Fair Representation Act

An Act to amend the Constitution Act, 1867, the Electoral Boundaries Readjustment Act and the Canada Elections Act

This bill was last introduced in the 41st Parliament, 1st Session, which ended in September 2013.

Sponsor

Tim Uppal  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

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

This enactment amends the 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.
It amends the time periods in several provisions of the Electoral Boundaries Readjustment Act and requires that electronic versions of maps be provided to registered parties.
It also amends the Canada Elections Act to permit a returning officer to be appointed for a new term of office in certain circumstances.

Elsewhere

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

Votes

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.

Constitution Act, 1867Government Orders

April 7th, 2022 / 1:40 p.m.
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Conservative

Michael Cooper Conservative St. Albert—Edmonton, AB

Madam Speaker, I will be splitting my time with the member for Mission—Matsqui—Fraser Canyon.

I rise to speak on Bill C-14, an act to amend the Constitution Act, 1867. More specifically, what this bill would do is amend what is known as the grandfather clause. By way of background, the grandfather clause has been part of our Constitution since 1986, with the passage of the Representation Act, 1985. Very simply, what the grandfather clause does is establish a floor in terms of the allocation of seats by province in terms of the redistribution process that takes place every 10 years. The floor that the grandfather clause sets is that no province shall be allocated fewer seats in future redistributions than that province had in 1985.

Bill C-14 is a fairly straightforward piece of legislation in that it amends the grandfather clause by establishing an updated floor, a floor of 2015 as opposed to 1985. More specifically, it would ensure that no province will receive an allocation of fewer seats than that province had in 2015, in the 43rd Parliament, in any future redistribution. What that means for my province of Alberta is that it increases the floor in terms of the minimal number of seats that Alberta will be allocated in any redistribution by 13, the 13 seats that Alberta gained between 1985 and 2015.

When we look at the issue of allocating seats across Canada, a foundational principle of our democratic process is representation by population. Representation by population is based upon the notion that the weight attached to the vote of each Canadian should be equal, regardless of what region of Canada they live in. It is a principle that was adopted by the fathers of Confederation in 1867, and it is a principle that is enshrined in our Constitution.

While it is a principle that is foundational, achieving pure representation by population is not practical. Indeed, it is not entirely desirable in regard to a number of factors, including the vastness of Canada. With respect to the impracticability of achieving pure representation by population, one need look no further than our Constitution. For example, the senatorial clause of 1915 guarantees that every province shall have at least the same number of seats in the House of Commons as it has senators. That is why, for example, the province of Prince Edward Island is guaranteed four seats in the House of Commons because it has four senators, notwithstanding the fact that the province of Prince Edward Island has fewer than 160,000 people.

Indeed, my riding of St. Albert—Edmonton is almost as large as Prince Edward Island. My friend and colleague down the road in Edmonton—Wetaskiwin represents a riding of more than 200,000 people, 40,000 or 50,000 more people than Prince Edward Island. One might say to simply rescind or repeal the senatorial clause, but of course that requires the unanimous consent of the provinces. Prince Edward Island, I am sure, will be in no hurry to offer its consent.

Achieving pure representation by population is not practicable, but it is also important to take into account what the Supreme Court of Canada provided for in the Saskatchewan boundaries reference case of 1991. That case dealt with the boundary redistribution in the province of Saskatchewan that tended to disproportionately favour rural areas at the expense of more populous urban areas. The court looked at section 3 of the charter, which guarantees the right of every Canadian to vote, and in the context of the redistribution of boundaries in the province of Saskatchewan, the Supreme Court determined that the overriding principle is one of effective representation.

In terms of effective representation, the court recognized such factors as geography, communities of interest and so on. However, that being said, the court did stress the importance of representation by population. To that end, I would cite Madam Justice McLachlin, who said:

What are the conditions of effective representation? The first is relative parity of voting power. 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.

In order to have effective representation, what we must have, to the greatest degree possible, is representation by population. That is where we have moved significantly towards, thanks to the leadership of Prime Minister Harper and the previous Conservative government with the passage of the Fair Representation Act.

The Fair Representation Act replaced the 1985 formula that established an electoral quotient, which is the first step in terms of determining the allocation of seats, with a new formula that sets a new electoral quotient. The problem, very simply, with the 1985 formula is that, although it was thought to be fair in 1985, it did not allow for the allocation of seats by province to keep up with population growth among the fastest-growing provinces. As a result, the fastest-growing provinces were denied their right to fair, proportionate representation in the House of Commons. It created, over time, a representation gap.

Take, for example, my province of Alberta. Alberta gained nearly one million people between 1988 and 2004, yet in the span of nearly 20 years with one million new Albertans, Alberta only gained two seats in the House of Commons. So significant was the representation gap at the time that the Fair Representation Act was introduced, some analysis established that the three fastest-growing provinces in Canada, namely Ontario, British Columbia and Alberta, were among the most under-represented provinces or states in the industrialized world, according to analysis at the time from the Mowat Centre.

The Fair Representation Act addressed the representation gap significantly by establishing a new formula that better takes into account population growth, all the while respecting the overriding principle of effective representation. What that has meant in the last two redistributions is an increase in representation for the provinces of Ontario, British Columbia and Alberta.

My province of Alberta has gained nine seats in the span of 10 years. Ontario gained 18 seats in the first redistribution. The province of British Columbia gained eight seats. That gap is being closed thanks to the legacy of Prime Minister Harper and the formula provided in the Fair Representation Act.

In closing, I will say that this legislation, I am pleased to see, would not in any major way impact the Harper formula. It would maintain the Harper formula, and in that regard it maintains a significant step forward in achieving something much closer to representation by population, which the Supreme Court has said is essential for having effective representation.

May 26th, 2015 / 12:20 p.m.
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Prof. Michael Pal

Thanks very much for the question.

I'm on the record at this committee a couple of years ago speaking on the Fair Representation Act criticizing that 1991 decision from the Supreme Court. I believe we're on the same page that we should have representation by population.

In terms of models, I think the current Canadian system is not so bad, but the overarching principle should be how we can make access for all the people who want to vote as easy as possible, keeping in mind that we want electoral integrity and to prevent fraud. A suggestion from another committee member was to expand the use of email. To be allowed to vote in embassies is another option. Military personnel are allowed to vote on military bases—someone correct me if I'm wrong—but having physical locations in places where there are large numbers of non-resident Canadians is one useful option.

Mr. Kingsley suggested provisional balloting is also a potentially useful one, and if there are any disputes about ID or residence then the ballot would potentially be counted, but put in a separate pile where things would be proven. The issue there is that you don't want to make it so onerous for the person to have to go prove otherwise.

The United States is one jurisdiction where they have enacted more onerous voter ID requirements. The courts have been quite willing recently to strike those down and to go back to the constitution. Making the vote as accessible as possible, I think, should be the guiding principle.

November 27th, 2014 / 11:20 a.m.
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NDP

Alexandrine Latendresse NDP Louis-Saint-Laurent, QC

Very well. I am pleased to hear it. Since they are looking after us, we want to take good care of them also.

I have a question about the increased number of members of Parliament under Bill C-20, adopted two years ago. Do you have a better idea of the costs involved in adding 30 seats to the House of Commons?

National Capital ActPrivate Members' Business

April 28th, 2014 / 11:35 a.m.
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NDP

Paul Dewar NDP Ottawa Centre, ON

Mr. Speaker, before I speak to the bill in front of us, I would like to take the opportunity to provide condolences to the family of Marc Robert Nelson, whom people in the House will know as the worker who died recently at the Bank of Canada. This is a day of mourning for injured workers and those who have been killed on the job. I want to provide condolences on behalf of our party and Parliament to Marc Robert Nelson's family. It is a tragic loss, and something that reminds us of the need to look out for job safety everywhere.

The bill we have in front of us has a fairly long history. As has been noted by my colleague from across the way, there have been different iterations of the bill. They have been from me, from the government a couple of times, and now from my colleague.

One thing we should understand is the reason for having this bill in front of us. As has been noted by all members who have spoken to the bill, it is the need to protect a park that many people thought already had protections.

Mr. Speaker, I am sure you have gone there with your family, as others have. When people come to Ottawa, they do not only come to the House of Commons; they usually take the opportunity to visit the region. Gatineau Park is fundamental to the identity of the national capital region.

When we talked to people about Gatineau Park, it was a great surprise to many to find out that it is not a park, in essence, with protections. Rather, it is a park in name. When we think about all of the other parks—frankly, the government has done some good work in protecting parks and creating new parks—the fact that we have not protected Gatineau Park and given it the fundamental protections it needs is something most people find very surprising.

The good news for people who want to see Gatineau Park protected is that I do not see any contention at all with anyone that it should be a park, that it should be protected, and that we should have some legislation to protect it. When people look at Parliament, they often see that there is derision and that people cannot agree on the day of the week. When it comes to Gatineau Park, people agree, and we have heard agreement from the government side, that there should be protections.

In fact, Bill C-20 and Bill C-37 of previous Parliaments would have given just that. I worked with the government on Bill C-20 and Bill C-37 when they came before the House. They were government bills. As I mentioned, I also had a bill of my own. We actually worked together to try and move things forward to protect Gatineau Park for reasons that have been mentioned and are probably worthy of reiteration. It is a place of history. It is a place of biodiversity. It is a place for recreation. It is a place where people come to enjoy and to protect nature. It is a fundamental piece of history for first nations, who were the stewards of the land before there was European contact.

It embodies many of the values, symbols, and history of our country. That is why I am passionate about Gatineau Park. Yes, I am the member for Ottawa Centre, but for people in Ottawa and for those who have experienced the national capital region, Gatineau Park is a shared place. It is not one entity for only those people who live in and around the park. That is why it is so important.

As I said, there is consensus to protect the park.

It was interesting that back in 2008, we were looking at bringing forward legislation to protect the park. I worked with the government at the time. I had my own bill. The government then brought in its legislation. I had a campaign going to get public support behind this, as my colleague from Hull—Aylmer has done. It was then a matter of consulting the community and getting the park going.

Bill C-37 was brought forward. What was not mentioned by the government, just for the sake of facts, is that the reason Bill C-37 did not go forward was that Parliament was prorogued. Let us put that on the record. It could have been passed. We would now be talking about how great the Gatineau Park bill is and that all the things we want to see being done had been done.

Alas, as everyone knows, when Parliament is prorogued, government bills die. Fine, that was okay. We came back and worked with the government on Bill C-20, a government bill, to strengthen the bill, and it was a good experience. It was not a priority of the government. It finally brought it forward just before the 2011 election, and there was not time for it to make its way through. I had pleaded with my friend, the Minister of Foreign Affairs, to get it going and fast-track it, and we could have had it done. That is by way of background.

The government has picked out a couple of things it thinks is worthy of note to suggest that we should oppose the bill. I appeal to those who look at the role of backbenchers and individual members of Parliament to look at the bill and what the government is saying in its critique of it, particularly my friend from the Hamilton region. In his speech, he noted things that could be changed at committee. If the government wants to protect the greenbelt in Ottawa, there is nothing in the way of doing that.

With respect to my friend across the way and the government members who have been given their points as to why they should oppose the bill, they should actually reflect on the argument. Their argument is that the Gatineau Park bill is too restrictive and does not include the greenbelt here in Ottawa. It is a simple thing to amend it at committee. We could support that. We have no problem with that. In fact, that is what we did with Bill C-20 and Bill C-37.

Note that when private members' bills come forward, members want to make sure that there is a chance that a bill can be passed. They sometimes bring forward bills and the government will say that they are too big. My friend from Hull—Aylmer put this very specifically with respect to Gatineau Park. If the government wants to make the scope bigger, fine, we have no problem with that and will support that.

With regard to some of the other issues, they really are not worth killing the bill.

I know that there is a Conservative member bringing forward an initiative to allow members to have more say in legislation.

One of the things we should honour is that if a bill is not too controversial, we should allow it to at least get to second reading. After all, we only get one shot at this, whether we are on the government side or in opposition. Respectfully, if there is good intent, as there is in this bill, at least let us get it to committee. I plead to the government, because there will be a change of government sometime. Members will be in a position when they will want to bring their private members' bills forward, and we should remember that, because this is about how Parliament functions. The bill could be amended by bringing in best ideas.

I was recently at a conference with legislators from the U.K. and the U.S. When they bring forward legislation and members get behind bills, there is an opportunity to have debate and input. We do it at second reading. It gives life to an issue. I would plead with the government to think about this. This is about protecting the park, but it is also about protecting the integrity of our Parliament. If the bill is not up to the standard the government or backbenchers or frontbenchers or anyone wants, then that can be dealt with at committee.

Let me finish with the following. Everyone agrees that we should protect Gatineau Park. Let the bill get to committee. Let members of Parliament play their role as representatives of their constituents, and let good ideas go forward. Let us not get in the way of a good idea and the participation of everyday members of Parliament on the bill. People want to protect the park. Members agree on that. Let us get the bill to committee so Parliament can do its work, so MPs can do their work, and so citizens can see the value of the work we do here.

Combating Terrorism ActGovernment Orders

October 17th, 2012 / 4:30 p.m.
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NDP

Sylvain Chicoine NDP Châteauguay—Saint-Constant, QC

Mr. Speaker, I sincerely thank my colleague for his question.

He pointed out some undeniable facts and truths, one of them being that the government seems to always be trying to attack the rights of unions and unionized workers. It wants to attack the most fundamental of rights, as Bill C-20 shows. Apparently, the government has now put that bill aside, because of the public discontent created by the idea that it would give police the power to listen to or spy on the conversations we have on the Internet or in email.

With this bill, the government is launching a shameless attack against the most fundamental of our freedoms: our individual freedoms. We must strongly condemn this attack.

Combating Terrorism ActGovernment Orders

October 17th, 2012 / 4:05 p.m.
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NDP

Alexandre Boulerice NDP Rosemont—La Petite-Patrie, QC

Mr. Speaker, I too would like to congratulate my New Democratic colleague for her excellent, well-documented and substantial comments about concerns that, in my view, are fair and legitimate.

I would like to ask her a question about the overall direction being taken by the Conservative government and about what is revealed in this bill. It amounts to one more bill that restricts civil liberty, and that aims at oppression and repression. Some repression is of course needed, but caution is in order. Our police officers should have the resources they need, but are we dealing with a government that wants to interfere in the private lives of Canadians? What is more, where are we on bill C-20? I do not know where it stands. It is as if it has disappeared. It raised legitimate concerns.

And yet the government is systematically moving towards limits on fundamental freedoms and respect for human rights.

I would like my colleague to tell us whether she believes we are witnessing some form of neo-conservative bifurcation by the government on the other side of the House.

Democratic Representation ActPrivate Members' Business

March 1st, 2012 / 6:15 p.m.
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NDP

Ève Péclet NDP La Pointe-de-l'Île, QC

Mr. Speaker, I am in fact very pleased to rise today in this House and to tell all my colleagues, particularly those from Quebec, just how proud I am that we are able to stand up for Quebec's level of representation in our democratic system and champion the Quebec culture and what it brings to Canada from an historical standpoint.

Allow me to put things into context. As everybody knows, Bill C-20 was passed before Christmas. This brought Quebec's representation in this House from 24.35% to about 23%. In fact, the bill provided for the addition of seats in several provinces of Canada, which is quite legitimate, while reducing Quebec's political weight within the House of Commons.

For the Conservatives, who love to talk about laws and law enforcement, I would like to present an argument that has never been successfully challenged and that is still contemporary. It is very important to understand that the Supreme Court stated that, according to the Constitution, representation by population is a constitutional principle. However, this is not called into question at all by this bill. The governments, parliamentarians and legislators must also take into consideration historical and cultural criteria when it comes to the representation of members in this House.

For example, there was a debate on Bill C-7 regarding the selection of senators. I made a number of remarks when I rose to speak about that bill. I stated that the role that the Constitution conferred upon the Senate is one of regional representation. In fact, the Senate was created to enable the regions that had less weight in the House of Commons to be better represented in another chamber. But that was never achieved; it was never honoured. The idea, of course, was to ensure that rights are conferred upon our country's minorities, to some of its cultures and its peoples, in order that they may have a voice in our democratic system.

We have had to fight. The NDP had to fight to get the government to give Quebec more seats. We reminded the government that in 2006 it had passed a motion recognizing Quebec as an integral part of Canada while maintaining its nationhood status, in other words, that it is a distinct nation within a united Canada. The government was very clear about this. Yet, today, the government once again refuses to give Quebec the place it deserves within the House of Commons. The NDP and my colleague from Compton—Stanstead want to fight so that Quebeckers maintain the voice to which they are entitled in this House.

This bill does not render invalid the addition of other seats in other provinces: on the contrary. What does this do? It tells Quebeckers—in line with everything this government has claimed since it was elected in 2006—that Quebec has a place here, that it has the right to a percentage of representation. And we want it to keep that same percentage of representation, since the Government of Canada has itself recognized Quebec as a nation within Canada. That percentage is 24.35%. Bill C-20 reduces this percentage by a little more than one percentage point. But what are they thinking, on the government side? They are being asked for a little more than one percentage point. It is not as if we were asking for an increase from 24.35% to 50%. We are simply asking them to keep their word.

It is quite simple: let them keep the promise they made to all Quebeckers in 2006 when they recognized that Quebec is a nation. And the Supreme Court said in 1991 that consideration must be given to historical and cultural criteria when talking about democratic representation within Canada. So this is clear. I fail to understand why the government wants to flout these principles. It is clear, plain and specific. Quebec is a nation. The Conservatives recognized this in 2006. In 1991, the Supreme Court recognized that account must be taken of cultural and historical criteria. It is clear and specific, it is in our democracy and in our history, it is right there in front of them.

Once again, I hope that my colleagues in the government will vote in favour of this bill. If they do not, it will show that they are once again going to flout not only Quebeckers' and Canadians' desire to have democratic representation in the House, but also a Supreme Court ruling and principles that have been established for years.

The government is inconsistent in its actions. In 2006, it claimed that Quebec is a nation. Everyone was happy; we had been asking for this for a long time. Thank you very much. But right after that, we saw that respect for the French language in this Parliament completely collapsed. I am truly outraged today, for I am ashamed to see the government’s scorn of language rights. We saw this yesterday, when they refused to vote for a bill that would allow Quebeckers to work in certain federal institutions in their own province in compliance with their language rights.

The government is not even prepared to recognize this or to take action to help Quebeckers and ensure that the French language is respected. It claims that French is part of our country and our history, but that is where it ends. There is no action, no funding. The government claims that there will be a commission to examine the French language, but it has never been created, and no funds have been invested for that purpose. It will probably be created in 2014 or 2025, or who knows when. Perhaps it will never be created at all. Empty words.

Emptiness is what the government gives us. I hope that the Conservatives will wake up, give themselves a slap in the face and realize that it is time they recognize that Quebec is part of Canada. Even though Quebeckers refused to vote for the Conservatives, the Government of Canada is supposed to represent all Canadians. Whether in British Columbia, the Yukon or Quebec, it is supposed to respect the rights of all Canadians.

Democratic Representation ActPrivate Members' Business

March 1st, 2012 / 6:05 p.m.
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NDP

Alexandrine Latendresse NDP Louis-Saint-Laurent, QC

Mr. Speaker, I have a golden opportunity to speak today to Bill C-312. My colleague from Compton—Stanstead introduced this bill when were still debating Bill C-20 on readjusting the number of seats in the House. The NDP introduced Bill C-312 as an amended version.

We were unshakeable in our opposition to the government’s bill. It rebuffed any attempts at conciliation. As a result, our party voted against Bill C-20, even though it contained desirable elements. Bill C-20 was of course referred to the Senate and it went through like a shooting star with no sign of resistance.

Is it at all useful to continue to debate and promote our version? Yes, it certainly is. This is definitely a very good time to restate how we differ from the government. Most of all, this discussion will allow us to warn the government on several points, and one in particular. The Constitution of Canada is very old in terms of politics. How many different constitutions have most European countries had since 1867? Ours was written at a time when most Canadians lived in Ontario and Quebec. From scattered British colonies, an attempt was made to build a political entity that was considered more viable and competitive given the rise of the United States of America. Visionaries built a railway across the continent and flew a Union Jack at each end. And there you have modern Canada. That is the country we live in.

When drafting the Constitution, the Fathers of Confederation sought above all to strike an equitable balance between the interests of the two most populous provinces, Ontario and Quebec. They had lived side by side ever since the conquest of New France, and the dynamics were well established.

I believe that the very soul of the 1867 Canadian Constitution was the harmonization of the interests of Upper and Lower Canada in a venture that included the maritime provinces. The Constitution was what led to a sovereign country that had legitimacy in the eyes of the outside world. Any discussion must be firmly anchored in the foundations established in 1867; otherwise it would be meaningless.

For a few months now, the population in the west of the Confederation has exceeded the population in the east. This is a first in our country’s history. I would like to take advantage of my opportunity to speak to congratulate our fellow citizens at the other end of Canada. Alberta, whose beginnings were so difficult, is now a prosperous and progressive land. It contributes enormously to the country through its wealth of human and physical resources. British Columbia, which had initially resisted joining Confederation, became a symbol of Canada’s beauty and open-mindedness. For all these reasons, I congratulate them.

This Parliament is finally getting around to providing them with a more flexible way of giving them more seats in the House. It was decided to increase their relative weight within our democracy to allow for a fairer distribution. Representation by population is one of the foundations of our current system; the NDP is delighted that this should be the case. The House will also be more crowded than the kitchen in a Soviet apartment on a holiday, but that is all to the good. The more the merrier.

However, these additions are made to a system that is ill-suited to them. Indeed, there is a clear opposition between rep by pop and communities of interests. Rep by pop is a calculation, it is the beginning of the distribution and sharing. Communities of interests are the adjustments that are necessary so that the sense of belonging, which is the most fundamental aspect of politics, is respected in this sharing. Again, Bill C-20 did not at all take communities of interests into consideration. By contrast, Bill C-312, adds this fundamental notion.

If someone does not understand what I am saying, he or she should pretend to be a Quebecker for a moment. Whether he or she chooses to be Alexandrine, Jean or Pierre for a minute, he or she will see what I mean.

We are a distinct nation in a supranational entity. The dynamics are different. Anyone who refuses to see this obvious fact is deeply mistaken.Consequently, it often happens that one goes to the right while the other moves to the left. If we do not consult each other, we could end up doing more of less anything.

That said, it is obvious to the outside world that we are all passengers on the same big ship. Whether we want or not, wherever Canada goes, Quebec follows: that is the nature of things. At least, we try with all the goodwill in the world.

However, this time we are facing a very serious problem, precisely because we did not consult each other. Bill C-20 went through Parliament like the Millennium Falcon. The Conservatives are adopting an overly simplified attitude, whereby they think they are right and good, while we members of the stubborn opposition, are bad and wrong. There is no room for discussion.

Meanwhile what does the Quebec wing of the government do? It shuts up and continues to look shameful.

If people still have trouble seeing things from our perspective, let me explain briefly. The government decided, without consulting us, that Quebec's democratic weight within the Canadian Confederation can be reduced. Since 1982 and the constitutional capers that led to years and years of bickering, and ultimately to neechee vo nyet—nothing at all—it is my job to warn the House.

What about the Quebec members of the Conservative Party? Why have they not said a word about this move to cripple Quebec's democratic status? I do not want to be a Cassandra crying “Death, Death!” but I do believe that the bill was an almost deliberate attack on Quebec. The government goes about this quietly and gradually in order to weaken Quebec. As I have said before in the House, they are taking away a tiny piece now, but they will not stop there. Quebec members are opposed to this, or at least those who can express themselves freely are.

I am really upset about this. As a Quebecker and as a Canadian, I cannot help but think of the opportunity this House missed to fully embrace the best that Canada has to offer. Over the past few months, the NDP has clearly demonstrated that its understanding of the Canadian question is utterly unlike that of the Conservatives and Liberals. Over the past few weeks, it has become obvious that toxic old-school politics are still going strong in Ottawa. In fact, it is getting worse, with cheating, fraud and bickering ruling the day. This comes as no surprise, because it is the only political culture they understand. It is in their DNA. We will see whether the Canadians who have been lied to remember. To Quebeckers, the answer will come naturally: “Je me souviens”. I remember.

To us, difference and diversity are our collective wealth. We have to respect, protect, cherish and, above all, fight for it.

I have some examples. One: the inability to protect French. The bill introduced by my colleague from Trois-Rivières on the use of French in federally regulated enterprises was defeated. This is a bilingual country, but only sometimes. Two: the inability to protect the first nations—the sorry example of Attawapiskat and the last minute resolution to Shannen's dream. Fortunately, the government was smart enough to follow our lead on that initiative. Three: the unilateral reduction of Quebec's weight in the House. I could go on.

Maintaining Quebec's political weight in the House of Commons at the same level it was when the motion recognizing Quebec as a nation in a united Canada was adopted, is more than just a number or a number of MPs. It is a guarantee that my difference is respected. In essence, Bill C-20 is the government's way of telling Quebec that resistance is futile.

Respect for the French language, respect for Quebec, respect for first nations civilization: that is the NDP's vision for this country. That is our plan for a truly strong and united Canada.

As a result of this pell-mell approach, Canada will fall apart. A nation is a group of people who see themselves reflected in a common past and who want to extend that experience into the future. Will we think otherwise one day? That question might never be answered.

In closing, I would say that after successive Liberal and Conservative governments, the image of a great and beautiful Canada that was created in 1867 is starting to crack. That bothers me. I will leave the status quo of petty politics to the other parties because we have better things to do in the NDP. Here is to the new generation of politicians who will bring this country back to its rightful place. Here is to a party that respects difference and democracy.

Democratic Representation ActPrivate Members' Business

March 1st, 2012 / 5:55 p.m.
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NDP

Alexandre Boulerice NDP Rosemont—La Petite-Patrie, QC

Mr. Speaker, I am particularly pleased and proud to be able to rise in the House to support the bill introduced by the hon. member for Compton—Stanstead.

I feel that this bill addresses some major concerns of Quebeckers and that it is a step forward. As the hon. member for Notre-Dame-de-Grâce—Lachine has just pointed out, this bill is a logical, concrete and direct extension of recognizing Quebec as a nation. Otherwise, this concept, adopted by the House, would become an empty gesture and of no benefit to Quebeckers.

I would also like to point to the questions and comments of the hon. member for Saint-Laurent—Cartierville, who, in my view, asked some legitimate questions that can add value to the discussion and to this debate.

First, why did the New Democrats not say right from the start in 2006 that they wanted to go in this direction? I cannot answer for the people who were there at the time. I have been the elected member for Rosemont—La Petite-Patrie since May 2, 2011. But I can give you a recent example that explains why the NDP voted against the Conservatives' Bill C-20. There were a number of reasons, but one of the main reasons was that the bill reduced Quebec's political weight in the House of Commons. And as Quebeckers and New Democrats, we considered that it made no sense and that the Quebec nation was not respected. That is the first answer I can give him.

Second, for many years, the Constitution has provided for situations in which certain parts of the country are under-represented, with the rule that a province cannot have fewer members of Parliament than senators. Prince Edward Island is an example. So are communities in different situations, such as areas in the north, which are huge, but very sparsely populated. No strict mathematical rule, whereby every voter has the same weight, applies at the moment to the representation of Quebeckers and Canadians in the House. That does not exist and it is reasonable for it not to exist because it would be unfair in historical, linguistic, cultural and sociological terms. That is what the bill introduced by the hon. member for Compton—Stanstead is trying to accommodate.

So there is no arithmetical rule, as the Supreme Court acknowledged in its 1991 decision. I hope I will have the time to come back to that. As there is a straight line back to factors that have already been recognized by the Supreme Court of Canada, there is no problem, in our view.

The hon. member wants exact figures. I have no figures to give him, but I have a formula. Politics and demographics are a bit like chemistry: they react and move.

