves the pride of the Canadian people. Instead of a nation-building exercise, we are being divisive and dismissive of the many legitimate points of view that are not going to be heard on this debate.
My colleague from Edmonton just said that there has been consultation and that the Premier of Alberta herself likes it. However, there has not been a national consultation and consensus. The minister for intergovernmental affairs for the Province of Quebec has stated openly that it is not meeting their expectations. They reject it; other provinces do as well.
We should consider a very important point. We banter around the word “consultation”; the Supreme Court of Canada has ruled numerous times in recent years on what the definition of consultation is. It means far more than simply asking somebody their views on the matter.
True consultation, to meet the legally recognized definition of consultation, means that you have to accommodate some of the legitimate concerns brought forward by other parties in the process of that consultation. To simply listen and ignore all the points brought forward does not meet the test of consultation, and that has not happened here, nor has it happened with previous bills in this 41st Parliament.
I have been here for six different Parliaments, and I have never seen anything like it in my life, nor has any veteran member of Parliament in this chamber. We have never seen such a disregard for the legitimate opposing views that make up Parliament, which consists of government and opposition.
The father of the member for Papineau once said that MPs are nobodies once they are 50 feet off of Parliament Hill. I hate to say it, but he might want to revisit that popular expression. Members of Parliament are nobody even when they are sitting in this chamber if they are sitting on the opposition benches, because there is such a distinct lack of respect for every one of us that it offends the sensibilities of any person who calls himself or herself a democrat, never mind a New Democrat. It is an insult to the intelligence of everybody here.
Sometimes, in their missionary-like zeal to ram their agenda down the throats of Canadians, the Conservatives are being dangerously ignorant of what a fragile construct and what a precious thing we hold here in our hands as a Parliament in a western democracy.
I wonder if the government is aware of the irreversible damage it is causing. I say “irreversible” because once it lets that genie out of the bottle, it will never get the toothpaste back in the tube, if members do not mind my mixing a number of metaphors.
Once we go there, we cannot get back. Once they have let the pendulum swing so wildly to their ultra-right-wing neo-conservative agenda, it is going to cause a backlash. Normal progressive-thinking Canadians, the majority of progressive-thinking Canadians, are going to have no alternative but to respond; the pendulum will swing wildly the other way, and they will have started to create instability throughout the land. That is the direction we are going.
The Conservatives no sooner won their majority than they started to abuse their majority. That is the danger here. In the spirit of Christmas, that is what I am here to caution. In all good will, I am here to caution my colleagues on the other side not to go there. Mr. Speaker, through you, I tell them not to open that Pandora's box, because they will regret it. It takes a while for these things to resonate throughout the land, but people are starting to take note.
The farmers in western Canada are starting to take note. They thought the vote that was guaranteed to them by legislation would occur and that the government of the day would uphold the rule of law. That is another graphic illustration of the blatant disregard the Conservatives have for everything that is good and decent about our parliamentary democracy. They cut a swath through everything that is good and decent about everything we stand for. The very foundations, the very fundamentals upon which we built this great nation, are being struck down one after another by a bunch of ultra-right-wing neo-conservatives who are tantamount to despots when it comes to living up to any semblance of parliamentary democracy.
I accuse them of being not only ignorant, but dangerously ignorant, of what a fragile construct democracy is. They themselves should read a book. They themselves should look at the history of Canada. They themselves should look at the founding nations that built this fragile construct that we call our parliamentary democracy, and they should know that it needs vigilance to nourish democracy.
We cannot treat it with a cavalier disregard. If we do away with any one element, it is like pulling a thread on a sweater. Pulling that string of wool makes it all begin to fall apart. The very fabric of the consensus that built this great nation needs to be cultivated and nourished and watered and developed. It cannot withstand a full majority term of the Conservative government and its blatant disregard for everything that our parents went to war to fight for and to build up. This great nation that our fathers and forefathers built is now vulnerable.
Let me give an example. This is something I learned from a great statesman named Gordon Robertson, who was active in the Liberal era under Trudeau.
In a speech he gave in the time of the Charlottetown Accord, he reminded Canadians that there are fewer than 20 federations in the world. Of all the hundreds of countries in the world, fewer than 20 are federations, because by definition that is the most difficult form of government to put together. It cobbles together diverse interests from diverse regions that accommodate one another's concerns to create something greater than the sum of its parts. That is what a federation is, and it is tough. The largest and most successful is the United States, and it blew itself apart in a bloody civil war after only 75 years.
Of those 20 federations in the world at the time of Mr. Robertson's speech, three were in the process of blowing themselves apart. The Soviet Union is now gone. Yugoslavia is now gone. The third one he cited was Canada. Believe me, there is nothing to guarantee that we will be here in 20 years if we do not nurture and cultivate and nourish the fundamental principles upon which this nation was founded. To be ignorant of them is, again, playing with our children's future.
That is the very core, the nucleus, of what we are dealing with here today.
If members think I am overstating things, I challenge any one of them to rise and contradict me, because it is not just this bill, it is the whole experience since May 2. Every single thing the Conservatives have done has been an affront to the spirit of democracy, an affront to the institution of Parliament. Conservatives have shown a blatant disrespect for all of our parliamentary institutions and the spirit of goodwill that made them and brought them about.