The proposal is that an electoral divisor will be calculated after each decennial census, that is, in 2011, 2021, 2031. The former divisor is multiplied by the total population of the provinces according to the most recent decennial census. That product is then divided by the total population of the provinces according to the previous decennial census. The present electoral divisor would be 108,000 people. With that formula, Quebec's political weight remains at 24.35% of the population. I doubt if that last section will necessarily get me quoted on the national news because it is not really exciting. But the important concept is to repeat an exercise every 10 years in order to make sure that Quebec's political weight in the House remains the same. For us, it is vitally important that the recognition of Quebec as a nation does not become either a dead issue or a fine example of words in the House that lead to no concrete change.

On November 27, 2006, the House of Commons recognized Quebec as a nation. In order to give meaning to this recognition, there must be some concrete action. We are open to proposals that will allow British Columbia, Alberta and Ontario to get a number of seats that will adequately reflect their demographic growth. However, it is critical that Quebec's representation in the House remain at 24.35%, because the Conservatives are systematically showing contempt and disregard for Quebec, for the vision of Quebec and Canadian progressive and social democrats in the House.

I am going to provide a few examples before quoting court rulings, and also Quebec and Canadian laws which show that the recognition of a community of interest must sometime take precedence over mere numbers and arithmetic rules.

This exists and this is where we are headed. If we recognize communities of interest, what about a nation, which is indeed a very powerful community of interest?

Let us get back to the fact that the Conservatives are not doing anything to meet Quebec's demands. They are even doing the opposite of what Quebeckers are asking. The Conservative government is definitely not respecting Quebeckers' fair share when it comes to the opportunities fund for persons with disabilities. Indeed, since it was created, only 3% of the subsidies have been given to Quebec, while 85% of the $67 million allocated by the federal government were paid in Conservative ridings.

The Conservative government definitely did not give its fair share to Quebec's shipyards. The Conservatives chose companies in Nova Scotia and British Columbia for the construction of new warships but, once again, there was nothing for Quebec, which was ignored.

The Conservative government did not respect Quebec's position and its approach to rehabilitating young offenders. That approach works and it is a model for the world. The Quebec justice minister, Jean-Marc Fournier, clearly opposed this bill, which absolutely does not reflect Quebeckers' values and their approach to justice. On December 5, the Conservatives turned their backs on Quebeckers yet again.

The Conservative government did not respect Quebec's position on the environment. December 12, 2011, was a dark day. That is when the Conservatives decided that Canada would pull out of the Kyoto protocol, which is supported by a large majority of Canadians and and also a majority of Quebeckers. Climate change is an important issue for all those who look to the future and who want our planet to remain healthy.

The Conservative government definitely did not respect Quebec's position on the gun registry. On February 15, the Conservatives passed a bill abolishing the register. They even celebrated their victory. That register was created at the initiative of Quebeckers, following the evil and despicable killings at École Polytechnique.

The Conservatives rejected at second reading the bill to protect French in Quebec companies under federal jurisdiction. Yesterday once again, the Conservatives turned their back on Quebeckers. Remember that on April 22, 2010 the Quebec National Assembly passed a unanimous resolution reaffirming that Quebec, as a nation, must be able to enjoy special protection for the weight of its representation in the House of Commons. That resolution calls for elected members here, from all federal political parties, to abandon the passage of any bill whose effect would be to reduce the weight of Quebec’s representation in this House.

This is a clear message that we as New Democrats want to send to all Quebeckers and also to all the elected members of the National Assembly: we are going to carry this message and defend Quebec's interests.

The weight that Quebec had when it was officially recognized as a nation by this House was 24.35%. That proportion adds value to any calculation of the representativeness of seats in the House of Commons. Why? Because any good researcher in fact knows that social science calculations must of course take account of numerical, of arithmetic factors, but also of qualitative factors. Quebec is Canada’s link to the Francophonie, the extension of its culture throughout the world, the influence of its social policies all across the country and even beyond.

That is why this strength, this solidarity that characterizes us, requires effective representation in the House of Commons, that is to say, electoral legislation that will take account of the following three factors in its calculations: demographic representation, appropriate geographic representation, and representation of a community of interests. In that regard, it is my pleasure to quote from the 1991 decision of the Supreme Court:

The content of the Charter right to vote is to be determined in a broad and purposive way, having regard to historical and social context. [Recognition of the nation of Quebec is the historical and social context.] The broader philosophy underlying the historical development of the right to vote must be sought and practical considerations, such as social and physical geography, must be borne in mind.…

The purpose of the right to vote enshrined in s. 3 of the Charter is not equality of voting power per se but the right to "effective representation". The right to vote therefore comprises many factors, of which equity is but one. The section does not guarantee equality of voting power. [There is a distinction between "equity" and "equality".]

Relative parity of voting power is a prime condition of effective representation. Deviations from absolute voter parity, however, may be justified on the grounds of practical impossibility or the provision of more effective representation. Factors like geography, community history, community interests and minority representation may need to be taken into account to ensure that our legislative assemblies represent the diversity of our social mosaic.

In Canada, with the aboriginal nations, we are a nation with two founding peoples. I want to return to the spirit of the Laurendeau-Dunton Commission with a binational, bicultural spirit. The best way to respect the notion of two founding peoples is to vote in favour of Bill C-312 and secure the weight Quebec carries.

Democratic Representation ActPrivate Members' Business

March 1st, 2012 / 5:45 p.m.
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NDP

Isabelle Morin NDP Notre-Dame-de-Grâce—Lachine, QC

Mr. Speaker, I am very pleased to rise in this House today and I thank my colleague from Compton—Stanstead for introducing this bill. I know he is very concerned about democratic, fair representation everywhere in Canada. I thank him for his passion.

The bill my colleague has introduced supplements the government’s Bill C-20. The population is growing in the West and in Ontario, and we agree that the number of seats in those regions needs to be increased. That is not the problem. However, we want to protect the voice of minorities.

Under our Constitution, there must be geographic, demographic and community of interest representation. Quebec is a community of interest by reason of its language, its culture and its difference from the rest of Canada. We saw that in the last election, in fact. It is a distinct community from the rest of Canada. On this side of the House, we think it is important to stand up for that community.

The Supreme Court of Canada has held that factors like geography, history, the interests of the community and the representation of minority groups must be taken into consideration in order to guarantee that legislative assemblies truly represent the diversity of the Canadian mosaic. That is what is in issue in my colleague’s bill.

Certainly there is an imbalance; it has been observed in recent years. There are ridings where there are a lot of people. That is the case in my riding, where the population is much larger. It is easier when ridings are all equal or there is more or less the same number of people. That is why we agree on increasing the number of seats in Alberta and Ontario, but we think that three seats for Quebec are really not sufficient.

My colleague’s bill is an attempt to meet these Canadian needs. What is essential is to recognize the province whose population is considered to be a nation. My colleague from Vaudreuil—Soulanges who just spoke made a connection with the three founding nations. So we cannot wave the Quebec nation away with the back of our hand. Quebec has 24.35% of the seats, but what is wanted now is to increase the number of seats in other provinces. No more thought is being given to the fact that this province is a distinct nation and its number of seats is not being increased so it retains the same weight in the House. My colleague’s Bill C-312 supplements the Conservatives’ bill, to build a strong and united Canada, where everyone feels they are represented.

The motion to recognize Quebec as a nation was adopted five years ago by the Conservative government, with the help of all the other parties in this House. It is time to take action to protect that nation within our country. The government’s bill weakens the Quebec nation. It is time to work together to protect that nation.

For some time, we have seen that the Conservative government does not like Quebec very much. There is the firearms registry, and the contempt for the French language. A letter was sent on January 12 by a Mr. Paul White, the president of the Conservative Party Association in Brome-Missisquoi. He is a Conservative. I am going to quote what he says in his letter, in which he seems to be quite angry:

Today the voice of Quebec is virtually absent in Ottawa’s halls of power, or if present, it is a voice grown mighty small, and mighty easy to ignore.

He continued:

Since the election of May 2, 2011, many Quebec observers have concluded that [the Prime Minister] has consciously decided to ignore Quebec, now that he has convincingly demonstrated that he can win a majority without it.

He closes his letter by saying:

In politics as in life, you deserve what you tolerate. And most Quebec Conservatives are fed up.

It was a Conservative member who said that. This tells us why Quebeckers feel rejected.

The bill of the hon. member for Compton—Stanstead strikes a balance by stating that Quebec is a nation, which has been recognized by all the parties. In 2012, the National Assembly of Quebec even unanimously passed a resolution recognizing “that Quebec, as a nation, must be able to enjoy special protection for the weight of its representation in the House of Commons”.

Even my New Democrat colleagues who do not live in Quebec are in full agreement with that. Quebec is not the main priority for some parties right now. This is not a matter of partisanship, but of acknowledging our history; Canada has three founding peoples and, traditionally, Quebec has always carried a certain weight. When we voted to recognize Quebec as a nation, this weight was 24.35%. On this side of the House, we think it is imperative to maintain this percentage because it is what gives a voice to the people of Quebec.

Currently, questions are being raised about the French language and we are trying our best to defend the voice of Quebeckers, but we are being rejected by the government, which wants to add a large number of seats in provinces other than Quebec and further reduce Quebec's weight. We condemn this behaviour.

I support my colleague's bill fully and in good conscience. I hope that the Conservatives and the Liberals will vote with us for this bill that defends Canadians—not just Quebeckers—and our history. It is important that at some point we say that Quebec's voice needs to be defended.

Business of the HouseOral Questions

December 15th, 2011 / 3:10 p.m.
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York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader 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.

Fair Representation ActGovernment Orders

December 13th, 2011 / 5 p.m.
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Conservative

David Sweet Conservative 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?

Fair Representation ActGovernment Orders

December 13th, 2011 / 4:40 p.m.
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Conservative

Michael Chong Conservative 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.

Fair Representation ActGovernment Orders

December 13th, 2011 / 4:25 p.m.
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Liberal

Justin Trudeau Liberal 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.

Fair Representation ActGovernment Orders

December 13th, 2011 / 4:10 p.m.
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Liberal

Marc Garneau Liberal 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.

Fair Representation ActGovernment Orders

December 13th, 2011 / 3:40 p.m.
See context

Conservative

Ted Opitz Conservative 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.

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 ReformOral Questions

December 13th, 2011 / 2:45 p.m.
See context

Edmonton—Sherwood Park Alberta

Conservative

Tim Uppal ConservativeMinister 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.

Democratic ReformOral Questions

December 13th, 2011 / 2:45 p.m.
See context

Conservative

Blaine Calkins Conservative 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?

Fair Representation ActGovernment Orders

December 13th, 2011 / 1 p.m.
See context

NDP

Pat Martin NDP 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.

Fair Representation ActGovernment Orders

December 13th, 2011 / 12:45 p.m.
See context

Conservative

Brent Rathgeber Conservative Edmonton—St. Albert, AB

Mr. Speaker, it is indeed an honour for me to rise and add a few additional comments on this important piece of legislation, Bill C-20, dealing with fair representation.

It is an interesting debate. Setting the number of seats and dividing those seats among Canada's 10 provinces and 3 territories is one of the most complicated and controversial things that the House is called upon to do. It is a big task, and I am glad that the members generally, and certainly the Minister of State for Democratic Reform, are up to the task.

The purpose of the bill is to provide greater representation for faster growing provinces. I, being a member of Parliament from Alberta, represent one of those provinces. Of course I support the concept of this bill. Although it does not prescribe a number of seats, it would allow for more seats for the faster growing provinces, Alberta, Ontario and British Columbia. That is appropriate.

The bill attempts to balance that principle with two additional principles. One is to maintain the number of seats for slower growing provinces and the other is to maintain the proportional representation of Quebec according to the population, or at least within a very small margin of error. Assuming the bill is passed, when the formula is applied to the most recent census, the net result will be that Ontario will receive 15 additional seats, British Columbia will receive six additional seats, and my province of Alberta will receive six additional seats.

I think it is important that those provinces receive greater representation in the House. As we have heard, there are members in the House who currently represent in excess of 200,000 people. I understand the member for Brampton West falls into that category, and the member for Mississauga--Erindale is close to that number.

Worse than just the number of citizens that it is an honour to represent, the ethnic diversity of some of those densely populated ridings in the GTA, where in some situations 50% of the population are ethnic Canadians, puts further demands on members and their staff. As all members know from the individual casework that we do in our riding offices, immigration casework takes up the bulk of what we do. If a member represents 200,000 constituents and over 50% of those are not natural-born Canadians or ethnic Canadians, that will place exceptional demands on a member's time and on the resources of a member's staff and caseworkers.

Canada has become a densely populated country in certain regions, although we are very sparsely populated in the north and in some places in the west. The result of those democratic factors is that 61% of Canadians are currently mathematically under-represented in the House and Canada's visible minorities are particularly under-represented. Worse, the trend is continuing. It is to alleviate some of these discrepancies that Bill C-20 sets out a formula to allow faster growing provinces, such as Ontario, British Columbia and Alberta, additional seats.

I just want to mention briefly the issue with respect to my province, Alberta. Alberta has in excess of three million people, approximately 11% of the population, but it has only a little over 9% of the seats in the House of Commons. Therefore, the proportion of relative voting weight of one of my constituents is .92 of the mean. If that .92 is weighted against provinces that are overrepresented, of course the mathematical significance increases. It is a problem that needs to be addressed.

Although we need to grant more seats to the densely populated regions of our country and the fastest growing provinces, there has to be some accommodation for slower growing provinces and provinces where the population may even be declining. Canada is a diverse country. We have densely populated regions close to the 49th parallel and we have very sparsely populated regions the further we get from our southern border.

There has to be some accommodation. It is difficult to represent a large region such as the Peace River electoral district just northwest of my riding of Edmonton--St. Albert. Members of Parliament from Yukon and the Northwest Territories represent vast tracts of land with very few people. Representing that much area presents a challenge in and of itself. We will never achieve perfect representation by population no matter how a laudable goal that would be. There has to be some compromise, but that compromise has to be weighed against international standards and international norms for democratic developed countries.

It is significant to note that when compared to western European countries and our neighbours to the south, Canada is failing with respect to its deviations. Canada has the greatest deviations from average counts of citizens in its ridings compared to Switzerland, Germany, Australia and the United States. What is worse, these deviations are getting larger.

Some members will suggest that in democracies such as the United States, members of both the house of representatives and the senate represent more individuals than we do here in the House. However, the reality is that the deviation between the small electoral districts and the larger electoral districts is much larger in Canada than it is in the United States.

It is those deviations that this legislation is attempting to remedy. It would bring us closer to parity, although, as I said, true parity will never be realized in a country as unique as Canada. Canada is so large but has a relatively sparse population, and relatively dense populations in certain areas.

The situation seriously undermines the principle that all citizens should have an equal say in choosing their government. This country was based on the principle of representation by population within limits. If we checked debates concerning the fathers of Confederation and the conferences that led up to Confederation, we would find that it was not only desirable but it was deemed a prerequisite for the formation of Canada that representation by population be given priority in this House. To balance that, the upper chamber, the Senate, the appointed chamber and hopefully not forever appointed chamber, was premised more upon regional representation as opposed to pure representation by population.

Canada is an advanced democracy. We saw in the spring, in the Arab world primarily, in countries like Egypt, Syria and Libya, citizens advocating for, fighting for, and sadly sometimes dying for, the right to participate in democratic elections and choose who should represent them in the affairs of government and the affairs of state.

We are fortunate to live in a country where we do have a functioning Parliament. We have responsible government. The government is responsible to the House. The House of Commons needs to pay attention to the principles of equality, the concept that every Canadian ought to have more or less equal say as to the composition of the House. Every Canadian ought to have the assurance that his or her vote counts equally and that his or her member will have a constituency that is not so expansive and not so large that the member lacks the ability to represent each constituent.

I would ask all hon. members to support Bill C-20 at third reading. It is not a perfect bill. It is a difficult compromise. The bill would achieve three principles that we must adhere to: representation by population, protecting slower growing provinces, and maintaining the relative proportion of seats in the House for the province of Quebec.

Fair Representation ActGovernment Orders

December 13th, 2011 / 12:40 p.m.
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Liberal

Justin Trudeau Liberal Papineau, QC

Mr. Speaker, I ask the member opposite specifically about one of the core elements of what the Conservatives' proposal is reposing on, that is, that Quebec not be under-represented in the House with respect to its actual percentage of the population. The reality is Bill C-20 in its current form fails that test. They are proposing 78 seats for Quebec, which is adding three. Members may want to get out their calculators right now because 78 divided into 338 equals 23.08, when the population of Quebec as a proportion of Canada is 23.14. There is actually a core flaw in the basic principles of what the Conservatives have put forward because the math simply does not work.

The hon. member may talk about the fact that territorial seats are outside of that calculation, but nobody calculates territorial seats as being outside the 308 or 338 seats. On the very principles the Conservatives put forward in their plan, they are failing.

Adding more seats does not make sense either, but that is for another question.

Fair Representation ActGovernment Orders

December 13th, 2011 / 12:30 p.m.
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Conservative

Terence Young Conservative Oakville, ON

Mr. Speaker, I am happy to share the allocated time with my colleague, the member for Edmonton—St. Albert, on this important issue.

I am very pleased to rise today to speak to Bill C-20. It is a privilege, in fact. I am very proud to be part of a government that has introduced this important historical democratic measure. The most important thing about Bill C-20 is that it would help preserve and improve our country's cherished democratic and constitutional traditions by ensuring fairer representation in the House.

It has been just under a year since the democratic uprisings in the Arab world began, the Arab Spring. If these uprisings have shown us anything, it is that freedom and self-government are so essential to human nature that people are willing to suffer and even die for them.

Back in the French Revolution, the rallying cry was “liberty, equality and fraternity”. These principles were so important they were eventually adopted in the French constitution of 1958.

This bill addresses one of those three primary pillars of democracy, which is representation by population, equality. It means that the vote of every person, regardless of position, power, wealth, or the part of the country they live in has the same value. It is the primary tool that helps ensure that those with position, power, influence, or wealth cannot dominate elections to gain more of the same.

I quote Voltaire at the time of the French Revolution. He said, “Deep in their hearts, all men have the right to think themselves entirely equal to other men”.

The power of the ballot, where every person is equal, is the best way ever designed to make all people equal in choosing their own government. This importance cannot be overstated. Unfortunately, that principle has been undermined in Canada, not by nefarious means, but by simple demographics, birth rates, internal and external migration.

There has been under-representation in some regions for decades. This bill would address that under-representation in a realistic and reasonable way. This means a great deal to my riding of Oakville and my province of Ontario, as well as communities in British Columbia, Alberta and Quebec.

In addition to focusing on the economy and keeping our communities safe, Canadians voted on May 2 for a strong, stable, national majority Conservative government because they knew we would deliver on the three promises we made regarding representation. Delivering on election commitments is another key pillar of democracy.

First, we promised to increase the number of seats now and in the future for Ontario, British Columbia and Alberta, the fastest growing provinces in the Confederation. Second, we promised to protect the number of seats for the smallest provinces. Third, we promised to maintain Quebec's proportional representation according to its population. The fair representation act would deliver on these promises. As a result, every province would move closer to true representation by population.

Population increases in the most under-represented provinces are occurring primarily in urban areas. People from around the world immigrate to these areas for their economic opportunities as well as for their vibrant and diverse communities.

The region of Halton, where Oakville is located, is expanding quickly. As a result, visible minorities in these ridings where this growth exists are under-represented in our Parliament. Bill C-20 would improve the representation of people living within the Halton region where I expect an additional seat would be added. Other seats would be added across the GTA so that Parliament would have more members who represent ridings with a higher percentage of visible minorities for their more equal voice in Parliament.

Bill C-20 proposes to use the Statistics Canada population estimates as of July 1 of the year of the decennial census to determine how many seats each province would receive. The reason for this is that the population estimates provide a more accurate picture of Canada's total population moving forward.

The use of the population estimates was endorsed by Chief Statistician Wayne Smith of Statistics Canada at the procedure and House affairs committee on November 17. When asked whether using the population estimates is a more accurate measure of the population compared to using the census, he answered, “That is absolutely our view”.

It is disappointing but not surprising to see the opposition parties stonewalling Bill C-20 by proposing alternatives that clearly have not been carefully considered.

The Liberal Party's plan has not undergone careful consideration and appears to have been hastily composed. Its plan to cap the House of Commons at 308 seats and simply reassign the seats based on population growth would pit one region of the country against another. Its proposal amounts to nothing more than a shuffling of the deck. The representation of Canadians may be a card game for the Liberals, but it is certainly not for this government.

The Liberals' plan would have to include a legislative repeal of the grandfather clause. In addition, it would require unanimous consent of the provinces and Parliament to remove the Senate floor. Not only would this have far-reaching practical implications, but it would also result in significant losses for Saskatchewan, Nova Scotia, Quebec and Manitoba, as well as Newfoundland and Labrador. Over the winter break from Parliament, the Liberal leader should do a tour of these provinces to meet with the local people and ask them how they feel about that proposal.

As for the NDP's proposal, this is a continuation of its agenda to impede progress in this Parliament for Canadians. Its members have voted against important measures to support the economic recovery and measures to keep our communities safe. Now they are inhibiting our plan to improve Canadian democracy for the sake of scoring political points with their political base and their union masters. The NDP proposal would go against expert opinion and use census population data as a means of awarding seats. More significantly, the NDP's plan guarantees a fixed percentage of seats for one province at 24.35% now and in the future, regardless of that province's population. It is neither fair nor constitutional to extend special treatment to one province over the others moving forward. This plan violates the constitutional principle that a province's population should determine its seat count to the greatest extent possible.

To implement the NDP's plan, we would have to alter the Constitution with a 7/50 amendment. This has the potential to open the floodgates on many other constitutional issues and distract this Parliament and the provincial parliaments from our critical focus on growing our economy and creating jobs.

To summarize, the NDP's plan would violate the principle of proportional representation in the Constitution and would penalize already under-represented provinces for years to come. This is in direct contrast to Bill C-20's balanced, reasonable and principled approach to improving representation for all Canadians.

Canada's Chief Electoral Officer spoke to the urgency of passing this bill before the new year at a recent procedure and House affairs committee meeting.

Bill C-20 is the only rational and fair plan for all Canadians. It is the most reasonable solution to under-representation.

As parliamentarians, we must move swiftly to pass Bill C-20 to ensure Canadians are better represented in the House of Commons for years to come.

Fair Representation ActGovernment Orders

December 13th, 2011 / 12:15 p.m.
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NDP

Françoise Boivin NDP Gatineau, QC

Mr. Speaker, it is my pleasure and honour to rise to discuss Bill C-20, an extremely important bill about our right to representation at the federal level in this magnificent country of ours, Canada. This is not an easy thing to achieve. This is not the first Parliament called upon to consider the matter, and it most surely will not be the last.

I do not know of any perfect formula, a formula that everyone agrees with, unless every Canadian were to have their own member, but even if that were possible, I am not sure that everyone would be satisfied. In any event, there are basic principles that must be applied. I have consistently listened with interest to the remarks made on this matter. Although I commend the government to some degree for its efforts with Bill C-20, once again, they have missed the boat. There are general principles, principles that must be adhered to in such situations, and in that sense, there is something lacking.

I am sorry to say that I am far less welcoming of the stance taken by my Liberal friends. My colleague from Saint-Laurent—Cartierville gave an extremely interesting speech that attempted to make the Liberal proposal seem logical and give it some oomph. In spite of this, the Liberals’ position appears to be an attempt to win votes.

Allow me to elaborate. In 2004, when I previously held a seat in Parliament, I sat on the Standing Committee on Procedure and House Affairs. I remember my colleague, who was a political adversary at that time, but with whom I shared a vision of democratic reform. Indeed, reforming the manner in which people are represented in Parliament is fundamental to the very concept of reform and of democracy. When I sat on the committee with the honourable Ed Broadbent, he proposed—as part of the review of our democratic life in Canada—that we consider the concept of proportional representation: our electoral process as a part of our democratic life, the type of representation we have, whether we should have one or two chambers, and how many representatives there should be. That is all part and parcel of our democratic process.

I remember that, at the time, it was a glorious thing to behold. In fact, the Liberal party was in government and some parties with numerous representatives in the House had no intention of even considering the possibility of reforming our electoral process, or even of reviewing the electoral process and proportional representation. Over the weekend, I was quite surprised to read that the honourable acting leader of the Liberal Party started to make a number of proposals regarding proportional representation.

What that tells me is that when a party is strong and has a stable and solid majority government, that is the time to think about such reforms if the party really cares about them. But that is clearly not the case, because it is when a party is not well represented in the House that, all of a sudden, it remembers that proportional representation is perhaps a really good idea.

I take with a grain of salt the criticism levelled at us by our friends on my far left. They often rise in the House to propose one thing or another, but having had numerous discussions with all of these members, I know full well that they do not believe in these proposals. If they were sitting on the other side of the House, if they were in the majority, I am not sure that they would be similarly concerned about this issue.

Although it may be a human instinct, quite often we examine what impact an issue will have on us, as members, and that is not necessarily democratic.

The beauty of the proposal we made at the time in Bill C-312was the fact that it re-established or put some teeth and substance into the concept of the Quebec nation, which, in my opinion, should be part of Bill C-20.

As I said when I gave my speech on Bill C-312, we cannot redistribute seats without going the extra mile and asking what was meant by the unanimous motion in the House that Quebeckers are a nation within Canada.

The most important way to reflect a concept in a country like Canada is through its representation.

Over the years, whether my colleagues believe it or not, if the political weight of Quebec is steadily and slowly diminished as a result of demographic or other factors, there will be no need for a referendum to leave because, at some point, Quebec will no longer exist within the federation. I do not believe that we want this to happen.

I repeat that it is not easy to find the best formula. Bill C-20 gives a number of provinces the right to better representation, and in no way am I denying the western provinces' right to better representation. However, I am not necessarily saying that having more members of Parliament will result in better representation. Basically, we should stop focusing just on the numbers and instead get together and recognize that there are things fundamentally wrong with our Canadian democracy when members of Parliament, even on the government side, no longer have any importance at all.

In my opinion, it is a waste of time and money to add 3, 10, 15 or 150 members if we do not change the way we are currently doing things. We will not satisfy the people in western Canada who do not feel as though they are well represented here in Parliament, the people in Quebec who do not feel as though they are being given the political weight they deserve, or the people in the Atlantic provinces who often have to fight to be heard. We will not make anyone happy. Basically, what it comes down to is how we represent Canadians. The work of members has been irrevocably eroding little by little over the years. There are party lines, a Prime Minister who makes all the decisions, a cabinet that often is not even aware of what is happening, members who have to follow the party line and the members opposite who must oppose.

That is what the public is telling us when we visit communities. Canadians no longer feel as though they are being represented. And yet, here we are, adding more seats so we can tell the public that they will be better represented thanks to a mathematical calculation and a complicated formula that gives results x, y and z.

Will that comfort people? Some ridings have 140,000 people while others have 30,000. But we must remember that some members have vast territories to cover, that some cover rural areas and others urban areas. Some are close to the Hill and some are far from the Hill. All of these factors must be taken into consideration.

I think we are going at it wrong if we limit ourselves and simply use mathematics to resolve something as fundamental as representation, which should be something to which all citizens are entitled.

In conclusion, first, I have a number of problems with Bill C-20 because it does not address the issue of Quebec's political weight at all. Second, this bill does not resolve the problem of representation in the west if what we want is to have a semblance of fairness in terms of the size of ridings. Third—and I will leave all my colleagues in this House to think about this one—I have no problem representing 200,000 people, as long as I have time to meet with them in their communities. That is our job. All 200,000 people do not communicate with us. We must be realistic. But we would have to re-examine the job of member of Parliament to truly find the notion of representing the people, which I sometimes have a hard time seeing in this House with all of the gag orders we have had.

Fair Representation ActGovernment Orders

December 13th, 2011 / noon
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NDP

Alexandre Boulerice NDP Rosemont—La Petite-Patrie, QC

Mr. Speaker, I would first like to say that I wish to share my time with the hon. member for Gatineau.

First of all, I must address the statements made by the hon. member for Saint-Laurent—Cartierville, who announced in a somewhat populist manner that people do not want more politicians. I would like to point out to him that people do not want more Liberal politicians. We have known this to be true since May 2.

I do not want to bore my fellow parliamentarians with something that may seem frivolous; however, this is something that has been nagging at me. We are debating the third reading of a bill to amend the Constitution Act of 1867. Once again, the Conservatives are silencing parliamentarians, demonstrating contempt for democracy and forcing members of the House to discuss such a fundamental issue as our country's democratic representation and fair distribution among regions, nations, and provinces in a single day of debate.

Really, they cannot be serious. They are laughing at us. They are acting as though the work of parliamentarians is worthless. They want to bulldoze through all the bills, as they have been doing since the beginning of this session. There have been 10, 11 or 12 gag orders. It is difficult to keep track because there have been so many. The Conservatives do not like debate and discussion, and they are not listening. This government is out of touch with reality. The purpose of the Conservative bill is basically to correct certain inequities by adding seats in the House. Yet, the Conservatives systematically gag members. So, what is the point of having more members if they are not allowed to speak in the House? What is the point of having more members if the ones who are already here are unable to do their job because the Conservatives will not give them time to do it? This is an important question to which we have unfortunately not yet received an answer.

The Conservatives' Bill C-20 does not solve any of the problems it is intended to solve. The objectives set will not be achieved, the rules of fairness will not be followed and the western provinces,British Columbia, Alberta and Ontario will not be given proportional weight in the future House. Quebec's position and political weight will also be disregarded, but I will come back to this.

The NDP has nothing against the fundamental rule of one person, one vote. It is a fundamental rule and that is the norm. I will also address the comment by my colleague opposite, because we can sometimes agree on certain things. It really is a problem if one member, one parliamentarian, represents 100,000 or 200,000 people. The workload is not the same and it is unfair. We are here to serve the public, and there must be a fair distribution of work among parliamentarians. There is a real issue with demographic growth in some provinces, and this requires changes so that the workload of parliamentarians is better balanced in order for the people to have real representation. Their MPs must be able to do their job. But this is a matter that I have already discussed.

It is vital, imperative and fundamental that we respect the rule of one person, one vote, but it is not the only rule. This has already been established by the Supreme Court. The NDP position is based on the fact that there are many realities in the Canadian federation and that, consequently, we must take them all into account and abandon the vision that focuses on pure and simple mathematical representation. Why? Because the Supreme Court acknowledged that we can recognize that special interest groups can receive special treatment. It is not a privilege, just an acknowledgement of the sociological, historical and geographic reality in our country.

For example, the Quebec nation or a province such as Prince Edward Island, which has a very small number of representatives, could be special interest groups. There are rules to ensure that a province cannot have fewer members than senators. We could have rules that recognize the reality of aboriginal or northern communities, which is very different than that of urban centres. We have to have an open, broad and inclusive perspective to be in a position to reflect the realities of the various parts of our country.

On November 17, 2006, the House adopted a motion recognizing that Quebec formed a nation. To that NDP, that means something. It has to mean something; it has to be reflected in concrete ways by concrete actions. Unfortunately, what we have seen since 2006 looks a lot like hot air and wishful thinking.

The NDP has initiatives to ensure that this recognition is applied in reality and is not merely theoretical, somewhere in the clouds. For example, we have private members' bills to ensure that French is respected in enterprises under federal jurisdiction in Quebec. That is essential to all Quebeckers and to the French fact in North America.

We also have Bill C-312, introduced by our colleague from Compton—Stanstead, to preserve Quebec's political weight in the House at 24.35%, because that was Quebec's political weight on November 27, 2006, when that motion was adopted in the House. In our view, that political weight must be defended and preserved, to reflect that genuine recognition.

How can members from Quebec be asked to vote for a reduction in Quebec's strength and weight in the House, when we make up one of the two founding peoples and we have been recognized as a nation? I wonder how my Liberal colleagues from Quebec can vote in favour of a setback for Quebec. I am surprised at them. We have to move away from this narrow view of representation as something purely and simply proportional, because otherwise we are on a slippery slope and we risk marginalizing Quebec, the only majority francophone state in North America, and one with unique responsibilities. That has to be recognized.

That is why NDP members from Quebec and elsewhere are standing up for preserving Quebec's political weight and for increasing the number of seats of the provinces that have had significant population growth, out of a concern for fairness in their workload and in the services provided for constituents.

If we recognize that francophones are one of the founding peoples of this federation, we must return to the view adopted by the Royal Commission on Bilingualism and Biculturalism, the Laurendeau-Dunton Commission, which took place between 1963 and 1971, in an era when people took the time to do things properly and to do a thorough study of issues that were considered to be essential and important and did not limit debate and constantly muzzle members, as the Conservative government is doing. Over the course of all those years, they studied bilingualism and biculturalism, recognition of the aboriginal peoples, perhaps forgotten in that era, but not today, and the fact that there are two weights, two languages, two cultures in this country. As well, there is now a nation that was recognized in 2006. It is therefore the recognition of the fundamental cultural duality of this federation that is being flouted today by Bill C-20. It is completely ignored by Bill C-20, while it is wholly recognized by the bill introduced by my colleague from Compton—Stanstead.

If Quebec does have a unique responsibility to protect the French fact, this responsibility to protect language and culture must not cause Quebec to lose its standing in the House and it should allow Quebec to maintain its political weight at 24.35%. That is widely recognized in Quebec. One of my colleagues quoted a unanimous motion from the Quebec National Assembly on this topic. Quebec's minister of intergovernmental affairs, Yvon Vallières, also said that the three seats proposed in Bill C-20 for Quebec are nowhere near enough. I will take some of the credit as a member of the official opposition. If we had not insisted on this so much, I am not sure that these three seats would have even been proposed in the first place.

The guiding principle behind the Royal Commission on Bilingualism and Biculturalism was an equal partnership. That is not at all what we are seeing in the Conservatives' proposal. There is no recognition of Quebec's obligation to protect the French fact in North America or any of the specific historic responsibilities of the Government of Quebec.

As the official opposition, as New Democrats and as people who care about including all parts of this great federation, we cannot support a bill like Bill C-20. We are calling for a real democratic reform that would reform the voting system so that we have a proportional voting method and all political voices in this country are properly heard. That is a debate for another day.

Fair Representation ActGovernment Orders

December 13th, 2011 / 11:30 a.m.
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Conservative

Scott Reid Conservative Lanark—Frontenac—Lennox and Addington, ON

Mr. Speaker, I rise to speak in favour of this legislation. It is an excellent bill that goes a long way toward returning Canada to one of the foundational principles of our federation.

Before speaking to the merits of Bill C-20, I want to spend a bit of time with respect to my hon. colleague from Saint-Laurent—Cartierville's proposed legislation and point out some of the flaws with what he has proposed. I do not think he gave all the facts in the most objective manner possible, so I will attempt to set that right.

I will first speak to what the Liberal plan would involve. It would keep our current number, which is 308, not because that is good in some metaphysical sense, but simply because it is the status quo. The argument that 308 is good is the same argument one could have made in 1867, where 165 was good and ought to have been kept regardless of circumstances. That is an argument which is implausible when we pick any number, other than the arbitrary current number, and fixate upon it.

There are other jurisdictions that actually do set fixed caps. I will talk a bit about the most obvious of these, that being the United States, which sets its total representation at 435, regardless of population change.

Let us start with the plan of the Liberals. They propose four new seats for Ontario, two seats for B.C., three seats for Alberta and reductions of three seats for Quebec, two each for Manitoba and Saskatchewan, one each for Nova Scotia and Newfoundland, with the result that there would greater equality than at present, although not greater equality, indeed somewhat lesser equality, than is the case under the government bill. I will demonstrate how that is true.

The member spoke about how popular the Liberal plan was and how unpopular the government's plan was based on a recent poll that came out just yesterday. I read the raw numbers in the poll and I got a very different picture than he did. Let me quote it in greater detail to make the point that he did not give an accurate reflection of what the respondents to the poll actually said.

People were first asked the question, “Do you support or oppose the legislation to increase the number of seats in the House of Commons by 30 to move every province toward representation by population?” When asked that question, 44% were in favour, only 28% were opposed and 27% were undecided. That is a very strong margin in favour.

When I look at the individual regions of the country, and I will not go through all of them, as one might expect in Ontario, B.C. and Alberta, the three dramatically under-represented populations in the current system, we see the widest margins in favour: 52% in Ontario; 60% in Alberta; and 56% in British Columbia. There is widespread popular support, which by the way is true across the country, although it is less in the Atlantic and in Quebec than in these regions. Nevertheless, far more people support than oppose the government's proposal.

People were also asked about the Liberal Party's proposal. They were asked the following question, “Which of the following three proposals for what to do with seats in the House of Commons do you prefer the most?” The choices were to, “Increase seats by 30. Keep the same number of seats but redistribute. Keep things the way they are now”. Asked that way, we get quite strong majorities. These are the numbers that my hon. colleague cited for that second option, which is to keep the same number of seats but redistribute. However, that is not the full story and that is why we see those high numbers.

I would like to see the support levels if people were asked how they would feel if they lost seats in their province. How high would the support be if we asked Nova Scotians, for example, if they would like to keep the same number of seats but redistribute by taking away 10% of their seats? How would it be in Quebec if we asked people to keep the same number but take away three of Quebec's seats and redistribute them? Would we see those numbers? I suspect we would not.

This poll asks a question that leaves out the key negative fact about the Liberal proposal. Therefore, these numbers, I would suggest, are highly unreliable in determining what the actual support levels would be for the Liberal plan. The hon. member and his proposal are getting a free ride because of the fact that the Liberals are not having to show the pain associated with what they are proposing.

My hon. colleague also talked about parallels with other countries. He says that we have far too many people in the House of Commons, as if there is some kind of abstract level at which we would achieve perfect representation. He cited two countries to make his point: the British and the Australians.

Britain has 600 members of Parliament, far more than we have here. Although the population of Britain is a good deal larger than the population of Canada, the average population per constituency is lower than in Canada under our new proposal, let alone under the status quo. I am mystified as why he even brought up the British example.

As far as Australia goes, he says that there are only about 60% as many MPs in the Australian house as there are in our House. I would point out that Australia has about two-thirds of Canada's population. Therefore, riding populations are more or less equivalent. These are very unconvincing examples.

Let me turn to the United States. The United States uses the system that my hon. colleague has recommended. In the United States there is a firm, unchangeable cap on the number of seats in the House of Representatives of 435 for a population that is currently 309 million. Every 10 years its goes through what it calls a re-apportionment process, equivalent to our redistribution. In the United States there is a floor on how many seats one can have in the House of Representatives, and that is one seat.

What happens under this system, and remember there is a hard cap? Some states, with small populations, are under-represented versus states with large populations. California has 37 million people and it has 53 representatives, which adds up to 698,000 people per congressional district. The smallest state, Wyoming, has 568,000 people and one congressman, which the result is 568,000 people per district. That conforms to the sort of typical phenomenon of smaller states and provinces being a little overrpresented.

What about the state of Montana that gets one representative for 994,000 people? The almost million people in Montana are dramatically under-represented because of the fact that they have equality with Wyoming, right next door but with a dramatically different population. That is dramatically unfair. There are 994,000 per representative in Montana and 568,000 per representative in Wyoming. There is nothing democratic or fair about that.

This is the hidden aspect of the Liberal proposal. Nova Scotia has a senatorial floor of 10 seats, so does New Brunswick, which is already added. Under the member's proposal, New Brunswick keeps the number of members it has and Nova Scotia drops to that number, but they do not have the same population. Specifically, Nova Scotia has 945,000 people and New Brunswick has 755,000 people. The member is asking us to permanently lock in a 20% difference in the level of representative. That is not representation by population; that, quite frankly, is a flagrant departure from representation by population.

The member also talks about cutting seats. It has to deal with the fact that our Senate floors, due to accidents of history, are quite arbitrary. The Senate floor for New Brunswick and Nova Scotia is 10 seats. The Senate floor for Saskatchewan and Manitoba is six seats each. Therefore, those provinces with populations, respectively of 1.2 million and 1 million, would potentially be able to go below the level in Nova Scotia and New Brunswick.

The member does not actually recommend that this occur, but the fact is what he does recommend, by cutting two seats each from those provinces, would have the effect of leaving 24 seats for those two Prairie provinces with a combined population of 2.3 million people, and for the smaller Atlantic region, the number of 30 seats for a smaller population. That is not representation by population either.

The hidden cost of what the member is proposing is a dramatically increased divergence from the principle of representation by population when we deal with those small provinces, because their Senate floors are established based on nothing that has anything to do with representation by population. It has everything to do with accidents as to when they entered Confederation and what the state was at the province at that time.

Therefore, Alberta, Saskatchewan and Manitoba entered confederation when they were largely unsettled wilderness. New Brunswick and Nova Scotia entered confederation when they were highly settled, thus the differences. On that basis, he would lock in egregiously unfair differences among these provinces. Now he does get his overall cap and when we look at, say, Ontario versus Nova Scotia, it does not look so bad. However, the fact is there is a dramatic, grotesque unfairness hidden in this.

We do not want to follow that trend. We want to go in a different direction.

Let me turn back to the Americans for a second. The Americans have, as I have mentioned, a significant flaw in their representation formula. In my view, they should not have a cap on the size of the House of Representatives. James Madison, the author of this part of the constitution, would be rolling over in his grave if he were aware of what they have done to the principle of equality of representation. The American founders specified that, ““the People of the several States” shall have the representation “apportioned among the several States according to their respective numbers”.

The supreme court of the United States, in the case of Wesberry v. Sanders in 1964, when dealing with this principle, concluded that when dealing with congressional districts within a state they must be as close to being equal to one another as possible. They had no power to override the arbitrary cap that had been placed on the entire United States House of Representatives, but within states they could not have a distortion. The supreme court ruled that, “as nearly as is practicable one man’s vote in a congressional election is to be worth as much as another’s”. That is a parallel case to the more famous Reynolds v. Sims, which dealt with representation within individual states and in state legislatures.

The principle applies in other countries too. It is very strongly adhered to in Australia. The British are moving more closely to this principle. Canada especially has this principle, representation by population, the equality of votes among individual citizens, as a foundational principle of the federation.

Arguably the key reason for the failure of our previous Constitution, the Act of Union, was that it created a province of Canada which had two subsidiary units, those being Canada East, now Quebec and Canada West, now Ontario, which had equality of representation, despite the fact that their population numbers were shifting. In other words, they had a situation very similar to the situation that exists under the Liberal proposal vis-à-vis New Brunswick and Nova Scotia, the same floor, shifting populations.

What happened over time was Canada West's population increased and people there felt they were being under-represented so demanded change. This movement for change was led by George Brown and the result was that this was incorporated when the federation was created when Confederation occurred in 1867. The principle of equal representation was kept in the upper house, as it is in the upper houses of many countries, including the United States and Australia, and that is why there are 24 senators each for Ontario and Quebec. However, we did not have that principle kept in the lower house. Representation by population was to reign, pure and simple.

Since that time, we have departed from that principle. We have departed in a number of different moves over time. The tendency has been for the problem to get worse and worse over time.

There is a very interesting paper by Andrew Sancton, referred to so frequently by my colleague from Saint-Laurent—Cartierville, who points out that the high-water mark for representation by population in Canada took place in 1911. In that redistribution, there was pretty much full equality among the provinces. Since that time, one rule changed after another, usually to accommodate the frustrations that individual provinces felt at losing seats and the backlash that occurred when a proposal to take away seats from a province was brought forward. When it is just hypothetical, it is easy for everybody to agree with it or to shrug their shoulders and say that it is just hypothetical. When it is actually happens, it is a different story.

The result of that has been that as we seek to adjust for all of those potential seat losses, wherever they may occur, we have moved further and further from the principle of representation by population.

I submit that we have two choices. Choice number one is we worry about arbitrary and unimportant considerations, like the overall number of people who are in this place. Choice number two is we accept that the size of this place is growing and that it will continue to grow in the future, just as it has doubled since the time of Confederation.

We say that is not a bad thing. It is simply a reflection of the fact that Canada is a growing country, a country full of immigrants, a country that is growing in ways that cause one province to expand vis-à-vis another in ways that had not been anticipated and cannot be anticipated.

Therefore, we ought to worry about representation by population, equality of votes, and ensuring that every single Canadian has the same right to elect his or her representatives as every other Canadian and considerations of geography have nothing to do with this.

As a final note, there are consequences arbitrary and unintended but pernicious to the fact that as things stand today in Canada, some provinces are overrepresented and others under-represented. I am holding in my hand a paper put out by the Institute for Research on Public Policy called “Is Every Ballot Equal? Visible-Minority Vote Dilution in Canada”. It is by Michael Powell and Sujit Choudhry, and was published four years ago.

One of the things these authors point out is that Canada's population increase today is taking place almost exclusively as a result of immigration of visible minorities at this point. Most immigrants come from countries that do not have white populations. Where do they go? They go all over the country, but primarily, according to the numbers, they go specifically to the cities of Ontario, Alberta and British Columbia. This is reflected increasingly in a variety of ways, including the fact that so many visible minority members are currently in the House and, indeed, in cabinet, but it is not reflected in due proportion because Ontario, British Columbia and Alberta are all under-represented.

The authors go further and point out that in the case of Ontario, the boundaries commission back in 2004 made the arbitrary and unfortunate decision to oversize the ridings of northern Ontario, which is to say to make them geographically smaller populations, thereby systematically under-represent everybody living south of Lake Nipissing, especially the folks in the fastest growing ridings in Toronto. Therefore, they are doubly under-represented.

I defy anybody to stand here and say that it is a good thing that Canada's visible minorities are under-represented in the House of Commons, that they are doubly under-represented both because of what happens when we distribute seats among the provinces and when we distribute within at least one of the provinces.

I defy anybody to say that it is a good thing to keep that process going in the long-run.

I defy anybody to defend the NDP bill which says that we ought to over-privilege one province and guarantee its seat count permanently, and guarantee a yet further diminution of the vote power of those visible minorities in Ontario, British Columbia and Alberta and, coincidentally, the people who are not visible minorities, like the folks in my rural riding in eastern Ontario, would also see their votes diminished.

There is a problem with this. The solution that is being proposed by the government in Bill C-20 is a thoughtful, diplomatic, practical solution that has widespread public support. It is something that is mandated, if one believes in the mandate of government, in that the government went into the election saying it would do three things in its boundary distribution bill: first, it would ensure that Ontario, B.C. and Alberta get more seats; second, it would ensure Quebec gets its equitable share, neither over nor under-represented; and third, it would ensure that none of the smaller provinces lose seats.

This is the kind of compromise on which this country was built 150 years ago. It is an excellent proposal and I encourage every member of the House to vote for it.

Fair Representation ActGovernment Orders

December 13th, 2011 / 11:05 a.m.
See context

Liberal

Stéphane Dion Liberal Saint-Laurent—Cartierville, QC

Mr. Speaker, at the beginning of November, when we started debating Bill C-20, which aims to more fairly allocate seats by province in the House of Commons, I said that Parliament should be united when democracy itself is at stake.

This topic should bring us together as democrats, and take us beyond our partisan differences.

Unfortunately, it seems that we will not achieve this desired unanimity because of the Minister of State for Democratic Reform and the Conservative government, who stubbornly wish to needlessly inflate the House by an additional 30 seats.

In absolute numbers, this would be the largest increase since Confederation, as pointed out by Professor Louis Massicotte from Laval University, one of the experts who testified before the committee.

The Liberal opposition proposed an amendment formula for Bill C-20 that would give Canadians a House that is completely fair—just as fair as with Bill C-20, but without adding any seats to the existing 308.

As set out in Bill C-20, Ontario would have 36% of the seats, Quebec would have 23%, British Columbia would have 12%, and so on, but the total number of seats in the House would not increase.

But as the experts who testified in committee repeated many times, what counts is not the absolute number of seats, it is the proportion of the total.

The Liberals' proposal was very well received across Canada by Canadians of all political stripes, analysts and experts.

Even a number of Conservative and NDP colleagues admitted to me that they preferred the Liberals' proposal. Of course, I will not reveal their names, since those were private conversations.

The Green Party has made a proposal similar to ours. The NDP has taken itself out of the debate by refusing to give any numbers. Instead, it is looking to please everyone by creating a House that is even more bloated than the one proposed by the Conservatives.

According to an Abacus Data poll released yesterday by The Hill Times online, no less than 57% of Canadians preferred the Liberal Party's proposal to keep the number of seats as it is, while shifting their distribution; 22% preferred the status quo; while only 21% want more seats. Hence, four out of five Canadians reject the Conservative plan.

It comes as no surprise that the Conservatives are trying to fast-track the vote on this bill. They know very well that the longer we debate it, the more backlash they will get from the public.

Support for the Liberal Party's position also comes as no surprise. Canadians do not want more MPs; they do not want more politicians. They really do not need them, especially in these tough times when the Conservative government is asking people to tighten their belts. Canadians want a House of Commons that is fair, but they do not want a bloated one.

And that is true across Canada. In my province, for instance, nine out of ten Quebeckers oppose the Conservative plan and 57% of Quebeckers support the Liberal plan.

That said, it is true that some federal and provincial politicians have indicated their preference for the Conservative plan for 338 seats. Only politicians want more politicians.

Canadians are telling us that since we can achieve a House with fair representation with 308 seats, it would be pointless, reckless and irresponsible to add 30 seats. Most of the experts who appeared in committee are of the same opinion as the general public: “yes” to redistributing the seats; “no” to increasing the total number of seats.

In the words of Professor Andrew Sancton from the University of Western Ontario, “But I cannot support any formula that has the effect of adding significantly more MPs than we already have”.

Professor Ken Carty from the University of British Columbia went right to the crux of the matter when he told the committee, “We're increasing it not because we think there's a good reason for increasing it; we're increasing it because it is seen to be the easy way out of dealing with redistribution”.

Canadians have no appetite for a ballooning House of Commons. They are fed up with a lazy government that keeps seeking the easy way out. They want leadership. They want their politicians to do the right thing. They want an equitable House of Commons, but they are happy with its present size.

Canadians have every right to be upset when they see the Conservative government trying to gorge itself with more politicians while it slashes the public service and services to the public.

Canadians have every right to be upset when they see the federal Minister of Finance slashing the federal public service by 10% while the government inflates the number of federal politicians by 10%. That is the Conservative way.

Citizens are asked to tighten their belts while Conservative politicians loosen theirs. The Conservatives have already given themselves a record-size cabinet and a record-size PMO, and now they want a record-size House of Commons.

Canadians have every right to be upset when they see the lack of principles shown by Conservative politicians. No principles, no consistency.

In 1994 a young Calgary MP declared he wanted to decrease the size of the House to 273 seats. Could it be the same man now, the present Prime Minister, proposing to increase the House to 338 seats? He wanted 273 seats yesterday, 338 seats today. That is 65 more seats. Talk about a king-size flip-flop. Excuse me, a royal flip-flop. Could the Prime Minister explain to Canadians what exactly made him change his mind? No principles, no consistency.

In 1996 Ontario's then progressive conservative government implemented the fewer politicians act that decreased the number of provincial seats from 130 to 103. Our current federal Minister of Finance, Minister of Foreign Affairs and President of the Treasury Board were members of that provincial government. Today, the same trio that wanted less provincial politicians want 30 more federal politicians. Yesterday, it was the fewer politicians act; today, it is the more politicians act. No principles. No consistency.

That is an example of politicians serving themselves rather than serving the public. Canadians do not appreciate that. Consider what is happening elsewhere. In Great Britain, the government—a Conservative government, no less—is also asking the people to make huge sacrifices, but at the same time, it is leading by example and reducing the number of seats by 10%. In New Brunswick, the government—also a Conservative government—is also leading by example in these times of fiscal austerity and reducing the number of electoral districts.

What does the Minister of State for Democratic Reform have to say to explain his government's lack of consistency? Nothing. The only flimsy argument he could find was that we cannot reallocate seats in the House because we would pick winners and losers. Is the minister serious? Who is he trying to kid with this empty rhetoric? Listen to Canadians who are telling him that, with the government's plan and this inflated House of Commons, Canadians all lose.

What Canadians are telling us loud and clear is that with the Liberal plan, all Canadians would be winners. They would enjoy a more equitable, more representative House of Commons with the same number of MPs as today.

Currently, the Government of Canada is the only federal government that deems it necessary to increase its number of MPs when there is a need to rebalance regional representation in Parliament. The only federal government on this planet. This is unnecessary and unsustainable practice. What is important is not the absolute number of seats; it is the number of seats relative to the whole.

As Professor Sancton told the committee:

The key issue is the fairness of the formula itself and how it affects the relative representation of each of the provinces in relation to the others. Except for incumbent and aspiring MPs, I believe the absolute number of seats in a particular province is quite irrelevant.

This is the reasoning adopted by other democracies, one which also applied to Canada not so long ago. Why not return to this common sense position?

After all, the number of seats in the House of Commons did not change for a quarter century. In 1953, there were 265 seats in the House. Twenty-five years later, in 1978, there were 264. And Canada was no worse off.

According to Professor Sancton, since Confederation there have been 22 instances of individual provinces losing members of Parliament as a result of redistribution of seats following a census.

Professor Nelson Wiseman from the University of Toronto pointed out to the committee that every single province in Canada, except Newfoundland, Alberta and British Columbia, has lost seats in some redistributions.

I have already pointed out that in our provinces during the 1990s, Ontario reduced its number of MPPs from 130 to 103. Likewise, during that same decade, the numbers in New Brunswick went from 58 to 55, in Prince Edward Island they went from 32 to 27, in Newfoundland and Labrador they went from 52 to 48, in Saskatchewan from 66 to 58, while Manitoba has consistently had 57 seats since the 1950s.

Keeping a reasonable number of seats would be possible throughout the democratic world, in our provinces and in this House, as it was not so long ago. Why is this possible everywhere else and at all times, but not in the House of Commons of Canada today? This Conservative government is about to impose on Canadians the largest inflation in the number of federal seats in the history of the federation at a time when it is making cuts everywhere else. It makes no sense.

We need to think about the future. We already have a higher MP-to-population ratio than is the norm in democracies, especially if we take into account that in our decentralized federation there are many pressing issues, such as schools and hospitals, that members of Parliament do not have to address.

Professor Ken Carty said to the committee:

Our national House of Commons is now more than twice the size of that of our Australian cousins, and I find it difficult to think how we can justify this continual growth.

However, the government's empty rhetoric about winners and losers would condemn Canada to such perpetual growth.

The Minister of Democratic Reform himself admits that under his formula, according to current population projections, the House will increase from 338 seats in 2011 to 349 seats in 2021 and 354 seats in 2031. However, it may grow even faster than that. If we take the Statistics Canada high-growth scenario, the formula in Bill C-20 would impose on Canadians a 357-seat House in 2021 and a mammoth House of 392 seats in 2031, yet according to a 1996 study quoted by the minister, the current House of Commons can only accommodate 374 members of Parliament.

It is time to put an end to this obligation to always add MPs decade after decade. It is time to halt the perpetual expansion of the House of Commons.

I began my remarks by saying that it would be great if we were all voting together on this issue as democrats who were able to agree about the basic rules of democracy. In closing, I would like to quote one of my Conservative colleagues, for whom I have a lot of respect. The member for Wellington--Halton Hills said in the House:

I think the proposal by the member for Saint-Laurent--Cartierville is a principled one but I think, politically, it is untenable.

Well, the Liberal plan is principled indeed, but it is also perfectly tenable, because it is what Canadians want: a fair, equitable and representative House of Commons, a House that is fair with respect to provincial representation, fair to taxpayers, fair to those who will suffer the impact of fiscal restraint, fair and true to our democratic principles.

Since we can achieve fairness with 308 seats, we should not bring the number up to 338. That is the bottom line. Let us show political leadership and the courage to do the right thing. The government should embrace the Liberal plan; Canadians would be thankful.