That is what offends me most in the spirit of democracy. We are being denied our fundamental right to do the oversight, the scrutiny and the due diligence that is our role and our job as the other half of Parliament.
Parliament may have two chambers, but each of those chambers has two constituent parts, the government and the opposition, and nobody has a monopoly on good ideas. It takes an ignorant man to think he knows it all. In fact, that is the best proof that somebody is stupid: he thinks he knows it all. There are good ideas and ideas of great merit on this side of the chamber as well, and the way we test the strength of our positions is to subject them to vigorous debate. If they can stand up to the challenges of legitimate debate, the devil's advocate, then we have tested the mettle of our principles, but along the way we may learn that we did not know it all and that maybe there were points of merit that the other side could contribute.
I was here in previous majority governments. This is my sixth term. I did not just fall off the turnip truck. I cannot believe I am calling it the good old days, but in the good old days of the Liberal majority government, we used to have amendments succeed at committee and in the chamber and at third reading. We had many amendments. A bill might be at committee for six weeks, and in that process tour the country and get input from people from all walks of life. Someone at some point might say, “By golly, that guy had a really good idea; we should fold it into this bill as an amendment.”
Do I have to spell it for these guys? They have not allowed a single amendment on a single bill in the 41st Parliament, except the two the Conservatives themselves put forward to amend their own bills. They have been in a fast-track mode, trying to ram stuff down the throats of Canadians with such missionary zeal that they themselves forgot some of the things they meant to put into bills.
I have seen the Minister of Public Safety stand and try to introduce six amendments to his own bill at third reading, the very things that he himself denied at committee. That is an example of the mistakes that can be made through haste. These things are too important to screw up. We have to get it right, because we are stuck with the consequences for a long time.
This is the appalling thing, and it really does worry me. We will not recognize this country with these guys in charge for four years. God help us if we leave them there for eight. If we have to wait until 2019 to relegate these neo-conservative, obsolete, outdated, ideological zealots to the trash heap of history, we will not recognize what is left of this country.
The rest of the world is waking up. These guys are still with Maggie Thatcher and Ronald Reagan and Brian Mulroney. They are neo-conservative zealots. We are the only country in the developed world that is still suffering under this outdated Conservative ideology, and progressive Canadians are having it rammed down their throats without even the opportunity that is guaranteed by the Constitution to participate in the governance of this country.
This particular bill is perhaps one of the most glaring examples and graphic illustrations of everything that is wrong with everything the Conservatives do.
It is almost the end of the year. It is almost the Christmas recess. It has been five long weeks, and it has been truly an exhausting and demoralizing experience to watch the Conservatives revelling in glee as they destroy our parliamentary institutions. They are doing enormous damage to our democratic process and everything we hold dear about this country that we love.
I have heard some thoughtful, refreshing, energetic, enthusiastic participation from the opposition benches and it is all for naught. It is falling on deaf ears. It is falling on the ears of people who have only thing in mind, and that is to re-create Canada in the image of George Bush's America. Piece by piece and incrementally, the Conservatives are well on their way, in everything they do, to create their little neo-conservative nirvana with our country. It is really appalling.
What should have been and could have been an opportunity for nation building, as I get to the substance of Bill C-20, has been a missed opportunity.
In fact, I enter this debate with full disclosure that the formula would leave my home province with the exact same number of seats that it had. I am not here to ride any particular regional hobby horse. I am here to emphasize that the very magic of a country that cannot possibly work on paper, but actually works very well in practice, the very magic to this fragile construct that I referred to earlier is the accommodation of the legitimate concerns of the constituent regions that make up our country. Simple math, and I emphasis “simple”, is not going to cut it without the consideration of the legitimate role that the founding nations played without some reasonable debate.
Because the Conservatives have moved closure yet again and shut debate, we will not even be able to raise something that I am very excited about. I was recently in New Zealand and I spoke with the Maori Party there. The first nations in New Zealand are guaranteed seats in the New Zealand parliament. That country does not have a constitution. The treaty it signed with the Maori people constitutes its constitution.
These are exciting progressive ideas that deserve to be at least entertained and considered when we deal with representation and the seats of the House of Commons. We will not get a chance to do that. We will not hear a single witness at committee speaking to that as an option. I am not pushing it, but it is an option that is worthy of our consideration as members of Parliament. If we are at all thoughtful and considerate about the representation, perhaps we would acknowledge that there were more than two founding nations that created Canada, that, in fact, first nations, Inuit and Métis people are not as well represented as they could be.
It is only one of these things. We could go on and on. In fact, we should go on and on, at least in the consultation process. As I say, the true consultation, which includes the accommodation of some of the things that we hear in the process of consultation, is what would make it a meaningful exercise. That is what Canadians are being denied by the ramrod tactics of the current government as it rams through its agenda, without the consideration of the majority of Canadians.
The Conservatives do not have all the answers. I argue that they are not doing it right. None of the bills that we have had rammed down our throats are fully matured to the point that they should be given royal assent. They are not finished. They are immature, like the people who drafted them. It is an immature process. They have not reached their gestation. In fact, they are not ready.