We must say no to Bill C-20 in its current form, no to this bill to bloat Parliament.

We must say no to this “more politicians” bill.

We must say yes to the Liberal plan for a fair and reasonable House of Commons, a House that maintains it current size. Let us stand together to show Canadians that we, their members of Parliament, are not here to serve ourselves, but are here to serve Canadians and Canada.

Fair Representation ActGovernment Orders

December 13th, 2011 / 10:35 a.m.
See context

NDP

Alexandrine Latendresse NDP Louis-Saint-Laurent, QC

Mr. Speaker, I am pleased to rise in this House again here today to speak to Bill C-20, which has already reached third reading. This bill is going through the House of Commons faster than flu in winter. While Canada is taking a beating, the government can use the word “fair” to describe the bill all it likes, but it is nothing of the sort. I hope the minister sees how ironic it is that this bill is being rammed through the House so quickly. He is the Minister of State for Democratic Reform and although the substance of this bill has to do with democracy, its form has absolutely nothing to do with it. It is appalling that today is the one and only day set aside to debate this bill at third reading. It is almost a joke.

The government can go ahead and say that this bill absolutely must pass and receive royal assent before February 8, 2012, but that argument falls flat because the long list of transitional provisions that were added to the bill deserves our full attention. Not only did this government anticipate what will happen if this bill passes after February 8, 2012, but it has planned for several different scenarios. We realize that this would not be an ideal situation, but when it comes time to reflect on national issues like this one, the NDP recommends taking a careful, collegial and consultative approach. Everyone has a right to express their opinion. But no, the Conservative government is using time allocation motions to tell us not to blink, otherwise we will miss Bill C-20 as it passes through the House. It is shameful.

I have already said many times in the House that the Canadian public's cynicism toward politicians is toxic. Yet I see that the Conservative government has no problem adding to it.

Certain incidents of note occurred as this bill passed through the stages of debate. I am fortunate enough to sit on the Committee on Procedure and House Affairs with many of the members who are here today. In the clause by clause analysis of the bill, the committee had the pleasure of hearing from the former chair of the Electoral Boundaries Commission for Quebec, who was in office during the last redistribution. He suggested some amendments that should be made to the bill with regard to the time frames for drawing boundaries. He is of the opinion that the time frames set out in Bill C-20 are too short.

In good faith, the NDP proposed amendments to the committee and sought to have these time frames adjusted as per the witness' recommendations; however, the Conservative members quickly rejected these amendments. The amendments would have made this complex process more flexible but the Conservative members summarily rejected them. What does this tell us? Have the Conservative members been instructed to reject any proposals made by the opposition even if they make sense? I am having difficulty seeing the logic behind their actions.

There are other ways to resolve all of the problems associated with representation by population in the House of Commons. One of these methods involves analyzing the situation in each province individually. Each province has urban centres and large rural areas. The readjustment of electoral boundaries is a delicate process requiring almost surgical precision. Not only must each riding have approximately the same number of constituents, but there has to be some consistency across ridings. Although this issue is very relevant, it is not addressed in the bill.

The logic behind the concept of “community of interest” becomes clear when we look at the issue from that perspective. The needs, concerns and realities of the residents in the riding of the hon. member for Timmins—James Bay are certainly not the same as those of the residents in the riding of the hon. member for Hamilton Mountain. The same logic applies to the magnificent riding of Louis-Saint-Laurent, which I represent, and the riding of the hon. member for Manicouagan. Looking at the redistribution exercise in this light would be an interesting starting point for a different approach to correcting this problem. Urban areas, suburbs and rural areas create a very complex demographic mosaic. As the hon. member for Nickel Belt mentioned in his question, the division of all the regions, northern and urban included, is complicated. Nevertheless, as of tomorrow, Bill C-20 will be in the hands of the unelected Senate, an institution that lacks legitimacy. That is unfortunate.

From 1980 to 2011, we have had successive Liberal and Conservative governments. What has been the result? Two referendums on Quebec's sovereignty and constitutional negotiations that are seen today as so painful that no one wants to talk about them. Their approaches have proven not to work. The NDP has a new solution that includes Quebec. We will leave constitutional crises to the Liberals and the Conservatives. The Conservatives are inept at handling these constitutional matters with any sensitivity. Need I remind hon. members that Quebec still has not ratified the Constitution, but everyone sitting here has the same democratic legitimacy nonetheless? Is this a fair democratic reform? No, the government just wants to quickly add more seats to give the impression that it is taking action when, really, this is nonsense.

The NDP is far better equipped to defend the interests of Quebec. My colleagues from across Canada, whether from Alberta, British Columbia or Ontario, support Bill C-312. What more tangible evidence do you need? Are they any less committed to their own constituents?

Who would have thought? A national party in Canada that understands, defends and respects Quebec.

The NDP is working with Canada as a whole to build a more united Canada that brings everyone together. We are not pitting any province against the others. We are not trying to exacerbate tensions, nor are we trying to promote national differences and differences within the Canadian confederation.

The NDP wants to work on uniting us in respect and mutual understanding. Quebeckers sense that our party is capable of this. That is why they voted for us. Quebeckers gave us a stable, strong and unequivocal mandate to create a country in keeping with the aspirations and ideals of everyone, whether they are Quebeckers, Canadians, francophones, anglophones, aboriginals or Acadians. That is our orange revolution.

Our bill does not just concentrate on Quebec. Alberta is under-represented. If it feels under-represented within the Canadian federation, we agree that that must be corrected. Historically, it suffered a long time from isolation and poverty, and too often it was not heard. Now that its people contribute so much to the Confederation, we must address its issues and listen. But the Conservatives are using Alberta's natural resources and prosperity to boost themselves. What is worse is that they are using history to separate the province from the rest of Canada. They are even looking to pit it against Quebec, creating the illusion of an “Albertocracy” in Canada. But this is a sham. We cannot prosper as Canadians by exacerbating historic and regional differences to divide and conquer.

Ontario is the most populated province in Canada. That is obviously because of itis wealt in terms of people, culture and economics. Furthermore, it is magnificent. It is the product of North American prosperity and we are fortunate that it is in Canada. So it makes sense that it has faster demographic growth.

Now, what about British Columbia, our jewel of the west and destination for Asian immigrants? Its population is rising as well. And yes, it should also be recognized.

In short, we recognize that each province and each nation has specific needs, and we respect that. To get to the bottom of their individual needs, we have to consult with them and work with them. That is not at all what is proposed in Bill C-20. The Conservative government seems to see the provinces as municipalities in a united, monolithic state. And it is not the only federalist party in this House that has had that kind of vision.

The third of the founding peoples is represented—in its entirety—by a single federal department. We have seen where that has got our aboriginal brothers and sisters. If we are to truly have fair representation in this country, I propose that we start there.

I am not saying that as a Quebecker I do not understand the needs of the other provinces. The NDP's Bill C-312 regarding the redistribution of the seats in this chamber very fairly addresses their needs. Bill C-312 simply adds Quebec's demands to the legitimate demands of Ontario, Alberta and British Columbia.

What did previous governments do for Quebec and the aboriginal peoples? Were these not half measures? Their record on reforms is not very inspiring and weak. In general, they opted for the status quo. They are in no position, nor do they have the moral legitimacy, to criticize the NDP's approach. How does this bill change the representation of aboriginal peoples in this House? It is fortunate that Nunavut has already achieved the status of a territory within Confederation. It was a great initiative. However, that is just one among dozens of peoples. How do we encourage them to vote and participate in our democracy? How can we believe that the third founding nation will take an interest in this country when just one federal department has been made responsible for addressing all its ambitions and issues? Furthermore, I am sad to say that this department is headed by a minister who does not appear to understand the issues or be doing a good job.

The sovereignty of aboriginal peoples has been eroded to the point that they have been relegated to one department, Aboriginal Affairs and Northern Development. It is a very unfortunate precedent. No matter what they say, the threat to Quebec is clear: You are next.

And what about democratic reform and fairness? Members are surprised that I am using the example of aboriginal peoples to illustrate the extent of this failure. Do we want Quebec to be a failure as well? Previous governments, whether Liberal or Conservative, almost pushed Quebec to the same extremes. By dint of band-aid solutions, as we see today with Bill C-20, we are surely balkanizing the country. The idea of fairness, as presented by this bill, is inevitably linked to the idea of pan-Canadianism, no matter what the cost.

The tragedy is that it does not apply to Quebec. What does that tell us? It tells us that the Conservatives do not understand Quebec. That does not mean that Quebeckers have no interest in federal affairs; far from it. The NDP members realize this. Quebec, working alongside Canada, simply wants its special status within the federation to be respected and protected. That is the rationale behind why Quebeckers voted for the NDP. We have respect for Quebec. But what of the Conservatives’ response? It is imperialist and reductionist, hence Bill C-20. The NDP's response, on the other hand, is collegial and inclusive, hence Bill C-312.

I wanted to believe the fine words and grand rhetoric from the minister of state, but upon reflection, I find his promises to be empty and insensitive. How many times have I heard from our English-Canadian compatriots that their Canada included Quebec? The Conservatives are disregarding these people and their perception of civilization. The electoral map proves this. The Conservatives now want to reduce Quebec's political weight in the House. Quebec has not achieved its distinct society. Moreover, Quebeckers were given the label “nation”. And yet, little by little, the Conservatives are slowly chipping away at Quebec's identity.

The Conservative government is trying to solve a national problem with a mathematical equation. This equation is based on random, artificial data. The government is trying its hand at “science” and offending very powerful regional and national interests, which are far more powerful than a simple equation based on equitable considerations. Quebec has been very clear: its National Assembly voted unanimously against a reduction in Quebec's political weight in the House of Commons. The Quebec nation's position within Canada is a balancing act. It is very tricky. The proof is in the pudding: there have been two referendums on sovereignty.

The four seats of Prince Edward Island, which is dear to us, are the key to this whole argument. These four seats are completely warranted and attest to a far more inclusive way of thinking when it comes to Canada than simple fair representation by population.

This is the key to the NDP's argument. Assuming Prince Edward Island is overrepresented strictly in terms of its population, is it really so when one considers its cultural, agricultural and historical contribution to the nation? Not at all. It is entirely deserving of its four seats. Perhaps the Founding Fathers had a far more sophisticated vision for this country than this government. What is at stake here is a legal and constitutional precedent that no one questions. Once again, this is what is at the heart of the NDP's thinking on the matter.

The number of seats does not have to be strictly proportionate to a province's population. The number of seats must be commensurate with the historical and cultural weight of a province as a part of a whole. The Conservatives misapply the word “fair”. I doubt that the Islanders are concerned about the word. The Conservatives see themselves as lords distributing seats as tokens of their appreciation. A nation is not created by stealth. It is a matter of sitting down and understanding the situation.

If the Conservative equation was strictly applied, there would be but two members for the whole of Prince Edward Island. It is calculating, to the point, no questions asked, like it or lump it. If Conservative logic were strictly applied to the three territories, together they would be entitled to one single seat based on the formula. Their combined population does not exceed 111,000 people. Yet, no one is considering taking away their seats. This is proof that fair representation is but an illusion. The definition of fairness is rooted in arbitrary premises. Nunavut's very creation is more or less based on such premises. We realized that Nunavut was a community of interest that deserved to be represented in the House, and so Nunavut now has a seat.

The logic is the same: there are four seats for Prince Edward Island and one seat for Nunavut. Mathematical equations would not produce that result, and yet that is the present situation. Clearly Canada is not built on a cold mathematical equation. Quebec needs more seats, and that must not be achieved at the expense of Ontario, Alberta and British Columbia. Adhering to the 24.35% political weight of Quebec in the House of Commons must not be achieved at the expense of Canada. That is the substance of Bill C-312, which the NDP has introduced. It is a sensible bill, and it is sensitive to regional needs and to the fabric of which our Confederation is made.

If a democratic reform that tackled our democratic problems at their root were the goal, Quebec's sensibilities would have to be respected, and that is not being done. A feeling of unity would have to be created in the Commons, and that is not being done. The aboriginal nations would have to be included, and that is not being done. The Senate would have to be abolished, and that is not being done. Public funding for political parties would have to be restored, and that is not being done. The voting system would have to be reformed, in an intelligent way, and the government certainly has no intention of doing that.

These are the only ways to genuinely combat the disillusionment and cynicism the Canadian public feels toward politics. But what is this government doing? It is repeating the mistakes of the past. It is perpetuating the curse that divides our country. The Conservatives have the audacity to think they are being clever when they do it. This is unbelievable.

I will briefly conclude by saying that the status quo has to end here. The NDP is proposing a pragmatic and intelligent solution that kills two birds with one stone: Bill C-312. It fixes the under-representation of Ontario, British Columbia and Alberta; that is sensible. Quebec gets 24.35% of the seats in the House of Commons, the proportion it had when this House adopted a motion recognizing the Quebec nation in a united Canada; that is rational. By doing this, we contribute to building a country where everyone is respected and where each province feels that it is properly represented in this House. It is intelligent and it would not bring about a constitutional crisis.

Fair Representation ActGovernment Orders

December 13th, 2011 / 10:35 a.m.
See context

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, Bill C-20, the more politicians bill, is really what the bill is all about.

In fact, I want to go to what the Prime Minister used to say about members of Parliament. This is a quote from our current Prime Minister just a few years ago. He stated, “The size of the House should be capped. Maybe even the size should be lowered”. In fact, the current Prime Minister used to say that we only need 265 to 295 members of Parliament at the most.

The current government has had a flip-flop on the issue. Now it believes we should increase the size of the House of Commons, which contradicts what a vast majority of Canadians want. The bill would increase the size and the number of members of Parliament. The vast majority of Canadians do not want that. They do not want more MPs.

At one point, the current Prime Minister used to be onside with Canadians. My question to the minister is very simple. What caused the Prime Minister to change his mind? Why, at one time, did he believe we should reduce the numbers and now he wants to increase them?

Fair Representation ActGovernment Orders

December 13th, 2011 / 10:10 a.m.
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Edmonton—Sherwood Park Alberta

Conservative

Tim Uppal ConservativeMinister of State (Democratic Reform)

moved 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.

Mr. Speaker, I am pleased to begin the last stage of debate today on the government's Bill C-20, the fair representation act. Now that we have had the benefit of second reading debate and committee review, the value of this bill has become even more clear. There is no question that Bill C-20 represents the most practical and fair approach to improving representation in the House of Commons.

This bill would address a series of important points for Canadians. Most importantly, it would address the serious and increasing under-representation of our fastest growing provinces: Ontario, British Columbia and Alberta. This under-representation means a number of things. It means Canadians in these three provinces are not represented properly in terms of number of members of Parliament. It means that the votes of citizens living in each of these three provinces do not have nearly the same weight as the votes of citizens living in the other seven provinces.

Certainly, we must strike a balance within our constitutional framework between voter equality and effective representation across the country. The principle of voter equality and representation by population is an important one. Many Canadians would agree it is the single most important principle. That is why we need to ensure we have a seat allocation formula that, to the greatest extent possible, provides equal weight to every Canadian's vote. I believe this is the fair thing to do and many Canadians would agree with that.

The seat allocation formula instituted in 1985 does not provide anywhere near the equality of vote that we need. We must change it. Not only is the current formula not as fair as it should be to all provinces and Canadians, but it is also increasingly unfair to Canadians in the three fastest growing provinces, which also happen to be three of the four largest provinces. This problem is significant now and is only going to get worse if we continue with the status quo.

Over 60% of Canadians live in these three provinces and so more than 60% of Canadians are under-represented in the House. To me, to many of my colleagues here, to my constituents and to our government, this is unacceptable. Therefore, we are addressing this problem.

We are keeping our promises to Canadians and those promises are worth repeating. In the last campaign, we made three distinct promises on House of Commons representation to Canadians. First, we would increase the number of seats now and in the future to better reflect population growth in British Columbia, Ontario and Alberta. Second, we would protect the number of seats for smaller provinces. Third, we would protect the representation of Quebec according to population. We are delivering on each of those promises with this bill. We have promised to ensure that any update to the formula would be fair for all Canadians and all provinces, and we are doing just that.

The opposition has brought forth alternatives, but those alternatives would not keep our promises to Canadians. Each proposal has numerous flaws. We disagree with the opposition's approach. We promised specific things to Canadians on this issue and we are going to deliver on our promises. We are going to deliver a principled, reasonable and fair bill for all Canadians.

I would like to address the proposals from the NDP and the Liberals. Their proposals compromise the democratic representation of some Canadians in pursuit of political statements. This is something we are not doing. The NDP has proposed a bill that would add an element to our seat allocation formula that would violate the constitutional principle of proportional representation. It would guarantee a province a fixed percentage of seats in the House regardless of its share of the population. This would not be in keeping with our goal of moving all provinces closer to representation by population.

The NDP proposal would introduce a new factor that would cause further under-representation of the fastest growing provinces, the very provinces that we need to treat more fairly. Furthermore, to alter the principle of proportional representation would take a constitutional amendment that requires the consent of the provinces through the 7/50 amending formula. This change proposed by the NDP is not something this House and our Parliament can do on its own. From that perspective, this proposal is unconstitutional without that element of provincial consent.

We have seen that the NDP is more than happy to put a political statement in one province ahead of fair representation for all Canadians. What is more, the NDP cannot tell Canadians just how many extra seats it plans to provide. Canadians do not know what to expect from the NDP. It uses out-of-date numbers and cannot give Canadians any certainty on seat numbers.

We have been clear with Canadians. Canadians know exactly what to expect from our bill and our government. We made sure to use the most accurate numbers we have, and we made sure Canadians would know exactly what to expect from their government.

The Liberals present a proposal that would be a recipe for provincial anger and conflict. It would go directly against our second promise to Canadians, that we would protect the seat counts for smaller, slower growing provinces. This point was made eloquently by my colleague from Wellington—Halton Hills last Tuesday afternoon, and I think he is correct.

The Liberals' proposal would take seats away from the smaller, slower growing provinces, and give those seats to the larger, faster growing provinces. Simply shuffling the deck is not as easy as it sounds. It may be the practice in some other countries, as some colleagues have correctly pointed out, but it has not been the practice here in our country.

The Liberal proposal would lead to seat losses for the provinces of Saskatchewan, Manitoba, Quebec, Nova Scotia, and Newfoundland and Labrador. Nine seats would be lost by those provinces.

Despite the challenges put forward by the Liberal members from Saint-Laurent—Cartierville and Winnipeg North, I do not think that the people in the governments of those five provinces would happily endorse the proposal.

We make no apologies for addressing the significant and increasing under-representation of ordinary Canadians. Our bill does that, just as we promised to do. We also believe, and make no apologies for believing, that this problem should not be fixed by inflicting seat losses on other provinces. Just as we would ensure that no province could move from being overrepresented to being under-represented as a result of the formula, we would also ensure that no province loses seats through this formula.

That is consistent across the whole of our bill. We have demonstrated this consistency when making our commitments to Canadians during past elections. Consistency, however, is not a feature of the Liberal position. Let me give some examples.

The Liberals have enjoyed quoting from committee reports from 1994. What they leave out is that the Liberal government at the time rejected the very advice and principles that the Liberals are trying to promote today.

The Liberal government of the time had no interest in fixing the obvious flaws of the current formula. It had no intention of reducing the number of seats in the House, freezing the size of the House or taking seats away from any provinces.

I am certainly not going to argue that our Conservative government has much in common with that previous Liberal government, quite the opposite in fact. Our Conservative government has continued the hard work of fixing many of the problems that the Liberal government did not care to deal with during its 13 years in power.

My point is this: the Liberal proposal is not firmly grounded in our country's history or any particular principle. The Liberal position is politically convenient. That is it. What is more, we are not exactly sure how the Liberals propose their plan would work in the future.

We have been clear. Our formula is fair, nationally applicable and permanent. Rules that would be applied in this readjustment would be applied in the same way in the next readjustment.

We have been clear in our bill. The Liberals have not even tabled a bill. They only held a press conference and presented a couple of charts. The member for Saint-Laurent—Cartierville has been passionate about their ideas, but they have not tabled a bill, so we do not know how they plan to solve some of the major problems of their bill. Their proposal, as with the current formula, would quickly run up against the effect of the constitutional seat force, in this case the Senate floor rule.

Their proposal would continue to take seats away from smaller, slower growing provinces and give them to the larger, faster growing ones until they could not do that any more. The smaller, slower growing provinces are all very close to their Senate floors. Quickly it would become impossible to take seats away from them to give to the provinces that deserve increased representation. The Liberals have not put forward a bill that lays out how they propose to deal with this situation. I do not think Canadians should let them skip over this problem.

The Liberals' proposal immediately brings Newfoundland and Labrador and Nova Scotia down to their Senate floors. New Brunswick and P.E.I. are already at their Senate floors. After one readjustment, no more seats could be removed from Atlantic Canada.

Saskatchewan and Manitoba have some room to fall further, but then those provinces, which are significantly larger than any of the Atlantic provinces, would have the same or fewer seats than those Atlantic provinces. That cannot be fair at all. Saskatchewan and Manitoba's combined population of over 2.3 million could have fewer seats than New Brunswick and Nova Scotia's combined population of just over 1.7 million. In fact, Saskatchewan and Manitoba have approximately the same population as all four Atlantic provinces combined. To remove seats from these prairie provinces at all is clearly unfair and unjust to Canadians living in those provinces.

I suppose the Liberals could suggest taking even more seats away from Quebec. The Liberals have proposed taking three seats away from Quebec this time around, and I can only suppose that they would not see any problem with taking even more away.

What do the Liberals propose to avoid this situation? They have no idea because they have decided these issues are not important enough to them to table an actual bill.

I come back to my point that the Liberals' proposal is simply politically opportunistic. It is an attempt to score political points while ignoring the very real consequences of their proposal. They can do this because they do not have to worry about their proposal actually becoming law and a part of our Constitution. They know their proposal is flawed, that it will not become law and that they are not responsible for ensuring fairness for all Canadians.

Our Conservative government has responsibility for all these things. We have a responsibility to govern for all Canadians and to ensure fairness for all Canadians. That is why our proposal is fair for all Canadians. It is our job to make it that way and we have done exactly that. As I said, we made promises to Canadians. These principles form the basis of the bill and we are not going to move away from them. We are confident that we have struck the right balance and that our bill provides the most fair, practical and accurate way to move forward to what is fair representation.

Earlier in my remarks I made note of the committee stage this bill went through. I would like to return to that point to emphasize some of the strengths of the bill and our approach. One point I would like to emphasize is the source of our proposal to streamline the boundary readjustment process. Ultimately, these changes would help to complete the process faster which in turn would provide clarity to Canadians sooner with respect to their riding boundaries.

With these changes, we project that it will be possible to bring forward the completion of the boundary readjustment process in early 2014, instead of late 2014 under the present timelines. During the hearings of the Standing Committee on Procedure and House Affairs, both the current Chief Electoral Officer, Mr. Marc Mayrand, and the former chief electoral officer, Jean-Pierre Kingsley, noted that these amendments are consistent with previous recommendations made by them and that there would be no problems associated with the timelines.

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.

Mr. Mayrand also stated that the best scenario was for this bill to be passed and in place in time for the February 8, 2012 start date of the readjustment process. During his testimony at committee, he spoke about the importance of having the legislation adopted as soon as possible and the danger of further delay. He said:

The best date, in our mind, would be before the commissions are set up in February. Otherwise, commissions will have to start their work, the legislation will come into place later on, and they will have to restart again. That may, of course, generate additional costs, but also quite a bit of confusion, depending on what time the legislation comes into place.

It is our intention to heed the advice of Canada's Chief Electoral Officer and prevent this sort of additional cost, duplication of effort and confusion.

I will also point out the changes of data source for the allocation of seats by provinces as a strength of this bill. This is the requirement in the bill that Statistics Canada's population estimates be used to determine the allocation of seats by province instead of the decennial census figures. The population estimates are the most accurate data available because they are adjusted to account for under-coverage of the census itself. These estimates are already used to determine the allocation of funding for the federal-provincial equalization program, the Canada health transfer, the Canada social transfer, and the territorial formula financing.

As Chief Statistician Wayne Smith stated during his testimony before the Standing Committee on Procedure and House Affairs:

--it is Statistics Canada's view that the currently available estimates of population at July 1 represent the best available evaluation of the population of the provinces and territories that is available at this time or that will be available on February 8. It is therefore appropriate, in our view, that they should be used for the purposes of Bill C-20.

Mr. Smith's comments represent a strong endorsement of our government's decision to use the best available data for each stage of this process. The census numbers will of course continue to be used for the electoral boundary readjustment process because they provide a level of geographic detail that is necessary to draw the boundaries, again the best data available for this stage of that process.

To conclude, for over two decades Canadians from Ontario, British Columbia and Alberta have become significantly under-represented in the House of Commons due to population growth. They will continue to become even more under-represented if action is not taken to correct the status quo. Clearly, this increasing and significant under-representation is not fair. Every Canadian's vote to the greatest extent possible should carry equal weight. Since forming government in 2006, our Conservative government has consistently demonstrated its commitment to fighting the significant and increasing under-representation of ordinary Canadians in the House of Commons.

Given that the decennial boundary readjustment process begins February 8, 2012, tonight's vote is the last opportunity for members to say to Canadians that the status quo is unacceptable. I encourage the opposition to vote in favour of this legislation which is fair for all provinces and which moves every single Canadian closer to representation by population.

Fair Representation ActGovernment Orders

December 12th, 2011 / 6:30 p.m.
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Conservative

The Acting Speaker Conservative Bruce Stanton

It being 6:30 p.m., the House will now proceed to the taking of the deferred recorded division on the motions at report stage of Bill C-20.

Call in the members.

And the bells having rung:

The House resumed from December 9 consideration of Bill C-20, An Act to amend the Constitution Act, 1867, the Electoral Boundaries Readjustment Act and the Canada Elections Act, as reported (without amendment) from the committee, and of the motions in Group No. 1

Fair Representation ActGovernment Orders

December 9th, 2011 / 12:30 p.m.
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Conservative

Brent Rathgeber Conservative Edmonton—St. Albert, AB

Madam Speaker, it is indeed an honour for me to rise and add my comments at report stage with respect to Bill C-20, the fair representation act.

As members know, representation by population is one of the fundamental principles of democracy. In fact, it is one of the principles that this country was founded upon.

In researching the debates leading to the British North America Act and the formation of Upper and Lower Canada with New Brunswick and Nova Scotia in 1867, members would know that the Fathers of Confederation insisted that the House of Commons would be based on the concept of representation by population; that all Canadian citizens in the new country of Canada would have an equal voice in electing members to this chamber and an equal voice in the affairs of their nation; and that their members would, within reasonable limits, represent the same number of people.

Those principles that our country and Constitution are based on are as valid today as they were in 1867, so it will come as no surprise to the members of the House that I support Bill C-20 and congratulate the Minister of State (Democratic Reform) for introducing this legislation. In my view, it will remedy some of the current deficiencies in representation in this chamber.

This legislation, as members of the House know, does not dictate the number of seats that each province would get; rather, it sets a formula and changes the formula that determines the representation in this House.

Several provinces in our Confederation are growing much more quickly than others. I happen to represent an electoral district in one of those faster-growing provinces, the province of Alberta. The other faster-growing provinces are British Columbia, where you, Madam Speaker, are a representative, and Ontario.

On representation by population, I think we can agree on two things: that it is a principle that ought to be adhered to to the greatest extent possible, and that true and perfect representation by population is impracticable in a country as diverse as Canada.

Simply stated, on the one hand we have too many densely populated areas. Around the GTA, for example, Mississauga, Brampton and other suburbs are densely populated and growing arithmetically. Conversely, we have very sparsely populated parts of our country: the Arctic, the Northwest Territories, Yukon, even northern Alberta. Driving an hour north of my riding of Edmonton—St. Albert, one begins to enter the sparsely populated parts of our province.

We will never have perfect rep by pop because there has to be some accommodation for the less densely populated areas to be represented. Of course those provinces and territories are entitled to representation, and they require and deserve a voice on national issues.

Over time, representation in this place has been modified by a number of formulas, each superimposed upon the other, and we have talked about them today. There is the Senate floor clause, I think from around 1915, which guaranteed that no province could have fewer seats in the lower chamber than it had in the upper chamber. Then there is the 1985 grandfather clause, which dictates that no province could have fewer seats than it had at that time. We have a number of rules superimposed upon each other, and those rules, coupled with the fact that some provinces, including mine, are growing very quickly have led to the current disproportion.

It is a significant disproportion. According to the Mowat Centre, 61% of Canadians are currently under-represented in this chamber. Worse, visible minorities in visible minority communities are particularly under-represented. That is because they tend to reside in under-represented densely populated urban areas, largely but not exclusively in the Greater Toronto Area of Ontario.

I was speaking with my colleague from Brampton West after question period. According to the 2006 census, in his riding he has the highest number of constituents in this country.

Based on the 2006 census, the population of Brampton West was 170,422 people, but he advises me that those numbers are five years old and that there are likely more than 200,000 people living in his constituency.

More significantly, 53% of those, according to the member, are visible minorities. This creates some really distinct problems when we try to represent both that number of people and that number of visible minorities.

As I know from representing the good people of Edmonton—St. Albert, the majority of what we refer to as “casework” is immigration work on behalf of individuals attempting to get visas for their relatives or to expedite their path to citizenship. I represent a relatively homogenous riding in Alberta, but casework still takes up probably close to 70% of the files that come to my office from constituents needing my assistance, so I cannot imagine the workload for a member like the member for Brampton West, who represents, according to him, 200,000 people, half of whom are visible minorities.

The bill tends to remedy those deficiencies by working toward representation by population, although admittedly not achieving it in any perfect form.

Under the new formula, the calculation would give Ontario 15 additional seats, British Columbia six additional seats and my province, Alberta, six additional seats. Because of Quebec's unique status within Confederation, Quebec would be provided with three additional seats to allow its representation to be comparable to what it is currently.

This is a great attempt at moving toward representation by population.

I want to share an anecdote, because I have some experience in this matter.

I know the members of the Liberal Party are advocating that provinces such as mine be awarded extra seats but that the size of the House not be increased. We were faced with a very similar problem in Alberta about eight years ago, when I was the MLA for Edmonton-Calder. We had a comparable situation in that the city of Calgary was growing very quickly; the city of Edmonton was growing, but slowly; and rural Alberta was either staying constant or, in some parts, actually getting smaller. As a result, the people of Calgary were under-represented in the provincial legislature, and we had to wrestle with this very same issue.

Ultimately the decision we made was similar to what the Liberals are currently proposing federally: the provincial legislature would stay at 83 seats, but to accommodate that, we would take two seats away from rural Alberta and one away from Edmonton and give those three seats to Calgary. I know the member for Crowfoot remembers that situation.

The outcry, which ought to have been predictable, was loud. The citizens of Edmonton would not and did not accept that one of their members of the Legislative Assembly of Alberta would be taken out of play and that they would have one less representative. They felt disenfranchised.

They spoke loudly, first through letters to the editor. Editorialists wrote that the MLAs for Edmonton were not standing up for Edmonton. They subsequently spoke in the next election about their dissatisfaction. Of course, that was not the only issue, but they were certainly dissatisfied with the loss of a member of the legislature.

I say to my friends opposite who advocate keeping this House at the same size by reducing the number of members from certain provinces that the citizens of those provinces will not accept it. They will argue, and argue correctly, that they have been disenfranchised, that they have lost membership in this House and that they care about representation. They will be upset.

This formula, which expands this House marginally, would allow for more representation for faster-growing provinces such as mine, Ontario and British Columbia, but it would not take away seats from any province. Therefore, it is a good compromise and a step toward representation by population, which is a fundamental concept of our democracy and needs to be preserved.

Fair Representation ActGovernment Orders

December 9th, 2011 / 12:15 p.m.
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NDP

Tarik Brahmi NDP Saint-Jean, QC

Madam Speaker, I would like to speak today about Bill C-20.

Many things have been said about how the regions must be represented fairly. In order to emphasize the inconsistency of Bill C-20, the bill presented today by the government, I would like to focus on a case that has not been discussed very much to this point, and that is the case of Prince Edward Island.

Four of the 308 members of the House currently represent Prince Edward Island, when really the province should have just one representative. If we can abandon the purely mathematical approach that would have us divide the number of inhabitants by an electoral quotient in the specific case of Prince Edward Island, why can we not do the same for Quebec?

If this dead-simple and rather mean mathematical approach that would have us divide the population by an electoral quotient were used, the entire province of Prince Edward Island would have only one member of Parliament. The principle that we have accepted is the result of the Senate floor clause—one of the clauses that allows a province to have a different number of representatives than it would if the number were determined based solely on mathematical calculations—and it must also be applied to other specific cases. Quebec is one of them since Quebeckers are one of the three founding peoples of Canada. If we want to respect the spirit that prevailed when Canada was created, Quebec must be allowed to maintain its political weight in the House.

Prince Edward Island has a population of 135,000 people, and it has four members of Parliament. Some ridings in provinces like Ontario, British Columbia and Alberta have 125,000 constituents. When we compare these numbers, we see that, on one hand, we have 125,000 constituents being represented by one member and, on the other, we have 135,000 constituents being represented by four members. This is not a purely mathematical calculation. On the contrary, in keeping with the spirit that prevailed when Canada was created, this country's culture includes the principle of fair representation, not just in the mathematical sense but also in terms of economic, geographic and historic realities.

If we accept the Senate floor clause—even though the NDP is far from a strong supporter of a Canadian Senate—we must keep in mind that Canada is a very big country with historic, geographic and social specificities, since it has more than one founding people. We must therefore not apply a purely mathematical approach. To my knowledge, when the Conservative government introduced this bill, it never questioned the over-representation of Prince Edward Island.

There is a well-known saying that what's sauce for the goose is sauce for the gander. Either we are consistent and apply a mathematical formula, in which case Prince Edward Island would have only one member, or we accept the fact that representation will not be purely mathematical, but will have some significance, in which case special dispensation must be applied.

Special dispensation also applies to the territories. We have three territories that each have an MP, although if we used a mathematical formula, those three territories would likely be lumped together and represented by a single MP. So another exception is being made there.

The NDP is saying we should maintain the 24.35% for Quebec. Doing so would indeed depart from the mathematical formula and pure accounting principles, but this special dispensation embodies the unique nature of each part of the Canadian population, the people that make up this great democracy, this great historic and political space that is Canada today. It is because of these special dispensations that some provinces are overrepresented and others are underrepresented right now.

What is the NDP's position? We want more seats for those provinces that are growing rapidly, but we also want more seats for Quebec in order to maintain the 24.35%.

The results on May 2, 2011, gave us a historic opportunity to show Quebeckers that they are welcome in the great Canadian family. This is a historic moment that has probably been underestimated. It is hard to see it because it is happening right now before our eyes. When historians look back at this time, they will understand its significance and its importance. It is a historic moment that has given hope to the most skeptical Quebeckers, those who were the most reticent about the Canadian federation. Today, we must welcome them into the great Canadian family with a non-partisan bill, as the government is proposing, and a bill that sends a clear message to skeptical Quebeckers that we want to welcome them into the great federal family.

I would like to commend the work of the hon. member for Compton—Stanstead. In introducing his Bill C-312, he did in fact take into account the special sensibilities of Quebeckers. Today, as it will in the future, his bill is reaching out to the most skeptical and the most fearful to let them know that they are welcome.

Our bill will make changes to improve the representation of the provinces that are currently under-represented—Ontario, British Columbia and Alberta—but it will also maintain the weight of Quebec and the nation formed by Quebeckers in this House, as stated in the 2006 motion, which, I remind hon. members, was adopted unanimously by this House.

I will stop there because I think the case of Prince Edward Island is a prime example of why there must be exceptions to purely accounting rules. I am available to answer any questions.

The House resumed consideration of Bill C-20, An Act to amend the Constitution Act, 1867, the Electoral Boundaries Readjustment Act and the Canada Elections Act, as reported (without amendment) from the committee, and of the motions in Group No. 1.

Fair Representation ActGovernment Orders

December 9th, 2011 / 10:45 a.m.
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Mississauga—Brampton South Ontario

Conservative

Eve Adams ConservativeParliamentary Secretary to the Minister of Veterans Affairs

Mr. Speaker, I am very happy to have the opportunity to speak to Bill C-20, the fair representation act, as it would provide much fairer representation for my home province of Ontario. What the bill addresses is the serious and increasing under-representation of our fastest growing provinces, especially Ontario.

This under-representation is a serious problem that requires an immediate solution. Something must be done. This problem is only going to get worse if we keep the status quo. Happily, we have a solution to fix this problem and a government that is interested in fixing it, not just using the problem to score political points.

Our government is committed to addressing this problem with the fair representation act. Bill C-20 provides a principled update to the formula allocating House of Commons seats that is fair for all provinces. This is an important point. Increasing representation for the faster growing provinces should not be done at the cost of pitting region against region, or Canadian against Canadian. What we have seen from the opposition parties on this issue is quite the opposite. Their proposals, both in their own way, compromise the democratic representation of some Canadians in the name of making political statements.

The NDP, on the one hand, would guarantee a province a fixed percentage of seats in the House regardless of its share of the population. That is not in keeping with our formula that moves all provinces closer to representation by population. The fact is the NDP proposal would introduce a new factor that would cause further under-representation of the faster growing provinces, like Ontario, provinces that we need to treat more fairly. The change proposed by the NDP is not something this House and our Parliament can do on its own.

The Liberals, on the other hand, present a proposal that would be a recipe for provincial anger and conflict. The Liberals propose taking seats away from the smaller, slower growing provinces and giving those seats to the larger, faster growing provinces.

We make no apologies for addressing the significant and increasing under-representation of ordinary Canadians. Our bill does that, just as we promised it would. We also make no apologies for believing that this problem should not be fixed by inflicting seat losses on other provinces.

Just as we are ensuring that no province can move from being overrepresented to under-represented as a result of this formula, we are also ensuring that no province would lose seats through this formula. That is why we made three distinct promises on House of Commons representation in the last election to ensure that any update to the formula would be fair for all Canadians in all provinces. First, we said we would increase the number of seats now and in the future to better reflect population growth in places like British Columbia, my home province of Ontario, and Alberta. Second, we would protect the number of seats for smaller provinces. Third, we would protect the proportional representation of Quebec according to its population.

We would have to move away from those promises in order to implement either of the opposition parties' proposals. We are not going to do that.

Our government received a very strong mandate in the last federal election to deliver on the commitments we made, and we are doing exactly that with the fair representation act. It is important that these three commitments be taken together. When taken together, the update to the formula allocating House of Commons seats would be fair across the country. The practical result of Bill C-20 is that every single Canadian moves closer to representation by population.

Our first commitment is 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 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 and well into 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, with the largest population, would receive 15 new seats. Historically, we have always been under-represented in the House. I believe my residents deserve equal voice in the House. Alberta would receive six new seats rather than only three. British Columbia would receive six new seats rather than only one. Quebec's representation which will equal its population means that it will receive three new seats.

This is the best formula to move all provinces toward representation by population in a principled manner. This fair representation would have a direct effect on my riding in Mississauga and on the greater Toronto area as a whole. Canadians, especially new Canadians and visible minorities, would be much more fairly represented than they are now. Ontario residents are entitled to fair representation, and the populations of our ridings would be much more manageable.

Our second commitment is that the government will address under-representation in a way that respects the representation of smaller provinces. This is a long-standing commitment of our government and our party. Canadians have given us a strong mandate to deliver in this regard.

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. We have committed to protect the seat counts of the smaller provinces and we will keep that promise.

Finally, our third commitment under the fair representation act also provides that the seat allocation formula would apply a representation rule. If a province becomes under-represented as a result of the application of the updated formula, additional seats would be allocated to that province so that its representation would equal its share of the population. Based on population estimates, Quebec would 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. My colleagues have said that before and I will repeat that again. Quebec would be fairly represented under this bill. That said, the representation rule is nationally applicable and applies equally to every single province in the country that enters the scenario.

This representation rule is a principled measure that ensures smaller and low-growth provinces would not become under-represented in the future. They would maintain representation that is in line with their share of the population. That is fair as well.

In conclusion, this bill, the fair representation act, is the best formula to address the under-representation of Canadians living in Ontario, Alberta and British Columbia without causing undue conflict. It is reasonable. It is principled. It is nationally applicable. Most importantly, it is fair to all Canadians. It will achieve better representation for Canadians living in faster growing provinces while maintaining representation for smaller and slower growing provinces. It is eminently more fair for Ontario. It brings every single Canadian closer to representation by population. It delivers on our government's long-standing commitment to move toward fair representation in the House of Commons.

The fair representation act is principled and reasonable legislation that needs to be passed as quickly as possible. I encourage the opposition to work with us on this important piece of legislation for Ontario and for all Canadians.

Fair Representation ActGovernment Orders

December 9th, 2011 / 10:35 a.m.
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NDP

Andrew Cash NDP Davenport, ON

Mr. Speaker, it is an honour to rise and speak to Bill C-20. As we know, representation and the redistribution of seats is a delicate balancing act. It is a vital exercise in nation building and we need to balance many issues. We need to balance the fact that we have huge northern ridings that are having a hard time—

Fair Representation ActGovernment Orders

December 9th, 2011 / 10:20 a.m.
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Conservative

Ted Opitz Conservative Etobicoke Centre, ON

Mr. Speaker, it is with great pleasure to stand in the House to discuss Bill C-20 today, the fair representation act.

Our government received a strong mandate to move toward representation by population in the House of Commons. As the representative for Etobicoke Centre and a proud Ontarian, I am delighted that the Government of Canada is moving in the right direction to ensure that the under-represented provinces, such as my own, receive the representation that they deserve.

Each and every citizen of this great country deserves to have representation that is fair and balanced. The fair representation act would move every province toward representation by population and, in particular, by reflecting three distinct promises our government made to provide fair representation: first, allocating an increased number of seats now and in the future to better reflect population growth in Ontario, British Columbia and Alberta; second, maintaining the number of seats for smaller provinces; and third, maintaining the proportional representation of Quebec according to its population.

We campaigned on these promises and Canadians voted for a strong, stable, national, majority Conservative government, which is here to deliver on the promises we made to Canadians. We gave our word and the Prime Minister and the government will keep the promises that we made to Canadians.

The representation of the provinces in the House of Commons is readjusted every 10 years using the formula established in section 51 of the Constitution Act. The current formula dates to 1985 and was designed to provide modest increases to the size of the House. While the 1985 formula has been successful in limiting the size of the House of Commons, it has created a representation gap for the faster growing provinces, Ontario, British Columbia and Alberta.

The current formula maintains this serious under-representation and, in fact, will worsen as time passes and as the Canadian population continues to increase.

As an example, well over 60% of Canada's population is, and would continue to be, seriously and increasingly under-represented using the current formula. The combined effect of fixing the divisor at 279, in combination with the existence of the seat guarantees in the Constitution, has prevented Ontario, British Columbia and Alberta from receiving a share of seats that is commensurate with their relative share of the overall population. This is not acceptable and, most to the point, it is not fair. Bill C-20 would address this problem.

The formula in Bill C-20 is principled and is a reasonable update designed to bring those provinces closer to representation by population, while at the same time maintaining the seat count of the slower growing provinces and ensuring that Quebec maintains the level of seats that is proportionate to its population. In fact, the fair representation act brings every province closer to representation by population.

The three large faster growing and under-represented provinces would move closer to fair representation and would be fairly treated in the future. That is then fair. In this way, the foundational principle of representation by population would be much better respected and maintained now and in the future.

Population growth within those provinces has been even higher in large urban and suburban areas. Canada's new and visible minority population is increasing largely through immigration and these immigrants tend to settle in fast-growing communities in our fastest growing provinces. The situation inadvertently causes Canadians in large urban centres, new Canadians and visible minorities to be even more under-represented than is the average.

It is clear that this situation undermines the principle of representation by population in our country and the need for Bill C-20 to become law as soon as possible.

The pragmatic course of action, namely the application of the new formula, would be to add an additional 30 seats to the House of Commons for a total of 338. In terms of the provincial breakdown, Ontario would receive 15 new seats. Alberta would receive 6 new seats and British Columbia would receive 6 new seats. Quebec would receive three new seats as a result of the new representation rule, which would ensure that its seat total does not come under the number of seats proportionate to its population.

Finally, the bill provides an adjustment to the formula in order to account for future increases in population counts following future censuses

For the 2021 and each subsequent readjustment, the bill provides that the electoral quotient would be increased by the simple average of provincial population growth rates since the preceding readjustment.

The serious and increasing under-representation of our faster growing provinces, Ontario first among them, is a serious problem that requires an immediate solution. The Chief Electoral Officer told the procedure and House affairs committee that passing this bill before the new year is the best scenario. We are moving quickly to meet the deadlines we face in the new year to best facilitate the process that will bring these changes into place for Canadians.

In addition to the updated formula for allocating seats, Bill C-20 also proposes amendments to the Electoral Boundaries Readjustment Act that aim to streamline the timelines in the current boundary readjustment process. There will be no change to the timelines relating to the parliamentary phase of the electoral boundary process and, most important, Canadians will continue to have the same opportunity to voice their opinions on boundary changes during public hearings held by the commissions, as the parliamentary secretary said earlier.

The updates to the Electoral Boundaries Readjustment Act follow recommendations made in the past by the procedure and House affairs committee, the Chief Electoral Officer and the Lortie Commission of 1991.

Since the fair representation act was introduced, many of my constituents have rightly demanded to know how much the new seats in Parliament will cost. I will be clear in stating that the annual cost per MP are estimated at approximately $642,000, for a total of $19,281,00 for the 30 new MPs. During each election, there will be a cost of approximately $505,800 per new riding.

Yes, there is an additional investment to be made, and at the end of the day our government's first and top priority is the economy. We remain focused on the mandate that Canadians have given us to secure the economic recovery through a low tax plan for jobs and economic growth.

However, maintaining fair representation costs money and I will not be apologetic over these costs and the benefits they provide Canadians, because this is the cost of democracy and ensuring that all Canadians benefit fairly and uniformly. If nothing is done, Canadians living in the fastest growing provinces will only become more and more under-represented under the status quo. Clearly, this is not fair.

Every Canadian's vote, to the greatest extent possible, should carry equal weight. In my own riding of Etobicoke Centre, along with my colleagues in the greater Toronto area, the need for Bill C-20 could not be greater. Having effective representation is a necessary requirement for a healthy democracy and to ensure the voices of Canadians are heard by their elected officials.

It also enables parliamentarians to effectively serve the people who sent us to the chamber on their behalf. Without Bill C-20, this would become increasingly difficult to achieve.

As I mentioned earlier, urban Canadians are under-represented. This has serious consequences. In Etobicoke Centre, for example, my office deals with an enormous number of immigration case files, social security issues, employment insurance, passport requests and many other government services. By increasing the number of seats in urban areas, Canadians will be better served.

Like all members of Parliament, I have a modest budget and staff to fulfill these responsibilities. Although Bill C-20 comes with a fiduciary commitment, this is money well spent and well regulated. By increasing the number of seats in Ontario, our government is ensuring that Canadian voices are heard and that they are served by their elected officials, as well.

The updated seat allocation formula contained in the fair representation act moves every province toward representation by population. It is a fair, reasonable and principled solution that addresses the unacceptable under-representation of some provinces and fulfills our government's long-standing commitment to move toward fair representation. This bill would ensure that the vote of each Canadian, to the greatest extent possible, has equal weight. It keeps our three commitments to Canadians and delivers fairness.

Fair Representation ActGovernment Orders

December 9th, 2011 / 10:15 a.m.
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Conservative

Tom Lukiwski Conservative Regina—Lumsden—Lake Centre, SK

Mr. Speaker, we are dealing with Bill C-20 today, so I would like to focus my remarks on the bill under discussion. Although I recognize there are other issues of importance to the member opposite and his constituents, we are debating Bill C-20.

I would only point to the matter of urgency. The Chief Electoral Officer has indicated we must get this bill passed quickly because the process of boundaries commissions looking at realigning boundaries will occur regardless of Bill C-20.

Some members of the opposition have suggested that we should wait a bit to investigate, discuss and debate the bill longer. They say that if a year from now, we determine that we want to pass Bill C-20, that will still give the boundaries commissions time to do their work. That is not the case. It would be a duplication of effort because boundaries commissions will start their work in February, whether it is under the status quo or under the new Bill C-20. If we had a situation where Bill C-20 were delayed by a year, the boundaries commissions in each province would have done a year's worth of work. They would then have to go back to square one under the provisions of Bill C-20.

We need to get the bill passed and passed quickly.

Fair Representation ActGovernment Orders

December 9th, 2011 / 10:15 a.m.
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Conservative

Tom Lukiwski Conservative Regina—Lumsden—Lake Centre, SK

Mr. Speaker, I am sure my hon. colleague feels better now that he has had his daily rant.

Let me point out a couple of quick facts. First, we have a couple of constitutional provisions that we must observe: the Senate floor and the grandfather clause.

Second, the Liberal solution is to start picking winners and losers. That is unacceptable to us. I would suggest if the member opposite had done his homework, as I have done, and consulted with premiers of various provinces, he would find this would be unacceptable to the premiers as well.

What we are doing is ensuring that there will be fair representation. No province is to be unduly affected by reducing the number of representatives it has; it is a fact that our population is increasing yearly.

This will be a solution that not only gains the support of the Canadian public but gains the support of all provinces. Under the Liberal plan of taking seats away from provinces, I can guarantee that would start a loud and vocal opposition and would unduly affect government relations between the provinces and the federal government. That is something we do not want.

Our Bill C-20 addresses the matter fairly and accurately.

Fair Representation ActGovernment Orders

December 9th, 2011 / 10:05 a.m.
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Regina—Lumsden—Lake Centre Saskatchewan

Conservative

Tom Lukiwski ConservativeParliamentary Secretary to the Leader of the Government in the House of Commons

Mr. Speaker, it is a pleasure for me to stand in this place and talk about Bill C-20, our government's bill to move towards fairer representation by population in the House of Commons.

When Bill C-20 is passed, hopefully in a few days, it will be a fulfillment of a long-term commitment by our party to try and ensure that we get fairer representation by population in this place. I say “fairer” because I do not think we could ever achieve perfection in terms of population and representation that would be proportional to all provinces and fair to all provinces. In fact, some estimates suggest that if we were to look at exactly fair and accurate representation by population, we would need over 900 members in this place. Clearly that is not acceptable. It is not acceptable to our government and it would not be acceptable to the Canadian public.

However, we have recognized the fact that some of the faster growing provinces, specifically Ontario, British Columbia and Alberta, have been significantly under-represented in this place for many years. That is because the status quo formula that deals with population increases of provinces is flawed. In fact, if we stayed with the status quo, we would see significant under-representation, in those three provinces in particular, from now and into the future. The bill would address that.

We have amended the formula so that now and in the future there would be more accurate estimates of population. The formula would give this government, or the government of the day, the opportunity to increase seats in those provinces that have faster growing populations. That is just a fundamental aspect of democracy. We recognize the fact that a vote in one region of the country should weigh no more than a vote in another region of the country. Unfortunately, currently, that is not the case.

I will give a couple of examples to illustrate what I am saying here.

In my home riding of Regina—Lumsden—Lake Centre, I represent approximately 80,000 constituents. Yet, here in Ontario, there are certain ridings where the member of Parliament represents well over 170,000 constituents. Members can see that one could successfully argue that my vote in the House of Commons weighs more than the vote of a member of Parliament in Ontario who represents over twice as many people.

The formula we have brought forward addresses that inequity. We have amended the formula to increase the number of seats in those faster growing provinces. As such, members of Parliament would have an opportunity to truly reflect the wishes of their constituents. At the same time, we assure this House and the Canadian people that we will not unduly punish those provinces with smaller, slower growing populations.

The formula we have developed considers an average population size by riding, which is approximately 111,000. The formula would see an additional 30 seats introduced to the House of Commons: 15 in Ontario, 6 in British Columbia, 6 in Alberta and 3 in Quebec. This would bring our total in the House of Commons to 338. More importantly, it would ensure that in the three fastest growing provinces by population, Ontario, Alberta and British Columbia, the number of members would more accurately reflect the population, and that population is how we ultimately determine how many members of Parliament serve in this place.

I do not want to dwell too much on the formula. I think that has been debated long and hard over the past weeks. However, I do want to point out that if we do not address this inequity, we will have a situation where the boundaries commissions will start to do their work in February of next year, and start aligning boundaries based on the old population estimates.

We have to pass this legislation now. We have to pass it in this place and get it into the Senate. It has to pass in the Senate before the end of the year because the boundaries commissions need to start their work early next year. The Chief Electoral Officer of Canada has advised us that if we do not get this legislation passed before the end of this year, it could jeopardize the efforts of his office to get new boundaries and new members of Parliament in place before the next election, scheduled for 2015.

There is a sense of urgency here. That is why I am imploring all members of this place to join with us and make sure we get speedy passage of Bill C-20 before we rise for Christmas.

When the boundaries commissions start their work in February of next year, hopefully they will be working with new population estimates provided by Statistics Canada. These estimates would allow them to better determine not only how many more seats may be required in each province, but also where those boundaries would be. This is an important piece of work. We know that there would probably be instances in the three provinces with the faster growing populations where current members of Parliament might end up in a new riding with new boundaries but not even reside in that new riding. This is where we would need interventions from the general public, members of Parliament and all stakeholders. We would need to try and ensure that not only is there fair representation but also that those problems that might occur through boundary redistribution are dealt with.

Each province will have a new boundaries commission assigned, a three member board to deal with the process of establishing new boundaries. I suggest to all members that they actively involve themselves in this process. They will want to ensure that, when boundaries are to be changed in their province, they have an opportunity to speak to the boundaries commission. They would want to ensure that they are not unduly affected by significant boundary realignment. Not that it would be deliberate, but the mere function of adding seats, for example, 15 more seats in Ontario's case, would change boundaries significantly.

In the case of Ontario, where one member of Parliament may be serving over 170,000 constituents, there is a very real possibility that riding would then become two ridings. Depending on where the member of Parliament resides in that riding, he or she could find himself or herself as a sitting member of Parliament, but not in the riding that he or she once had. Therefore, all members should pay particular attention to the process.

I want to point out one other unassailable fact. In Canada, we pride ourselves for being one of the most progressive democracies in the world. We pride ourselves for ensuring that all of our citizens are well represented by their members, whether at the federal, provincial or municipal level. If we do not pass Bill C-20 and deal with the fact that our population is growing rapidly, we will have a situation where our citizens are under-represented and do not have an effective voice in the House of Commons. This is something that we will not allow to happen. That is why Bill C-20 has been brought forward for consideration by the House.

Finally, while Bill C-20 may not be a perfect solution, it is a far better solution than the status quo population by representation legislation. We are trying to ensure that not only do we address the inequities today, but also that we address the inequities as we move forward.

Ten years from now, when we go through the next boundary realignment, the formula that we have introduced in Bill C-20 will ensure that those provinces that have faster growing populations will get the representation they deserve.

The House resumed from December 6 consideration of Bill C-20, An Act to amend the Constitution Act, 1867, the Electoral Boundaries Readjustment Act and the Canada Elections Act, as reported (without amendment) from the committee, and of the motions in Group No. 1.

Business of the HouseOral Questions

December 8th, 2011 / 3:30 p.m.
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York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons

Mr. Speaker, one of the most important things we are looking forward to in the next week or so is the passage of the major priority pieces of legislation we have been advancing this fall, for which we have been seeking to set timetables to ensure they could pass to be in effect for next year. They are our budget implementation act to ensure that important tax measures are in place like a tax credit for job creation and accelerated capital cost allowance to create jobs; our bill to ensure fair representation, to have that in place in time for the redistribution that is going to unfold next year; and in addition to that another bill which again is a time priority, the crime bill, and I do not think we are going to be able to make that objective.

However, we are looking to get those in place and, having done that, we look forward to, in the next 10 days or so, the very first of those bills we have been working on all fall to actually becoming law. That will be a very exciting time for us when we finally achieve Royal Assent, having spent that time.

I should advise members that next week will be free trade and jobs week. We will begin Monday morning with second reading of Bill C-24, the Canada–Panama free trade act. This free trade agreement was signed on May 14, 2010. It is now time for Parliament to put it into effect, so that Canadians can benefit from the jobs and economic growth it will deliver.

It being free trade and jobs week, we will begin second reading debate on Wednesday of another bill to implement a job-creating free trade agreement. In this case, we will discuss Bill C-23, the Canada-Jordan Free Trade Act, which will implement Canada's first free trade agreement with an Arab country.

This will be the last week before the House adjourns for the holidays. And it is with the Christmas spirit in mind that we hope to have the co-operation of all members in making great progress on a number of important bills with a focus on job creation and economic growth.

On Monday, if we are able to pass Bill C-24, the Canada–Panama free trade bill, we would call Bill C-11, the copyright modernization act. Bill C-11 is another bill that would lead to more jobs in Canada, and our world-leading digital and cultural sectors. Earlier this week, the Liberal motion to block further debate on this important bill was defeated in this House. That means we can get back to second reading debate and I would hope that after being debated for over one sitting week, the opposition will finally allow this bill to get to committee.

If we continue to make the progress I am hoping for, we will then call Bill C-14, the Improving Trade Within Canada Act, for further second reading debate. This is a fairly straightforward bill that will benefit the economy by implementing amendments to the Agreement on Internal Trade agreed by the provinces. I expect all parties will allow it to move swiftly to committee.

In addition to passing these job creating bills, on Monday, ideally, we would then call C-26, the citizen's arrest and self-defence act for further debate.

For the balance of free trade and jobs week, we will continue to debate any of those bills which have not yet been referred to committee. We would also look to begin second reading debate on Bill C-28, the financial literacy leader act. This bill will create a new position in the government dedicated to encouraging financial literacy for Canadians.

As for the balance of this week, which is democratic reform week, Bill C-20, the fair representation act, will be debated tomorrow at report stage, further to the motion adopted yesterday. Third reading in the House on this bill will be Tuesday. This will be followed by a vote Tuesday night, a vote that will give all members in this place an opportunity to vote on the important democratic principle of representation by population.

Senate Reform ActGovernment Orders

December 8th, 2011 / 1:40 p.m.
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Liberal

Justin Trudeau Liberal Papineau, QC

Madam Speaker, a couple of days ago in the House we debated the merits of Bill C-20, which was all about rearranging the distribution within the House. The NDP very clearly said Quebec needed to be better represented with even arbitrary limits and that it could not go beneath 24% so that it would be properly recognized.

The one place that Quebec is properly recognized historically is in the Senate, where 24 senators are guaranteed to be from Quebec. It is the place in our parliamentary system where regional interests get to speak most loudly. Quebeckers, whether politicians or public opinion, have repeatedly said that they want to keep the Senate, maybe improve it a bit but keep it, not abolish it.

The fact that the member is speaking about abolition of the Senate, when over half of his caucus is from Quebec, is something I would like him to address. Does he still have the agreement of half of his caucus that abolishing something that is important for Quebeckers is a good thing?

Senate Reform ActGovernment Orders

December 8th, 2011 / 12:45 p.m.
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NDP

Matthew Dubé NDP Chambly—Borduas, QC

Madam Speaker, like my colleagues who rose before me, I am very proud to speak to this bill, which interests me greatly. We care about our democracy, which is what is at stake here today, as my colleague from Winnipeg Centre so eloquently pointed out.

A lot is being said about the purpose of the Senate, and what it seeks to achieve. I was a political science student, so I will take this opportunity to provide an overview of the governing bodies of other nations, particularly the United States. Their experience, as it compares to ours, serves as a justification as to why the Senate must be abolished.

One of the things that the Founding Fathers said about the Senate in the United States was that it was important to have a division in government to protect against the tyranny of the majority. Like us, they have a system where the person with the majority of votes is elected. And yet, we know all too well from our experience here in Canada that there is a percentage of the population that votes for other parties. This is the case in the current Parliament, where 60% of Canadians voted for parties other than the governing party. The principle is, therefore, that with a Senate, the executive—the President, in the case of the United States—and the Supreme Court, it becomes possible to protect against what is known as the tyranny of the majority.

In the United States, they determined that the best way of using the Senate in this instance was to provide regional protection. We are well aware of our history here in Canada and the same principle applies. Essentially, the Senate was created to protect the distinctive features of the regions. Of course, certain provinces are huge, such as Ontario—not necessarily in terms of land mass, but population—contrary to territories or provinces such as Prince Edward Island, which may be smaller, but which, like any other province or territory, are entitled to be democratically protected, in the sense that the opinions of their people are expressed through elected representatives—in an ideal world of course.

The same thing is apparent here. It was true of the United States, where the states, which vary enormously as far as size is concerned—in terms of both population and land mass—each had two senators. And yet the United States learned something far quicker than we did. Unless I am mistaken, it was in the 1950s that the U.S. decided that in order to benefit from this equitable regional representation, and to fulfill the mandate of the Senate, senators had to be elected. The U.S. moved forward by overhauling the constitution, which led to an elected Senate. That was 60 years ago and, of course, we are terrible laggards in this area.

The difference, however, with Canada is that in the United States it was the governors of the states who appointed senators and not the President. The comparison can therefore be drawn with Canada, where the Prime Minister appoints senators, which is very different. How do you achieve regional representation when the Prime Minister of the federal government chooses the senators? It is quite difficult and, in some ways, is a conflict of interest.

So we see that this is the first lesson that has not been learned, and this is something that is still going on today in spite of the intentions of this Prime Minister, who stated that he would never appoint senators. And yet we have people who were defeated in elections who have been appointed to the Senate. This is a huge problem. They are talking about electing senators; they say it will be democratic, that they will respect democracy. It is one thing not to elect senators, but what is worse is to appoint someone whom the public refused to elect. Appointing someone who was not elected is a problem, but it is a more serious problem when the people have said no to those representatives. They have flatly refused to be represented by those individuals, and yet they are appointed nonetheless, and they expect that those individuals will provide the same representation as a person who was elected. That is essentially very illogical logic.

I recall a Liberal member who was just saying that we had a very simplistic position.

I take that as a compliment, because what we are saying is very simple: abolish the Senate. There is nothing complicated about that. There is no point in embarking on debates about very complex bills with huge flaws, like the main flaw that allows the Prime Minister to choose not to appoint elected senators, which is completely contrary to what is supposed to be the nub of this bill. Our position is very simple, and I agree that it is a simplistic proposal, but in the positive sense of the word. It is a solution that will enable us to solve all these problems of patronage and lack of representation, particularly as they relate to the various regions, once and for all.

I also want to talk about a few points that have already been raised by my colleagues, but I want to say more about Bill C-311 in particular, which my colleague from Winnipeg Centre and other colleagues have addressed, and which deals with climate change. We introduced an opposition motion concerning climate change earlier this week. It refers to the withdrawal from Kyoto and this government's lack of vision in that regard. In fact, this House, by a vote of all parties, had passed a bill that was going to strengthen our principles and our fundamental values in that regard, so we could take concrete action on climate change. But that bill was killed by the Senate. The very problematic thing here is that we are not just talking about a bill passed by the House of Commons, a chamber composed of elected representatives, we are also talking about a bill that many ordinary people worked hard to get passed.

I was an activist at the time myself and I worked hard to communicate with members of Parliament about the importance of that bill, and I was by no means alone. People from all across the country worked to make members of Parliament understand the inherent merits of that bill. The organization was very successful because the House passed the bill. The Senate, unfortunately, disregarding the will of the people entirely and with no justification, killed the bill. That is one of the basic problems that Bill C-7, which we have before us today, is not going to solve. The problem will be solved by abolishing the Senate. It is not complicated.

I am going to make an important connection with a debate we had earlier this week on democratic representation. The connection is important because we are talking about democracy again. I am referring to Bill C-20, which deals with redistributing the seats in this House. We know that the Liberal Party's concern was about the costs that would be incurred. But I spoke on the bill and I raised the same point today. Let us talk about reducing costs and about how to pay for that bill so that we can have more democratically elected representation. I repeat once more: it is not complicated. Let us abolish the Senate; we will save millions of dollars that we can use to pay not only for better representation for all provinces, Quebec included, but representation that will take its place in this elected House.

Since I am running out of time, I will conclude my remarks by saying that the Senate was conceived as a way to represent and protect the unique regional features of our country. I can state, specifically as a representative of Quebec, a province that is very aware of the importance of protecting those unique features, such as our language and culture, that I have seen no evidence, especially in recent years, that the Senate is doing its job of protecting that uniqueness. That is one more reason for abolishing it, and one more reason for us, as true elected members of this House, to protect the unique features of our various regions with our actions and our legislation.

Senate Reform ActGovernment Orders

December 8th, 2011 / 11:30 a.m.
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Bloc

Jean-François Fortin Bloc Haute-Gaspésie—La Mitis—Matane—Matapédia, QC

Mr. Speaker, first I would like to say that I am pleased to rise to present the Bloc Québécois's position on Senate reform.

The Prime Minister is definitely single-minded; he is taking another run at it. Under the cover of increasing the Senate's legitimacy, he is proposing two important changes to the Senate: limiting senators' tenure to nine years and allowing them to be elected by the provinces.

Before explaining my party's position, I would like to point out some of the dangers to democracy lurking in this reform bill. First, electing senators is not such an easy business. That is where the reform proposed by the Prime Minister becomes dangerous. According to the bill, the provinces would be responsible for organizing these elections, which means that implementing the bill would depend entirely on the provinces' goodwill. Most provinces are not interested or are downright hostile to this change that is being made without their consent. The Prime Minister has done nothing to win the co-operation of the provinces in this attempt to reform the Senate, and his inflexibility may result, in the end, in the appointment of some senators who are elected and others who are not.

We would end up with a legislative assembly whose democratic legitimacy would vary, unless the Prime Minister decides to leave some seats vacant. No elections in some provinces, elections in others. This would also be detrimental to the representation of certain provinces. There is another problem: the term limits would not apply to senators appointed before 2008, which would create a double standard. Ultimately, if all senators were elected, and in the absence of true reform, the fundamental problem would remain the same.

With the government's proposal, the election of senators would change the balance of power in Parliament and certainly also between the provinces and with Quebec. The Senate has broad powers that it has practically always used with a certain amount of restraint, out of respect for the House of Commons. Once elected, however, it could use its new legitimacy to stand up to MPs. The exception could become the rule, if the membership of the two houses were different.

The Conservatives' bill brushes this danger aside. So the Conservative government is proposing to reform the Senate with Bill C-7 and to reform the House of Commons with Bill C-20, which would weaken Quebec's position within federal political institutions. So it is doublespeak. On the one hand, the government is saying that it wants to prevent political manipulation by appointing senators for partisan reasons. And on the other hand, as we have seen over the past few months and the past few years, the job of senator has increasingly become a political reward given by the Prime Minister largely to his friends. The Senate as an institution is less and less useful to democracy.

The Bloc Québécois is in favour of abolishing the Senate. But let us remember that Quebec's traditional position is that any change to the Senate must be made with the consent of the provinces, especially Quebec. The Canadian Constitution is a federal constitution. There are therefore very good reasons for ensuring that a change in the essential characteristics of the Senate should not be made by Parliament alone, but rather should be subject to a constitutional process involving Quebec and the provinces.

As far back as the late 1970s, the Supreme Court of Canada looked at the power of Parliament to unilaterally change the constitutional provisions dealing with the Senate. In 1980, the court ruled that decisions regarding major changes, like the ones the Conservatives are proposing today, that affect the fundamental features of the Senate cannot be taken unilaterally. Changes to the powers of the Senate—the method of selecting senators, the number of senators to which a province is entitled, or the residency qualifications of senators—can be made only in consultation with Quebec and the provinces. Furthermore, in 2007, Benoît Pelletier, the former Quebec minister of Canadian intergovernmental affairs who is well known in the field, reiterated Quebec's traditional position, and I quote:

The Government of Quebec believes that this institution does not fall exclusively under federal jurisdiction. Given that the Senate is a crucial part of the Canadian federal compromise, it is clear to us that...the Senate can be neither reformed nor abolished without Quebec's consent.

The same day, in the National Assembly of Quebec, a resolution was adopted, a unanimous motion that read as follows:

That the National Assembly of Québec reaffirm to the Federal Government and to the Parliament of Canada that no modification to the Canadian Senate may be carried out without the consent of the Government of Québec and the National Assembly.

With the unanimous support of the National Assembly of Quebec, the Government of Quebec therefore requested the withdrawal and/or suspension of the various bills that had been introduced over time by the Conservative government with a view to Senate reform.

This position by the Government of Quebec is not new. It is an historical position. Following the unilateral patriation of the Constitution in 1982, successive Quebec governments, be they sovereignist or more federalist, all agreed on one basic premise: they did not want to discuss Senate reform before the Meech Lake accord was ratified, as Robert Bourassa said in 1989.

A little later, in 1992, Gil Rémillard said that Quebec's signing of an agreement involving Senate reform would depend on the outcome of negotiations on three important things: the idea of a distinct society, the division of power and limiting the federal spending power.

Finally, on November 7, 2007, the National Assembly of Quebec unanimously adopted the motion I mentioned earlier in my speech.

As for the people of Quebec, a fairly recent poll from March 2010 clearly shows that the majority of Quebeckers do not give any value to the Senate in its current form and that a larger proportion of them are in favour of abolishing it completely.

Here are a few figures to be more specific. Only 8% of respondents from Quebec believe that the Senate plays an important role and that the Senate appointment system works well. In addition, 22% of Quebeckers would prefer to have elected senators, while 43% would like the Senate abolished completely.

Not only is this bill unwanted, but it is undesirable.

For all these reasons, the Bloc Québécois will vote against the bill introduced by the government and, as members know, it would ideally like the Senate abolished.

Senate Reform ActGovernment Orders

December 8th, 2011 / 11:05 a.m.
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Liberal

Massimo Pacetti Liberal Saint-Léonard—Saint-Michel, QC

Mr. Speaker, it is my pleasure to rise today in the House to debate and criticize Bill C-7.

The Liberal Party of Canada has always defended democracy and representation. Therefore we do not object to the democratic goal of Senate reform proposed by Bill C-7, but on the other hand we do object to the constitutional problems, conflicts and injustices which this reform would inevitably bring about. This reform would indeed add some democratic legitimacy to the Senate, but that very legitimacy would bring its own share of problems.

A number of new problems would be created, and basically, for what? To try to solve a democratic deficit problem which in fact has very few real consequences. In its current form, the Senate very rarely blocks bills from the House of Commons. Why? Simply because senators are not elected and the public does not see it as having the legitimacy to block the bills produced by democratically elected members of Parliament. Senate reform would give them that democratic legitimacy, and hence senators would be correct to affirm that they have a clear mandate from Canadians and would begin to block certain bills since they would represent the population on the same footing as MPs.

Let us be realistic: to get elected, senators will have to have ideas, make promises and take positions. So they will have a mandate to defend the positions for which they were elected to the Senate. That also brings with it other problems such as political party financing. It would then be necessary to increase taxpayers’ contributions, because the Senate would have to be included. It would not be just for MPs, but a whole new series of laws would be necessary to govern senators during their election campaigns.

Do we really need disputes between the two chambers? Since 1945, only very rarely has the Senate blocked bills from the House of Commons. With this reform, one can easily imagine an impasse being caused by a Senate most with a majority of members from a certain party as it faces a House of Commons with a majority from another party. In that sort of scenario, blockages would become frequent and do harm to the political dynamics of Canada that make change possible.

Do Canadians really want a political situation in which change is difficult, or do they want quick changes when problems arise? The answer to that question is obvious. With such a reform to the Senate, the political situation in Canada would, at best, become similar to that in the United States. Canadians deserve better. If the Conservatives were serious about this bill, they would propose mechanisms for avoiding blockages in the Senate. Unfortunately, this bill ushers in another problem, which is the current distribution of the Senate.

As I mentioned earlier, an elected Senate would have more power because it would have the legitimacy to be actively involved in debates. This raises a problem of current interest, namely, the distribution of senators across the entire country. For example, today, Alberta and British Columbia have only six senators each, while the province of Prince Edward Island has four and New Brunswick has ten. The demographic situation in Canada has changed a great deal since the time the distribution of Senate seats was established.

If senators had more power, do we really believe that Alberta and British Columbia would accept being seriously under-represented, the way they are now? Changing the allocation of Senate seats would not satisfy all provinces either. So what should we do? Should we take seats away from some provinces or add some more? The Conservatives will probably want to do the same thing they have suggested in Bill C-20, that is, add more senators so that each province feels it has gained something.

Do we really believe those provinces which would lose their relative representation in the Senate would be happy about it?

Let us look at the percentage mentioned in Bill C-20, which suggests adding 30 seats to the current 308. That would mean adding 10 seats in the Senate. However, as there has been no increase in the number of Senate seats since it was established, the Conservatives may want to increase that number from 105 to 500 or so, based on how the country has grown since then. I don't know what they have in mind, but I believe representation will need to change if senators are elected. I do not know whether they will be brave enough to change the allocation of seats in the House of Commons without adding any seats. If not, they will not have the guts to do it in the Senate, either.

Meddling with the Senate will lead to quarrels. Why would the Conservative government want to create more interprovincial conflicts? Although the current situation is unfair to the western provinces, it is not all that problematic since the Senate allows the House of Commons to legislate as it sees fit. As I said earlier, a democratically elected Senate would simply create more barriers. This bill will create interprovincial quarrels and political blockages.

So what would we do to avoid the Senate blocking bills from the House of Commons? We would have to create constitutional mechanisms for resolving disputes. It is highly likely that other elements of this bill will be deemed unconstitutional by the Supreme Court of Canada. For this bill to work, the government would therefore have to reopen the Constitution. We know how difficult a subject the Constitution is. It would be necessary to have the support of at least seven provinces, as has already been said today, representing at least 50% of the population. If we reopen the Constitution, it is highly likely that the provinces will also want something in return for their support.

Take the case of Quebec, for example. I remind you that Quebec has still not signed the 1982 Constitution. Do we seriously think it will be so easy to ask Quebec to close its eyes and sign? As a Quebecker, I would say no.

Would the maritime provinces be in favour of losing their weight in the Senate? I do not think so.

Is the Conservative government prepared to declare today that it will reopen the Constitution if necessary? I very much doubt it.

In short, this bill is probably unconstitutional and, if the government decides to move ahead with it, it will lead to constitutional confrontations.

As my colleagues can see, there are many “ifs” to this bill. It is precisely for that reason that we are opposed to it, for too many problems may arise. If the government were serious about this reform, it would respond to our concerns with amendments and would negotiate with the provinces. At present that is not the case. So there will be quarrels between the provinces, legal challenges and confrontations between the House of Commons and the Senate.

Finally, there is another problem to consider. What do we do if the Prime Minister refuses to recommend an elected senatorial candidate? In fact it is always the Governor General who appoints senators on the recommendation of the prime minister. The Prime Minister never appoints them directly. So a mere bill cannot force the Prime Minister to have a candidate appointed.

In spite of all the problems I have raised, this bill might well make no change apart from the problems I have mentioned. Let us be clear: this government does not even follow the rules when it comes to appointing an Auditor General. Can we believe that it will follow the rules for the Senate?

Like the rest of the Canadian population, we are in favour of democratic representation. But in this case, the reform will only create problems. At the moment the Senate is not democratic, but it lets the elected officials present their bills, and in so doing respects Canadian democracy. Furthermore, we believe that this reform is unconstitutional, and we know for a fact that the Conservative government does not want to reopen the Constitution.

The government must not do half the job: either let it commit to a total reform, including negotiations with the provinces and reopening the Constitution, or let it keep the status quo.

In closing, I want to emphasize the following point. We are not opposed to a democratic reform of the Senate but we are opposed to the way that the Conservatives want to do it.

Senate Reform ActGovernment Orders

December 8th, 2011 / 10:20 a.m.
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Liberal

Scott Simms Liberal Bonavista—Gander—Grand Falls—Windsor, NL

Mr. Speaker, I thank the House and the Speaker for allowing me this time, as well as for allowing the debate regarding the House of sober second thought to move ahead.

Over many years, certainly since the inception of this country, this debate has raged on as to its content, how it proceeds, how it is selected and how it goes about its daily business. It has been debated across the country in many forums, sometimes high profile and other times not so high profile. Nonetheless, there have been several repeated attempts to make it better reflect the opinions and the diversity of this country, not just of persons but also the regions that many of us represent. Therefore, I will go through a brief analysis.

I do not think we thank the people who work in the Library of Parliament enough. However, I am thankful to them and, in particular, Sebastian Spano, who did some background information on this. He brought forward some great points. He also brought forward an historical context with respect to the Senate and, in particular, this bill, the thrust of which proposes two things: that we should limit the duration of time that senators can sit, in this case nine years; as well as allow the participation of the provinces in the selection of senators and, more to the point, in the election of senators, which is a practice that has been done circuitously at best when it comes to the situation.

For instance, we remember the particular appointments of the late Stan Waters, as well as Bert Brown, but they were not direct elections per se. This particular bill hopes to bring a direct election within the confines of the Senate, along with term limits.

The bill is divided into two parts. The authors of the bill, in this case the government and the minister in question, have expressed a desire to initiate a process for constitutional reform leading to an elected Senate “in the near future”, which begs the question whether this opens the door to something else. I assume that it does, given that the origins of the party in power always talk about the triple E Senate, equal, elected and effective, which, in my opinion, refers to two things, being equal and elected. Whether it is effective remains to be seen.

The legislative model would allow voters to select candidates wishing to be considered for appointment to the Senate. It does that on two levels. It does that at provincial elections and municipal elections, which is something I will discuss a little later.

It should be noted that the bill would impose no obligation on the provinces or the territories to establish a selection process. However, the nominees model and framework is set out in the schedule, a lot of which the entire framework is set out in the province of Alberta legislation, which is what the schedule is modelled on.

Bill C-20, An Act to provide for consultations with electors on their preferences for appointments to the Senate, was a past attempt to do this. There were past recent attempts in both the Senate and here. We had Bill S-7 and Bill C-20, which were two ways of doing that, both of which died on the order paper in 2008.

I will trace back to when it all started. Basically six major changes were proposed with respect to how the Senate should react through committees, through the House of Commons, as well as through the Senate. First, in 1887, they proposed a Senate in which half would be appointed by the federal government and the other half would be appointed by the provincial governments. Again, we go back to the appointment process. There was no election involved.

The second time this happened was at the end of the 1960s. In the constitutional conference of 1969, the federal government of the day proposed that senators be selected in part by the federal government and in part by the provincial governments, which is the same sort of situation we had in 1887. As well, the provinces could choose the method of selection of senators, whether by nomination by the provincial governments or with the approval of their legislatures. The difference here is that in the past they wanted to infuse provincial input into this by allowing them to appoint but it never set out the way it was to be done, whether by election or appointment. I am assuming they wanted to do it by appointment of the legislatures so they would choose their own, but we can get the idea.

What they wanted to do, for the most part, for the past 144 years, was bring the provinces into a direct consultation process and a process to directly appoint senators to Parliament.

Third, in 1978, the Government of Canada's proposal for a time for action, as the document was called, a renewed Constitution, which would include a house of the federation that would replace the Senate. How interesting is that? It was probably something similar to what the Council of Europe has in Strasbourg.

Basically, the legislators in their home provinces would come to Ottawa and use the Senate, the upper chamber, as a house of the federation, as it was called. Now that proposal did not last very long. It is did not cause a lot of excitement around here and it did not get a lot of media attention. Nonetheless, it was something that was brave and bold for its time.

Bill C-60 was tabled and received first reading in the House of Commons in 1978. In 1979, the Pépin-Robarts task force on Canadian unity recommended the abolition of the Senate and the establishment of the council of the federation. It moved one step further. The council of the federation was to be composed of provincial delegations led by a person of ministerial rank or by the premier of a province. I suggest that members in this House may want to look at that as a proposal, as an alternative, as in the case of the NDP who want to abolish the Senate. There is something there the NDP may want to consider.

In 1984, the Molgat-Cosgrove Special Joint Committee of the Senate and the House of Commons recommended that senators be directly elected. The Royal Commission on the Economic Union and Development Prospects for Canada recommended that senators be elected in elections held simultaneously with elections to the House of Commons. Therein lies the rub. That is where the direct participation of the provinces is needed, depending on the formula, in particular, seven provinces representing 50% of the population.

That brings us to 1987. I have three words, Meech Lake accord. We all remember that. That was one of the more high-profile attempts at reforming the Senate, a constitutional reform that would have had implications for the method of selecting senators.

With the Meech Lake accord, once a vacancy occurred in the Senate, the provincial government of the province in which the vacancy existed could submit a list of nominees for potential appointments to the Senate. It was somewhat circuitous in the way it went about its business. The provinces would provide a list of people for the prime minister through the governor general to select. That is a little different but, nonetheless, I do not think it would have put it into the context of allowing the provinces to be directly involved simply because it was more of an advisory role. That brings me to this bill, but I will get to that in a little bit.

In 1992, the Beaudoin-Dobbie Special Joint Committee of the Senate and the House of Commons on a renewed Canada recommended the direct election of senators under a proportional representational system. Therein again lies the participation of the provinces.

Several provinces have enacted their own legislation to make way for this type of procedure where they would be involved in electing senators to the Senate. We know about Alberta. It enacted a senatorial selection act in 1989 which set out the guidelines by which they could do that.

In 1990, British Columbia enacted a senatorial selection act as well, which mirrors the counterpart in Alberta, and it did lapse by the way, but it has been reported in recent media accounts that British Columbia may revive this type of legislation.

In 2009, Saskatchewan passed the Senate nominee election act, which received royal assent but has not been proclaimed into force yet.

In Manitoba, there is the special committee on Senate reform. Manitoba took a different track. In November 2009, it proposed an election process for selecting Senate nominees to be administered by Elections Canada and to be paid for by the federal government. Manitoba went in a different way, which tied it a little more directly into the federal system, certainly with Elections Canada, and proposed that the federal government would look after it. As my hon. colleague from Manitoba points out, it was put forward by Gary Doer of the former NDP government.

Proposals for reforming Senate tenure, again from 1867 to 1985, I mentioned the Molgat-McGuigan committee and others. There were several guiding principles involved, which brings me to the point I am trying to make here when it comes to Senate reform. This is why this particular bill could find itself in trouble.

A few years back a former premier of Newfoundland and Labrador, Danny Williams, made a representation by saying that this cannot be done without the provinces. I think he was right and here is why.

In a judgment delivered in 1980, the court articulated a number of guiding principles in the British North America Act and the Senate. It said, basically, that in many ways we cannot change the spirit of the legislation because of the effect of direct election to the Senate. It said that what we would end up doing is changing the very thrust of the way the Senate operates. However, in this particular case, the Conservatives will convince themselves that it is not direct, but it is, thanks to clause 3, which states that the Prime Minister must consider this.

Bill C-20—Time Allocation MotionFair Representation ActGovernment Orders

December 7th, 2011 / 4 p.m.
See context

NDP

Alexandre Boulerice NDP Rosemont—La Petite-Patrie, QC

Mr. Speaker, once again today, this Conservative government's behaviour is pathetic. What was once supposed to be an exception is becoming the norm. For the ninth time this fall, the government is limiting time for debate in the House. It is a sign of contempt for parliamentarians, democracy, this institution, our debates and Parliament. The Conservatives are systematically preventing parliamentarians from speaking and debating because they do not want to listen.

They claim that it is urgent. What is urgent is helping people in Attawapiskat, the unemployed, people who are losing their jobs and people who are going to food banks on Christmas Eve. Bill C-20 addresses a serious issue that will change this House, but it is not urgent. The government should take time to hold debates and listen to everyone.

Why is this government incapable of moving its bills through the House without limiting debate?

Bill C-20—Time Allocation MotionFair Representation ActGovernment Orders

December 7th, 2011 / 3:50 p.m.
See context

York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons

moved:

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.

Report stageFair Representation ActGovernment Orders

December 6th, 2011 / 5:15 p.m.
See context

Conservative

Joe Daniel Conservative Don Valley East, ON

Madam Speaker, I am happy to have this opportunity to speak about Bill C-20, the fair representation act.

The significant and increasing under-representation of Canadians in the fast growing provinces of Alberta, British Columbia and Ontario is a serious problem that requires an immediate solution. Something must be done. This problem is only going to get worse if we keep the status quo. Our government is committed to addressing this problem with the fair representation act.

Bill C-20 provides a principled update to the formula allocating House of Commons seats that is fair to all provinces. This is an important point. Increasing representation for the faster growing provinces should not be done at the cost of pitting region against region, or even Canadian against Canadian.

That is why we made three distinct promises on House of Commons representation in the last election to ensure that any update to the formula would be fair to all Canadians in all provinces.

First, we would increase the number of seats now and in the future to better reflect the population growth in British Columbia, Ontario and Alberta. Second, we would protect the number of seats for the smaller provinces. Third, we would protect the proportional representation of Quebec according to its population.

Our government received a strong mandate to deliver these commitments. We are doing exactly that with the fair representation act.

It is important that these three commitments be taken together. When taken together, the update to the formula allocating House of Commons seats will be fair across the country.

The practical result of Bill C-20 would be that every single Canadian would move closer to representation by population.

First, I will underline 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. It would maintain the number of seats for slower growing provinces and ensure Quebec's representation is equal to its population.

The electoral quotient for 2011 readjustment will be set at 111,166, reflecting the average riding population prior to the last seat readjustment in 2001, increased by the simple average of provincial population growth rates.

For the 2021 readjustment and each subsequent readjustment, the electoral quotient will be increased by the simple average of provincial population growth rates since the preceding readjustment.

What is important is that the electoral quotient is not static. Under the status quo formula, the electoral quotient was set and did not move to accommodate population growth. This contributed to the faster growing provinces becoming increasingly and significantly under-represented.

Population growth within those provinces has been even higher in large urban and suburban areas. Canada's new and visible minority population is increasing, largely through immigration. These immigrants tend to settle in fast growing ridings such as mine of Don Valley East.

These three factors, high immigration to fast growing regions of the fastest growing provinces, combine to magnify the representation gap of these areas. This situation inadvertently causes Canadians in large urban centres, new Canadians and visible minorities to be even more under-represented than the average.

It is clear for all to see that this situation undermines the principle of representation by population in our country.

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 now and in the future. The practical effect is that Ontario, Quebec, British Columbia and Alberta will be entitled to new seats under the fair representation act.

This is the best formula to move all provinces toward representation by population in a principled manner without creating divisions between regions by increasing representation in high growth areas and by taking it away from Canadians in other parts of the country.

Second, I would note that our government is addressing under-representation in a way that respects the representation of smaller provinces. This is a long-standing commitment of our government and our party. Canadians have given us a strong mandate to deliver in this regard.

Simply shuffling the deck is not as easy as it sounds. Canadians living in smaller provinces currently benefit from two long-standing constitutional provisions guaranteeing their seat counts. Repealing those guarantees, aside from the practical implications, would mean significant seat losses in Saskatchewan, Manitoba, Quebec, Nova Scotia, and Newfoundland and Labrador.

We make no apology for addressing these significant and increasing under-representations of ordinary Canadians, but this should not be done by picking winners and losers or pitting region against region, Canadian against Canadian.

The fair representation act is fair to all Canadians, not just some provinces. In fact, it is a measured investment that brings every Canadian closer to representation by population.

Finally, the fair representation act also provides that the seat allocation formula apply as in the representation rule. If provinces become under-represented as a result of the application of the updated formula, additional seats would be allocated to that province so that its representation would equal its share of the population.

Based on population estimates, Quebec would 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 population and would have 23% of the provincial seats in the House of Commons, though the representation rule is nationally applied and applies to all provinces that enter this scenario.

The representation rule is a principled measure and ensures that smaller and slow growth provinces do not become under-represented in the future, that they will maintain representation that is in line with their share of the population, and this is fair. The serious and increasing under-representation of our faster growing provinces, Ontario among them, is a serious problem that requires an immediate solution.

The Chief Electoral Officer told the procedures and House affairs committee that passing this bill before the new year is the best scenario. That is why we are moving quickly to meet the deadlines we face in the new year to best facilitate the process that will bring these changes into place for Canadians. We will ensure parity for Canadians and it will avoid needless and costly repetition by an independent boundary commission set up to draw these new boundaries.

In conclusion, this bill, the fair representation act, is the best formula to address the under-representation of Canadians living in Alberta, British Columbia and Ontario without picking winners and losers, pitting Canadians against Canadians or region against region. It is reasonable, principled, nationally applicable and fair to all Canadians. It would achieve better representation for Canadians living in fast-growing provinces while maintaining representation for smaller and slower growing provinces.

It would bring every Canadian closer to representation by population. It delivers on the government's long-standing commitment to move toward fairer representation in the House of Commons. I note that Parliament has the authority to pass this amendment under section 44 of the Constitution Act of 1982. This was the same authority used to pass the current formula in 1995, which was subsequently upheld as constitutional by the British Columbia Court of Appeal.

The fair representation act is principled, reasonable legislation that needs to be passed as quickly as possible. I encourage the opposition to work with us on this important legislation.

Bill C-20—Notice of time allocation motionFair Representation ActGovernment Orders

December 6th, 2011 / 5:15 p.m.
See context

York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons

Madam Speaker, Bill C-20, which is currently being debated, moves every province closer to the principle of representation by population but the fair representation act needs to be passed soon in order for this decade's redistribution, which starts in early February, to use the fair updated formula outlined in the bill.

Therefore, I wanted to provide the following notice: I must advise that agreement has not been reached under the provisions of Standing Orders 78(1) or 78(2), concerning the proceedings at report stage and the third reading of Bill C-20, An Act to amend the Constitution Act, 1867, the Electoral Boundaries Readjustment Act and the Canada Elections Act. 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 those stages.

Fair Representation ActGovernment Orders

December 6th, 2011 / 5 p.m.
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Conservative

Harold Albrecht Conservative Kitchener—Conestoga, ON

Madam Speaker, I rise today to express my support for Bill C-20, the fair representation act. Representation by population is at the heart of our democratic traditions. Our role as parliamentarians in this regard should be and must be to do our best to ensure that the makeup and weighting of the House reflects that of this great country.

We face challenges in this regard. The Constitution and precedents both present barriers to achieving perfect representation by population. Bill C-20 addresses this challenge through that most Canadian tradition: accommodation. Changes in Bill C-20 would allow the representation from our fastest-growing provinces of British Columbia, Alberta and Ontario to better reflect their growing populations.

At the same time, Bill C-20 would ensure that our smaller provinces maintain their number of seats in the House. I cannot imagine the citizens of Manitoba, Saskatchewan or New Brunswick, for example, being eager to have fewer representatives in the House of Commons than they have presently. In fact, Bill C-20 would bring every province in Confederation closer to representation by population. It amazes me that there are some hon. members in the House willing to speak against the fair representation act. Why would they insist that we maintain the current unfair system or, in fact, actually make it worse with some of their proposals?

As a member from Ontario, I am obviously concerned that citizens whom I am so privileged to represent receive fair representation in the House. I am privileged to represent more than 129,000 Canadians in the great riding of Kitchener—Conestoga and I consider it a privilege to exercise my responsibilities as a member of Parliament. It is an honour to be their voice in this chamber, where discussions take place on some very important issues. Decisions are made every week when we vote on matters that will not only impact the current citizens of my riding but their children, grandchildren and great grandchildren.

When I vote on these important issues, my vote in the House is worth no more and no less than that of the hon. member for Malpeque. In spite of my NDP colleague's assertion, Conservatives do love Prince Edward Island. In fact, we on this side have a great member of Parliament from that province. In fact, she is the Minister of National Revenue. However, when the House considers items of business, whether it be putting an end to the monopoly of the Wheat Board, restoring balance to our justice system, or ending the ineffective long gun registry, my vote in the House is worth no more and no less than the member for Malpeque. That is how it should be. No hon. member's vote should be placed above another's. However, this does raise questions.

In the last election, on May 2 of this year, almost 29,000 Canadians chose to entrust me with their vote. I participate in the important business in the House, thanks to the trust of almost 29,000 individual voters. That is more than the total ballots cast for all candidates in the riding of Malpeque during the same election. Does it follow, therefore, that the citizens of Kitchener—Conestoga are worth less than those of Malpeque? I hope not.

I recognize that Bill C-20 will not address this inequity entirely. Ontario will still remain under-represented, while other provinces will continue to be overrepresented. Again, I come back to that word “accommodation”. Because of our principled and reasonable accommodation, real progress is being made toward fair representation. Bill C-20 would not make the mistakes inherent in the proposals emerging from our opposition parties. The fair representation act would move Canada closer to representation by population instead of making the imbalance worse, as proposed by the official opposition. The fair representation act would not pit one province against another or pick winners and losers, as proposed by the third party in the House.

I will also note that while this government has worked through three Parliaments to make Canada's representation more fair, the opposition's proposals came as surprises not only to members of the House but to Canadians who supported them in the last election. By contrast, neither the New Democrats nor the third party made even a token attempt to address this challenge in their platforms, despite the fact that they were well aware of it. We cannot dream up systems of fair democratic representation on the fly. These matters are far too important to try to develop a plan on the back of an envelope.

Bill C-20 delivers on our government's long-standing commitment to move the House towards fair representation. We campaigned on these promises. Canadians voted for a strong, stable, national, Conservative majority government. We received a strong mandate. With this bill, we would move the House of Commons toward fair representation for all Canadians. We are delivering on our commitments.

The fair representation act would add 30 seats to the House of Commons, for a total of 338 seats. Ontario would receive 15, Alberta and British Columbia would each receive six, and Quebec would receive three new seats. More importantly, the bill provides an adjustment to the formula in order to account for future increases in population following future censuses. In other words, the makeup of this House would more accurately reflect where Canadians live, thanks to Bill C-20. Population changes would no longer badly distort our representation.

I too serve on the procedure and House affairs committee that studied this legislation. I was there when the Chief Electoral Officer explained the needless cost taxpayers would bear if the bill is not quickly implemented. The Electoral Boundaries Commission needs to start its work in February of 2012. That is in just two months. If it is to do its job properly and not needlessly duplicate a lot of work, it needs the final seat allocation formula in place by February. On February 8, the process begins when the chief statistician sends the census return to the Chief Electoral Officer.

We promised to reintroduce legislation to restore fair representation in the House of Commons. We promised to allocate an increased number of seats now and in the future to better reflect population growth in Ontario, British Columbia and Alberta. We promised to maintain the number of seats for the smaller provinces. Finally, we promised to maintain the proportional representation of Quebec according to its population. With Bill C-20, we would honour those commitments.

With the status quo, over 60% of Canada's population is, and would continue to be, seriously and increasingly under-represented. This bill, the fair representation act, brings every single province closer to representation by population.

I really do hope that all members of the House will support this bill. It addresses many of the inequities that exist and restores the principle of fair representation for all Canadians.

Fair Representation ActGovernment Orders

December 6th, 2011 / 4:50 p.m.
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NDP

Alexandrine Latendresse NDP Louis-Saint-Laurent, QC

Madam Speaker, today, the government is putting back on the table one of the most contentious issues in Canadian history, namely the representation of communities of interests in our democratic institutions.

Since this morning, we keep hearing “Quebec”, “Quebec”, “Quebec”. The government introduced a bill to achieve better representation for some provinces that are deemed to be underrepresented. Then what happens? We immediately hear talk from all sides about “Quebec”, “the Quebec nation” and “Quebec's political weight”. Members rise and say some kind words about us.

But that is not all. Those are not the only words that are constantly being repeated today. Prince Edward Island—which everyone usually loves—has probably never before been the subject of such interest in this House. It is almost being demonized because of its four seats. There is almost a temptation to deprive the province of those seats. The message is “Prince Edward Island is bad because it is overrepresented and is destroying our dream of fair representation”. It would be so simple and convenient if we could reduce Canada's population to a simple equation. But, “heck, Prince Edward Island has four seats”. I am sorry, dear friends, dear Islanders, we really love you, so do not take it personally.

On a more candid note, we should take a moment to reflect on the comical aspect of our debate. In our day-to-day lives, we do not commonly say that Prince Edward Island's seats are protected by the senatorial clause. It is a good thing we understand each other, because an outsider listening to us would be completely lost. On a more serious note, this bill primarily seeks to change the number of members for Alberta, British Columbia and Ontario. However, these provinces have barely been mentioned since the beginning of the debate. There is also very little being said about the fact that the overpopulation problem in some ridings is largely due to the electoral boundaries within the provinces.

What is most important to us is to recognize the specificity of certain elements of our country. We can certainly try to ensure that each vote in Canada has more or less the same value, but if we look at such basic features as the geographical and cultural structure of our country, it becomes clear that that would be utopian.

This problem is illustrated by a number of factors. Each territory has one seat in the House of Commons. Their contribution to the Canadian federation is undeniable, despite the fact that their population is significantly lower than the average for Canadian ridings. Does this mean that the territories should be deprived of their lone seat in this House? Of course not.

Just as a resident of the Northwest Territories is different from a Yukon resident, a Yukon resident is different from a British Columbia resident. In my opinion, we are doing justice to the richness of Canada's diversity by making this concession and compromise. We want to reflect this difference in a spirit of respectful nation building. These compromises are connected to a long history, and to view the reallocation of seats in the House of Commons as a mere cold calculation is to deny that rich history.

This is a Nordic country, but the NDP is fighting with integrity, passion and warmth for a united Canada. To succeed in that, we have to take off our little rose-coloured glasses that see this great country as a homogeneous whole, identical throughout. That is too simplistic a vision. We are told over and over that this bill is equitable, that it is fair. But I would like to come back to an interesting point made by my colleague, the very eloquent member for Hamilton Centre, when he asked the Conservative government what this fairness is. He is correct, there are several ways of looking at it. That is the fundamental difference between the government’s Bill C-20 and the New Democratic Party’s Bill C-312.

What does this discussion tell us above all? First, the idea of representation is an ideal that can never be completely attained. Any attempt to approach it is bound to end in compromise. But Canada loves compromises. Compromise is the basis of all of our political realities. If Jacques Cartier had been able to foresee the path that the history of this country would take, perhaps instead of the word “Kanata” he would have chosen the Mohawk word for compromise: Ahsén :nen niió :re iahà :thne tsi ia 'teiorihwaientà : 'on.

Second, under-representation of the provinces is itself bound to end in compromise. In theory, in a united Canada, we should not need to divide up the electoral map interminably. According to what we have heard since this morning in the House, there is only one instance of under-representation in this Parliament: the under-representation of the Quebec nation, because for it, this is a matter of survival. All the noblest efforts notwithstanding, the Quebec nation does not feel completely comfortable. It is prepared for an argument whenever there is a proposal to shake up the status quo. One need not be a Quebecker to understand that.

I am not asking anyone here for declarations of unconditional love for Quebec and its culture. What I would like to add immediately is that I consider it to be somewhat irresponsible to perpetuate Quebec’s discomfort by introducing insensitive bills. But we must forgive the government. The Meech Lake and Charlottetown accords go back much further than the creation of the Conservative Party. Forgive them, they know not. They are wed to the ideal of fair representation. Good intentions are constitutional, I imagine. The conclusion I draw from these various points is this: fair representation and the justifications for it are fluid concepts.

We can talk about them interminably, or until Prince Edward Island has five seats, because whatever the government says, what it is doing is this: it is adopting a unique logical position and defending it. I say unique because the logic is inherent to a closed system. The starting proposition is completely made up. We are floating in the gases of a great cosmic nebula here. All of the positions are good in theory. But within this nebula there is one constant: the core of a star that exploded in the night of our history and burns in the firmament of our country: the Quebec nation. It is the solid core buried in the nebula. Without Quebec, there would not even be a discussion. Everything would be clear. Once again, we are approaching the limits of compromise.

The NDP is simply proposing that Quebec’s political weight within the Canadian confederation be preserved. That is what Quebec wants. The National Assembly has called for that unanimously.

Please understand that I am not saying that giving Alberta, Ontario, and British Columbia more seats is unwarranted. Not at all. If these provinces feel under-represented, we would encourage them to fight for what is their due. The NDP acknowledges that they are right and that the current situation must be addressed. What I am trying to say here is that these three provinces do not form distinct nations like Quebec and that the urgency of their situation is of a purely administrative nature. For Quebec, our very existence is at stake. I think that this difference needs to be acknowledged.

This Parliament has made fine and noble efforts to accommodate the Quebec nation in the past. Quebec gave the NDP a strong and clear mandate to represent it in the House. That is what we are doing. Quebec wants to maintain its political weight, which is reasonable.

A civilization that compromises is in a difficult position. Being able to serve the interests of the second-biggest country in the world while trying to accommodate everyone to the greatest extent possible is hard. That is the way things have been since 1867. This Conservative government will not be an exception to the rule, and it knows it.

For the time being, “compromise” is a word that this government does not seem to be able to utter. Without compromise, this country is but a chimera. If compromise is not sought, this country will no longer exist. Every Canadian knows this.

The NDP wishes to support this government in its decision to restore greater fairness in representation. That is the government’s initiative, and we have listened to it. I am fortunate enough to sit on the Standing Committee on Procedure and House Affairs, where we have heard various witnesses explain the pros and cons of the new formula, the figures on population that are to be used, and the time allocated to the various stages of the readjustment of electoral boundaries. As a result, we are calling for Quebec’s political weight to be maintained.

We are being asked for figures, figures, and more figures. How many seats would Quebec obtain under the scenario proposed by the NDP? Everything depends on the circumstances.

Why blame the party that is calling for temperance and harmony and not the party that always gives grudgingly? Take that, and you take that, and you over there take that. Moving on. We are talking about balanced representation in the House and not pieces of a pie. If we ended up somehow altering the perception of legitimacy associated with the House by acting too hastily, it would be a very serious matter. And yet, that is what the Conservative government's measures are more or less doing. The reform has a number of defects. There is a lot of noise being made, seats are being handed out willy-nilly, a fortune is being paid to make up lists of possible candidates for the Senate, and there is a lot of waving about of hands, but at the end of the day, not much is being achieved. Nothing is being done to address the deep-rooted and fundamental problems with our democratic institutions. If Quebec is robbed of even a scrap of political weight now, it will be a case of give them an inch and they will take a mile. This is not paranoia. One single department represents one of the founding peoples of Canada. If we want fair representation, we could start with that.

In closing, these initiatives in the area of democratic reform only improve our democracy in an almost accidental way. They leave the country in turmoil. They further alienate voters. And they add to Canadians' feeling of powerlessness when it comes to their democracy.

Our political party embraces this country's diversity and does not try to smooth it out. That is why I am going to support the bill introduced by my colleague from Compton—Stanstead and not the government's bill.

Fair Representation ActGovernment Orders

December 6th, 2011 / 4:30 p.m.
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Conservative

Blake Richards Conservative Wild Rose, AB

Madam Speaker, I am pleased to speak to this bill, the fair representation act.

Representation by population was the guiding principle in determining the allocation of seats in the House of Commons at the time of Confederation, but over time the representation formula used to readjust seats based on population changes has actually served to penalize some of Canada's fastest growing regions.

We have especially noted the disparity in my home province of Alberta, where an average federal riding contains some 27,000 more constituents than ridings in most other provinces. In my riding of Wild Rose, I am proud to represent people who live in 28 different communities, a municipal district, three counties, an improvement district in Banff National Park, and two first nations reserves. Those people are all spread out across a big and beautiful 28,000 square kilometre constituency.

As of the 2006 census, our riding was home to more than 116,000 people, but with the explosive growth that we have seen since then, the estimate that we have currently of my riding's population is somewhere in the neighbourhood of about 135,000. If we compare that to some ridings in other parts of the country, we see where the differences are.

For example, looking at the province of P.E.I., it has about the same population of 135,000 as my constituency does, yet there are four members of Parliament to represent them. Voters in Wild Rose have one MP to represent nearly the same number of people that those in P.E.I. have four MPs to represent. I would like to believe that I am as valuable as four MPs, but I will probably have to settle with knowing that I represent the same number of people as the four other MPs.

In all seriousness, in this current state of affairs, one vote in P.E.I. in terms of representation is essentially worth nearly four votes in Alberta. By any measure, that is certainly not fair. However, a constitutionally guaranteed floor of representation for some provinces makes it virtually impossible for the House of Commons to balance its seats in order to reflect strict representation by population. If we were to try, the House would swell to over 900 members. We would be voting from up in the public galleries and spilling out into the foyers, and maybe we could swing a few people from the chandeliers somewhere. That would obviously make for a very cumbersome and expensive Parliament that I suspect very few Canadians would find reasonable or affordable.

Luckily, this hallowed chamber can easily accommodate the 30 new members who will soon take their seats here. On that topic, I will give some interesting trivia. A 1996 study found that the chamber could actually accommodate up to 374 members, if we were to include seating under the side galleries. We are still good for space, and I would like to settle everyone's anxiety in that regard.

Rather than unrealistically expanding the seats in the House as strict representation by population would require, our government is working within the framework of the constitutional realities to deliver on our election commitment to Canadians to move the House of Commons closer to fair representation.

This legislation reflects our government's three distinct promises to provide fair representation by: allocating an increased number of seats, both now and in the future, to better reflect population growth in Ontario, British Columbia and Alberta; maintaining the number of seats for smaller provinces; and maintaining the proportion of representation of Quebec exactly according to its population.

The current representation of the provinces in the House of Commons is readjusted every 10 years using a formula established in section 51 of the Constitution Act, 1867. The current formula dates to 1985 and was redesigned to provide modest increases to the size of the House. While the 1985 formula has been successful in limiting the growth of the House of Commons, it has also created a representation gap for the faster growing provinces of Ontario, British Columbia and Alberta. The fair representation act proposes to address that gap.

Currently, 279 is set as the divisor in determining the average population count per federal seat. As a result, provinces with fast growing populations, like my province of Alberta, are prevented from receiving a fair share of seats because the actual number of members in the House of Commons is now 308. Over 60% of Canada's population is, and would continue to be, seriously under-represented if we were to keep this formula.

The twin problems of fixing the divisor at 279, in combination with existing seat guarantees in the Constitution, have prevented the three fast-growing provinces from receiving a share of seats that is line with their relative share of the population.

However, Bill C-20 addresses that by using Statistics Canada population estimates to determine how many seats each province would receive. Statistics Canada's population estimates are already considered the best data for determining total provincial populations. In fact, those estimates are used to determine the allocation of funding for the federal-provincial equalization program, the Canada health transfer, the Canada social transfer and the territorial formula financing. They are an established way to project populations and to address their needs.

The bill also would adjust the formula to account for future increases in population counts following future censuses. This approach would provide accuracy and certainty on provincial seat numbers.

Therefore, under the terms of Bill C-20, Ontario would receive 15 new seats, rather than only three new seats under the status quo; Alberta would receive six new seats, rather than only three under the current formula; and British Columbia would receive six new seats, rather than only one under the old formula.

I cannot overstate the fact that Canadians living in Ontario, British Columbia and Alberta have become increasingly under-represented in the House of Commons. That is not fair and it is unacceptable in an assembly of equals. A Canadian living in Alberta has as much to say about the future direction that he or she wants his or her country to take as a Canadian living in P.E.I., or any other province, and should have an equal say in our Parliament.

That is why our government is taking this principled approach that would strike a balance between restoring fairer representation for faster growing provinces, while protecting the seat counts of slower growth provinces, as well.

For Alberta, my province, this would mean a stronger voice for a province that is among the fastest growing regions in all of Canada.

We must do this quickly. It seems like just yesterday that Canadians voted to give our Conservative government a strong, stable majority mandate on the basis of our election platform, which, of course, included this commitment to move toward fairer representation in the House of Commons. However, it was not just yesterday. It was actually more than seven months ago. Time has passed quickly and it has a tendency to continue to fly. Another election is not so far away as we might think.

As we must give Elections Canada time to properly establish the new constituencies that would come into being under the bill, with the next representation update already due and to begin in early 2012 following the release of this year's census results, we need to be ready with this legislation passed and the work of the provincial seat counts and boundary redistributions complete in order to have these new seats established and ready to be contested by the time the next election rolls around.

With regard to redistribution, it is important to note that Bill C-20 would also amend the Electoral Boundaries Readjustment Act to streamline the timelines in the current boundary readjustment process. However, there would be no changes to the timelines for the parliamentary phase of the electoral boundary process and Canadians, of course, would have the same opportunity to voice their opinions on boundary changes during public hearings held by the commissions.

Because those important consultations are in place, it is vital that we move quickly to meet the various deadlines that we would face beginning in the new year to most effectively bring these changes into place for Canadians.

We, on this side of the House, invite and encourage our colleagues across the way to join us in making every Canadian's vote, to the greatest extent possible, of course, carry equal weight in the House of Commons. I say this because, with respect, the alternative proposals of the opposition parties fall short in addressing the problem of under-representation.

The Liberals have a proposal that would freeze the House at the current 308 seats, but it would do so by pitting regions of Canada against one another. They would simply shuffle the deck by taking away seats from some provinces to give to others. Given constitutional provisions guaranteeing seats, that proposal is simply not realistic.

The NDP proposal is also problematic. That party wants to guarantee a fixed percentage of seats, now and in the future, to one province, regardless of that province's population. It is proposing special treatment to one province that would not be available to any other. That would undermine the principle of proportional representation upon which Canada was founded and which I referenced earlier. It would lead to far higher seat growth than what Bill C-20 proposes and it would penalize provinces that are already seriously under-represented. That would only serve to kick the problem of under-representation further down the road a ways, and that is certainly not leadership.

Only our Conservative government is taking a balanced approach to this admittedly thorny problem of representation. I would urge all members opposite to support the bill and to work with our government to implement it.

Fair Representation ActGovernment Orders

December 6th, 2011 / 4:25 p.m.
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Conservative

Mark Strahl Conservative Chilliwack—Fraser Canyon, BC

Madam Speaker, I come from British Columbia, as does the hon. member. When I was on the campaign trail the people of British Columbia were concerned about the fact that we are under-represented in this chamber. They certainly will support Bill C-20 and the balanced approach that we take.

The hon. member said a minute ago that perhaps she agreed with the Liberals' proposal, and perhaps we did not need more members of Parliament. However, we have not heard today what the NDP actually has proposed. It has said that it does not like the government's plan and does not really like the Liberals' plan.

What is the NDP's number? What does the NDP want to have as the number of members of Parliament? Is the member prepared to say today that she will be voting against the six additional seats for British Columbia?

Fair Representation ActGovernment Orders

December 6th, 2011 / 4:05 p.m.
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Conservative

Laurie Hawn Conservative Edmonton Centre, AB

Madam Speaker, I am very happy to have this opportunity to speak to Bill C-20, the fair representation act.

Bill C-20 delivers on our government's long-standing commitment to move the House of Commons toward fair representation. We have campaigned on those promises and Canadians voted for us to deliver on that commitment to them.

In addition to jobs and the economy, our government's top priorities, our party committed in the last general election that we would address the representation gap experienced by Canadians in the fast growing provinces of Ontario, British Columbia and Alberta.

We made three distinct promises on House of Commons representation. First, that we would increase the number of seats now and in the future to better reflect population growth in British Columbia, Ontario and Alberta. Second, that we would protect the number of seats for smaller provinces. Third, that we would protect the proportional representation of Quebec according to its population.

Our government received a strong mandate to deliver on these commitments and we are doing exactly that with the fair representation act. Bill C-20 would move every Canadian closer to representation by population.

To start, it is important to revisit the primary motive in bringing this legislation forward. Canadians living in Alberta, British Columbia and Ontario are significantly and increasingly under-represented in relation to their share of Canada's population.

The representation of the provinces in the House of Commons is readjusted every 10 years using a formula established in section 51 of the Constitution Act of 1867. The current formula dates to 1985 and was designed with the purpose of tempering growth in the House.

While the 1985 formula has been successful in limiting the size of the House of Commons, it has created a gap in representation for the faster growing provinces as the representation of those provinces has moved farther and farther away from what their population would warrant.

Well over 60% of Canada's population is and would continue to be seriously and increasingly under-represented using the current formula. The combined effect of fixing the formula divisor at 279, as the current formula does, and the existence of constitutional seat guarantees has left Canadians living in the fastest growing provinces significantly and increasingly under-represented.

As Canada's population grows, their representation will continue to fall relative to their share of the population. Clearly, this is not fair and, clearly, something needs to be done.

The formula in Bill C-20 is principled and is a reasonable update designed to bring those provinces that experience high population growth closer to representation by population.

Strict representation by population would be impossible in the House of Commons without a massive increase in the number of seats. Exact representation by population based on some of the current constitutional guarantees, for example, would require over 900 members in the House of Commons with our existing constitutional guarantees and, clearly, that is not possible.

Bill C-20 is the best formula for bringing fairer representation to the House in a principled manner while maintaining a manageable number of seats in the House and while respecting the long-standing constitutional guarantees protecting the representation of smaller provinces.

In fact, the fair representation act brings every province closer to representation by population. If we look broadly, the practical results of applying the new formula will be to add 30 seats to the House of Commons for a total of 338. The national average riding size will fall from 112,692 to 102,600.

In terms of the provincial breakdown: Ontario would receive 15 seats, Alberta would receive 6 seats and British Columbia would also receive 6 new seats. Quebec would receive three new seats as a result of being the first beneficiary of the representation rule which would ensure that its seat total does not become less than what is proportionate to its population.

Significantly, unlike the formula on the books today, the Bill C-20 formula accounts for population growth and trends. It is flexible and would be able to more accurately reflect population trends over time. Under the status quo formula, the electoral portion was set and did not move to accommodate population growth. This contributed to the faster growing provinces becoming increasing and significantly under-represented.

By introducing a seat allocation formula that is more responsive to population growth and trends, the fair representation act would move the House closer to representation by population both now and in the future, and that is good news for all Canadians.

A further update to the formula is to base the allocation of seats among the provinces on Statistics Canada's population estimates. There is a reason for that. The population estimates provide a more accurate picture of Canada's total population. The chief statistician endorsed this change, and said so when he appeared at the procedure and House affairs committee on November 17. When asked directly whether the population estimates were a more accurate assessment of the population than the census or any other numbers available, he said, “Yes, that is absolutely our view”.

As a member from Alberta, I want to take a moment to underline the significant step toward representation by population that Albertans will take with the bill.

As it stands, the average size of a riding in Alberta is 134,977 people, which is much higher than the national average riding size of 112,692. Is it fair that the democratic voice of Albertans is significantly diminished merely because of the province in which they live? We do not believe that is fair.

Every Canadian's vote, to the greatest extent possible, should carry equal weight. The population growth within those fast-growing provinces has been even higher in larger urban and suburban areas, such as my riding of Edmonton Centre.

Canada's new and visible minority population is increasing largely through immigration and these immigrants tend to settle in fast-growing communities in our fastest-growing provinces.

These three factors, high immigration to fast-growing regions of the fastest-growing provinces, combine to magnify the representation gap for those areas. This situation inadvertently causes Canadians in large urban centres, new Canadians and visible minorities to be even more under-represented than the average. It is clear that this situation undermines the principle of representation by population in our country.

Alberta would get six new seats in the House of Commons. However, without this legislation, Alberta would only receive half as much representation in the upcoming redistribution. With Bill C-20, Alberta would have a share of representation that would be more in line with its share of population.

The average riding size in Alberta would drop to a manageable 111,157 after the next redistribution. For Alberta, the fair representation act means that as the province's population grows over time, Albertans would continue to have a strong voice in Parliament, and this is only fair.

To conclude, the fair representation act is the best formula to address the under-representation of Canadians living in Alberta, British Columbia and Ontario, without pitting Canadian against Canadian and region against region. It is reasonable, it is principled and it is fair for all Canadians. It would 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. It delivers on our government's long-standing commitment to move towards fairer representation in the House of Commons.

The fair representation act is principled. It is reasonable legislation that needs to be passed as quickly as possible. I encourage the opposition to work with us in this regard.

Fair Representation ActGovernment Orders

December 6th, 2011 / 3:20 p.m.
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NDP

Matthew Kellway NDP Beaches—East York, ON

Mr. Speaker, I am pleased to rise today in the House to speak to Bill C-20, An Act to amend the Constitution Act, 1867, the Electoral Boundaries Readjustment Act and the Canada Elections Act.

I recite the full title of this bill with purpose. The reference to our Constitution Act, in particular, serves as a caution to us all. It advises us, implicitly at least, that in consideration of this bill we must tread, if not cautiously then at least with great sensitivity.

I think it is true to say that this bill does not proceed with sufficient sensitivity to the nature of this country. The principle of representation by population is a reasonable and supportable principle. I would acknowledge that it is responsive to some very obvious practical considerations.

I am aware that there are ridings in this country whose populations have increased dramatically owing to immigration and/or urban transformation, in particular suburbanization. All of us in this House are aware of the ongoing challenge of connecting with our constituents, as they deserve, in a meaningful and personal way. I would acknowledge that in some ridings these challenges are greater than in others owing to the distribution of our population. There is, too, the issue of votes in highly populated ridings, in a sense, counting for less than in lesser populated ridings.

However, it is the case with all principles that their application, irrespective of context and specific circumstances, leads to issues and sometimes have a contradictory effect. This bill and its central principle of representation by population is a case in point.

Our country is a strong country. As the last century or so of state building around the world comes under significant challenges, if not simply undone, Canada stands out internationally as a stable and united country. While this is the truth about Canada, we are wise to remember that our history has not been without moments when our future as a country has come into question. That history is a reminder that we must never take for granted our collective existence as a country.

This is an incredibly complex country. I do not think we can overstate how complicated it is. I am not sure, in fact, how fully we have even grasped that complexity. We were born of treaties with first nations. There have been battles within between founding nations. There have been triumphs over greater forces that ensured our sovereignty. Then, just when we think we have a firm grasp on this history, from time to time our history is revisited and revised in a profound way to make better sense of how we came to be and survive as one country.

However, through all of that, our very existence today suggests that this country was built on a solid foundation. If we are to carry on together as one, then it is not enough to know that there is a strong foundation. We must know what that foundation is. We must understand what it is that allows that foundation to carry on supporting a society that is growing and changing, becoming increasingly diverse and enduring irrespective of changes in the global context in which we exist.

These are my thoughts on that foundation. I think that Canada provides, if not perfectly then at least sufficiently, a sense common to or shared by enough of us that we belong together and could not do without one another, or at least that we would not feel whole without the other.

It is not the whole of our foundation, we are much too complex for that, but at the heart of this sense of belonging together is our recognition that Quebec is a nation within this united Canada. This fact, I am so pleased to say, was unanimously recognized by this House just over five years ago.

Herein lies the fundamental flaw of the bill before us. It fails to recognize, reflect and incorporate that truth about Canada. It fails to acknowledge that it is this recognition that is so essential to so many of us feeling that we belong here together. It fails to acknowledge that it is this fact, perhaps in some strange, counterintuitive way, that affirms us as a single country and allows us to endure as a single country.

We are about 33 million individual stories in Canada. Each of us would have our own way of articulating our sense of belonging but I know that critical to millions of us is the recognition of Quebec as a nation within Canada and its inclusion in Canada on that basis. It is not just to the people of Quebec that this matters.

I was born in Quebec, just across the river from this place, to a young francophone mother but I was adopted at an early age and raised in Kingston, Ontario. I call Kingston my hometown. Quebec, I recognize as different and yet it is also a part of me and a part without which I would not be whole. I think the same is true of Canada.

Therefore, this bill must, if we are to be sensitive to the foundation upon which we were built and have endured, recognize Quebec's place in this country. This bill should be an opportunity to continue to reinforce that foundation, to continue to build this country. I think it is the case that countries are not just built once or at least not just once in a way that will allow them to endure. We are too dynamic a society and too interactive a world to set in concrete the foundation that will provide forever a sense of belonging to all. That foundation must be reinforced time and again to ensure that we, with all our diversity and all the pushes and pulls that act upon us, feel like we belong together.

To do so, it is to our benefit to ensure that each province has the number of seats it is entitled to based on its population and the principle of proportionate representation,. However, we can also ensure that Quebec maintains its current weight in the House of Commons at the time that we recognize it as a nation within a united Canada. Bill C-20 fails to do this by reducing Quebec's relative weight in this House. For this reason alone, Bill C-20 requires amendment.

Fair Representation ActGovernment Orders

December 6th, 2011 / 3:10 p.m.
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Conservative

Kyle Seeback Conservative Brampton West, ON

Mr. Speaker, I appreciate the opportunity to once again rise to speak to Bill C-20 the fair representation act. I spoke in support of this bill about a month ago. I will continue to give it my strong support today.

As mentioned in my previous remarks on this bill, my riding is the largest riding in Canada, according to the last census. I am quite confident that the new population figures will confirm that my riding continues to be one of the largest in this country.

I am certainly proud to represent the fine people of Brampton West, and there are many of them. It is striking to see the differences in population between my riding and some others in this country. For instance, the population difference between my riding and the average national riding is large enough to warrant another riding.

The problem that we all face is not strictly about numbers but about principles. Representing as many people as I do is not the problem. The problem is that those people's votes do not carry the same weight as the votes of other Canadians. My constituents are not alone in this.

In fact, it is an odd twist of fate that over 60% of Canada's population now finds itself increasingly under-represented. The votes of over 60% of Canadians are worth increasingly less than the other 40%. My point is not to pit Canadian against Canadian. My point is that the principles behind the formula that make this odd twist of fate are out of step and must be rebalanced to provide fairness for all Canadians. That is something we should try to fix. This bill can fix this issue.

As I remarked last month, Bill C-20 is a fair and reasonable fix to voter under-representation in Canada. We committed in the last election to address this issue and bring forward legislation. This legislation would fulfill that commitment.

We made three distinct promises to Canadians during the last election with respect to fair representation. This bill would live up to every one of those promises. First, we committed to increasing the number of seats now and into the future to reflect the population growth in the faster growing provinces of British Columbia, Ontario and Alberta. Second, we committed to protect the number of seats for smaller provinces. Third, we committed to protect the proportional representation of Quebec. The vote of every Canadian, to the greatest extent possible, should have equal weight in the House. Without the passage of this bill, we will in fact continue to move away from that fairness.

The proposal that has been put forward by the NDP would also continue the current unfairness. Its proposal is to guarantee a fixed percentage of seats now and indefinitely into the future to one province, regardless of that province's population. I do not think that is fair, nor do Canadians think it is fair, to give one province special treatment that is not available to other provinces. We do not even think the proposal by the NDP is constitutional.

The fact is that the NDP proposal violates the principles of proportional representation in our Constitution. It would completely depart from the principle that a province's population should determine its seat count to the greatest extent possible and that, to the greatest extent possible, each province should be represented fairly and proportionally. Even more disappointing is that the NDP proposal would further penalize the provinces, such as my own, that are already seriously and increasingly under-represented. It would ensure that this under-representation continued into the future.

There is no getting around that. Fixing one province's seat percentage at a certain level that is above that province's percentage of Canadian population has the unavoidable result of causing the larger and faster growing provinces to be further under-represented. As I say, this is a disappointing position for the official opposition. It is a bad idea that, even if it were possible, sabotages the very principles that New Democrats purport in their bill. They argue theirs is fair, but it is clearly unfair to all of the other provinces.

The NDP plan would lead to far higher seat growth in the House. While we believe that there is an investment in democracy and in fair representation that needs to be made, that plan goes too far. It is unnecessary and it goes in the wrong direction.

Our bill, on the other hand, is principled. It has a national application for all provinces and it strikes a fair balance. The faster growing provinces need to be treated much more fairly. Failing to provide a fair level of representation to these rapidly growing provinces and regions is to deny, in particular, new Canadians and visible minorities their rightful voice in this chamber.

My riding is home to approximately 55% visible minorities. Their votes are significantly under-represented in this House. The NDP bill would exacerbate that situation. It is just not fair. With our bill we are moving towards much fairer representation for Canadians and for all growing provinces. As the minister has said, Canadians from all backgrounds in all parts of the country expect and deserve fair representation.

We have allowed the House to move too far away from representation by population and that cannot be allowed to continue. We are getting back to fairness with our bill. I encourage all of my colleagues to support this bill, regardless of what party or province they may come from.

The bill, the fair representation act, is a principled update to the formula allocating seats in the House of Commons. It is fair, it is reasonable and it is principled. It will achieve better representation for the faster growing provinces where better representation is so desperately needed. It delivers on our government's long-standing commitments. I am proud to stand in the House today and say that I fully support this legislation.

The House resumed consideration of Bill C-20, An Act to amend the Constitution Act, 1867, the Electoral Boundaries Readjustment Act and the Canada Elections Act, as reported (without amendment) from the committee, and of the motions in Group No. 1.

Motions in AmendmentFair Representation ActGovernment Orders

December 6th, 2011 / 1:45 p.m.
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NDP

Pat Martin NDP Winnipeg Centre, MB

Mr. Speaker, I appreciate this opportunity to join in the debate on Bill C-20 because, members might be interested to know, perhaps even before I got into politics, I was seized with the issue of constitutional reform, as it relates to democratic reform, in my days working as a carpenter. I answered an advertisement in the Globe and Mail back in 1991, I believe, looking for interested Canadians who may want to participate in what was at that time a very bold and unique venture, which was a cross-country consultation with Canadians, to have a discussion, a debate about opening the Constitution to address a number of the irritants, as it were, that threatened the integrity of our Confederation.

As fate would have it, my name was chosen to be one of what they called “ordinary Canadians” who would form a citizen assembly.

Motions in AmendmentFair Representation ActGovernment Orders

December 6th, 2011 / 1:30 p.m.
See context

Conservative

Joe Preston Conservative Elgin—Middlesex—London, ON

Mr. Speaker, I am happy to speak again to Bill C-20, the fair representation act.

I spoke at second reading to the bill, and I gave it my full support. It is a very important bill, not only for my province of Ontario but for the fairness in representation for all Canadians. The minister has spoken eloquently about the need for the bill, and I agree with him wholeheartedly. I would also commend my colleagues who have spoke today during this debate.

As representatives of our constituents, we should have a special interest in the bill. Anyone who has contributed to this debate so far has done so in a constructive manner.

This afternoon I would like to provide the House with some context for report stage debate on the amendments that have been moved or proposed. I do that by sharing some of what has been heard at the procedure and House affairs committee, of which I am honoured to be the chair.

After we heard from the minister who was very helpful at the committee, answering our questions, we heard from the Chief Electoral Officer Marc Mayrand. I note that this morning my colleague from Hamilton Centre thanked the minister for his helpfulness at committee, and I agree with him.

I am happy to hear the sort of collegial remarks that have come from my colleague. We certainly need more of what the member for Hamilton Centre said and how he demonstrated it this morning. In our committee, the member has also been similarly very helpful, reasonable and pleasant to work with. The member is a credit to his party and to the House.

Back to the committee on procedure and House affairs, the Chief Electoral Officer appeared so he could give us his views on how Elections Canada would manage this process, its role in assisting the independent boundaries commissions to do their work and how Elections Canada would handle the new timelines proposed in the bill. He, too, was helpful. Of course that is what the committee strives for, to get the information from those who will end up doing the work.

What was most important was he told us that the passage of the bill before February 8, 2012, when the process is scheduled to begin, was by far the best scenario. That is why we have moved quickly to study the bill and that is why we have made the bill a priority in the House.

By moving quickly to ensure its passage before February, we will avoid having the boundaries commissions repeat their work. This is important from a cost standpoint and also for clarity. Having the boundaries commissions start the work under one formula and then having to stop, change the formula, change the timelines and repeat what they have already been done would be a waste of time and taxpayer money.

Having the boundaries commissions start their considerations on the new electoral map under one set of assumptions only to change them midstream would also muddle this process for Canadians. We want clarity for our constituents. Ensuring the bill is passed and in operation at the beginning of the process will ensure that.

The Chief Electoral Officer was quite clear about that. He was also clear that the new timelines proposed in the bill, on the whole, would help Elections Canada to be fully prepared for the next general election. He did mention that Elections Canada would be working very hard to meet these timelines in the bill, but that it was certainly possible, given it met the same final timeline in the last readjustment.

That is an important point as well. Elections Canada needs sufficient time to prepare for the new boundaries, as do all of the parties, as do Canadians. It is in the best national interest to ensure that we move quickly to ensure everything is in place.

The Chief Electoral Officer also confirmed for us that almost every one of the new timelines proposed in the bill was recommended by his predecessor, Mr. Kingsley, who also appeared at the committee to verify this information. Our committee has and continues to study the reports.

The point has particular relevance today, as the opposition has proposed some amendments to the timelines in the bill. We should put those timeline amendments to the side. The fact is we did not pull these new timelines out of thin air. The operation for the process under the current timelines was examined by the Chief Electoral Officer and the recommendations for change and improvement were made. Our committee has made some similar recommendations in the past, as did the 1991 Lortie Royal Commission report.

These timeline proposals are not new and they have not been brought forward without due consideration or study. In fact, it is quite the opposite. They have been studied and recommended multiple times by multiple bodies over the past 20 years.

I am quite confident that these changes will be positive and will not have the negative side effects about which the opposition has speculated. By its reaction to these proposals, it is almost as though many in the opposition have not read the various reports that the committee has produced. Nor does it seem like they have paid much attention to the recommendations of the Chief Electoral Officer over a number of years.

I can only conclude that the committee will have to find flashier, more interesting ways to engage our colleagues with discussions, studies and recommendations so that in the future they pay attention to some of the reports that have been issued by the committee. I will see what the committee can do to ensure that all of our colleagues are better aware of the good studies and recommendations that exist.

The committee also heard from the chief statistician, Mr. Wayne Smith. At the risk of sounding repetitive, Mr. Smith was also highly helpful and a very thorough witness. The committee's time with him was constructive and very informative. He outlined for us how Statistics Canada's census count and population estimates worked. He outlined their differences and told us about the strengths of each measurement.

Like the Chief Electoral Officer, he was very clear on two very important points.

First, he told us that it was absolutely Statistics Canada's view that the population estimates were a more accurate assessment of the population from province to province than the unadjusted census figures that would be available on February 8, 2012. Due to some statistical and methodological factors, this is the case. Having the chief statistician before the committee may be a fairly dry meeting, but it did get some very good information. There are more accurate province-by-province population numbers in the estimates than there are in the census.

Second, he confirmed that the only data source that was sufficiently accurate for the purposes of drawing the electoral boundaries themselves was in the census. That makes sense, since the census has street-by-street population data. No other data source would be anywhere near as accurate as that. Through the passage of the bill, we will find that we will soon be using the best possible data available for each separate stage of the process. It is only fair that we do the right thing with the information we have been provided. We have the data sources available to use the best data at each stage, so in fact we will do that.

It seems like common sense to me, but the member for Richmond—Arthabaska moved an amendment to remove the population estimates from the bill. I am at a loss to explain why he thinks that is a good idea. I certainly do not think it is a good idea and the committee heard from the chief statistician as to why it was not the right course of action. We think that amendment should be put to the side as well.

To conclude, as the minister and my colleagues have said, the bill fulfills our government's long-standing commitment to move toward fair representation. It fulfills our promise to Canadians from the last election. It will bring faster-growing provinces closer to representation by population, while protecting the seats of slower-growing provinces and providing the seats to Quebec in proportion to its population. The new formula corrects a long-standing imbalance in democratic representation among the different provinces of our federation. It is reasonable that its provisions make sense.

As we have seen, many of the concerns raised in the debate and the amendments by the opposition are not based on the facts heard at committee. I hope all hon. members in the House will agree and will support the bill.

Motions in AmendmentFair Representation ActGovernment Orders

December 6th, 2011 / 1:15 p.m.
See context

NDP

Libby Davies NDP Vancouver East, BC

Mr. Speaker, I agree with one comment that my colleague who just spoke said, which is that there has been a very spirited debate in the House today. Sometimes we do not see that as it is quiet. However, this has been a very interesting debate.

I have been sitting here all morning listening to the debate. I do not know if it is because we are talking about our place or our home, so to speak, that we get so caught up in it. Maybe that is a reason. But it raises fundamental issues in terms of how many members of Parliament there are, how they are selected, and what criteria is used. I do think they are important issues.

However, in looking at Bill C-20, which is supposedly calling for fair representation, I do think that there is an underlying issue that to me is very important, that being that we are dealing with a Conservative government that now has a pattern of putting forward legislation that really is out of touch with the reality of Canadians.

Last night we passed Bill C-10, the mega crime bill, for which there was massive opposition across the country. Every leading expert in the country said it was a bad bill and yet here were the Conservatives hell-bent on pushing it through. They brought in closure, time allocation, because they believed that this absolutely had to be done. When the evidence shows that crime is actually going down, putting more people in prison is a completely failed agenda when one looks at what has happened in the United States.

I wanted to preface my remarks today on that because there is a pattern in that we are now debating legislation that many people do not see as relevant to the real priorities they are facing. Here we have this bill on seat distribution and adding additional seats. However, it completely misses the fundamental issue in terms of our democratic and electoral systems, that being that the basic system by which we elect members of Parliament is fundamentally not fair.

It is not only a question of seats but also the way that we vote in this country, what we call first past the post. It is very revealing that when the government has an opportunity to bring forward these issues, it makes a decision to bring forward a bill that is actually flawed instead of focusing on a debate or a proposal to implement something that would fundamentally improve the democratic process in Canada and would enormously improve the way that people actually relate to politics.

All day I have heard the Liberals' position to actually take seats away. I am sure there are members of the public who might support that position.

What I think would be a good a debate is one that proposes proportional representation. Then we could really engage people and ensure not only fair representation but that when voters vote. their vote is actually counted in a way that is proportional to the aggregate votes for any given party. That is certainly not the system we have now.

It is hugely disappointing that on the one hand we have a bill that deals with the Senate that again did not deal with any issues around proportional representation, and on the other hand we have Bill C-20, which is at report stage today and will be going through third reading I imagine quite soon. It is a bill that will continue a pattern and proposal that is basically not fair in terms of its representation.

I am glad that the NDP put forward its own private member's bill that did lay out the important principles of what we need to look at when we deal with seat representation.

I am from British Columbia and the first to say, as I know my colleagues from the NDP in British Columbia will say, that B.C. has been under-represented in the House, as have other provinces. We understand that. However, when we look at this bill, even from a B.C. point of view, we are not gaining adequate representation. I think the NDP bill that has been put forward really addresses some of the principles at issue here. One of those principles is the historical context of this country and how it was founded.

We cannot deny the reality that we do not have pure representation by population. It is not possible in a country as diverse and as large as Canada. Many people have given the examples of Prince Edward Island or other maritime provinces that on a population basis are hugely over-represented, or northern communities. We understand that. We understand that there is a balance.

In fact, those balances and those principles have been reflected in decisions by the Supreme Court of Canada and other decisions that recognize the history of this country. Certainly, one of those principles is the place of Quebec within the nation of Canada. I was in the House when the motion was passed in November 2006 where we unanimously declared a nation within a united Canada. That was a very important principle that was enunciated by the House. Therefore, in terms of recognizing what that means to seat distribution and recognizing the historical level of seats within Quebec, this bill fails on that ground.

The Conservative government chose to raise this issue. It chose to bring it forward on its political agenda. It chose to use the particular seat distribution that it came forward with. I find it very surprising and perplexing that it did it in a manner that is not consistent with the historical representation that we have had for the province of Quebec.

I feel there are some very sound arguments here to speak out loud and clear that this bill is flawed. If we are going to do it, should we not be doing it properly? Should we not be ensuring that there is fair representation, and should we not be doing it on the basis of fundamental democratic reform and advancement in this country?

Many of my colleagues have pointed out that we are now really one of the last remaining nations under parliamentary democracy that still uses first past the post. Why are we not having a debate on that? Why are we not seeing a bill that would bring that forward? Unfortunately, we know the answer. The government is afraid to lose what it sees as a monopoly that it has on the system that we operate under. We have seen that with Liberal governments before them.

I am very proud of the fact that the NDP has been a champion of proportional representation and has been in the forefront of that struggle to say that it is a fundamental reform that needs to take place in this country.

We are responding to a bill that the Conservatives brought forward. We have our own bill that lays out very clear principles of the way we believe this issue should be approached. It should be approached as a nation building exercise. What consultation was done here? What provinces, what people were consulted on this bill?

This is another unilateral, arbitrary, dump it down, and rush it through bill. Like many of the government's bills, it is recycled. This is the third time it has come around. There was a choice here if we were going to deal with this issue to deal with it in a way that would have actually advanced democracy in Canada, and would have advanced representation in terms of members of Parliament for the population. Unfortunately, this bill does not cut it. It does not meet that test or standard.

That is why we are here today in the House at report stage pointing out the flaws of this bill and saying that there could have been a better choice.

Motions in AmendmentFair Representation ActGovernment Orders

December 6th, 2011 / 1 p.m.
See context

Peterborough Ontario

Conservative

Dean Del Mastro ConservativeParliamentary Secretary to the Prime Minister and to the Minister of Intergovernmental Affairs

Mr. Speaker, I am absolutely delighted to join in the debate on this very important bill. It seems to be a spirited debate between the members in the far corner and some of the members on the government side.

The bill represents a commitment that our government made to Canadians to move the House toward fairer representation. In particular, it reflects our government's three distinct promises to provide fair representation by: allocating an increased number of seats now and in the future to better reflect the population growth in Ontario, which is my home province, British Columbia and Alberta; maintaining the number of seats for smaller provinces; and maintaining the proportional representation of Quebec according to its population.

We campaigned on those promises and Canadians voted in a strong, stable, national Conservative government. We received a strong mandate and with this bill we are moving the House of Commons toward fair representation for all Canadians. We promised that to Canadians; they voted for us, and we are delivering on that.

I would be remiss if I did not specifically challenge the member who just spoke. I was going to ask him a question, but because I was next to speak, I thought I would address it in my remarks.

I have coined a term for the Liberal proposal. It is a little catchy, and if members find themselves saying it later, it is okay; they do not have to give me credit for it. I call it the Liberal loser plan.

The Liberal plan is a loser because it takes seats away from provinces including Quebec, Manitoba, Saskatchewan, the maritime provinces, but it also makes a loser out of Ontario, British Columbia and Alberta because they are not getting fair representation. It takes the voices away from rural Canada and deposits them in urban Canada. It would take seats away from Manitoba, for example. I would be very interested to see the member go into rural parts of Manitoba and talk about how those people are going to lose representation in the House. That voice for agriculture, that voice for natural resource economies, that voice for rural infrastructure, that voice that speaks on behalf of wardens in rural municipalities, those voices are not going to be here any more because the Liberal Party would take those voices away.

In the province of Ontario, for example, we have very large ridings, especially in the 905 belt, some of which are represented by large representatives, as my colleague is pointing out. There are some very large population-based ridings. Those ridings would still be under-represented. A vote in that province would not carry the same weight as a vote would in other jurisdictions of the country.

I openly admit that the bill would still leave some regions somewhat overrepresented compared to others, but it would move the entire democratic system in this country in the right direction.

If we look at the Liberal plan, as my colleague from Wellington—Halton Hills has correctly pointed out, if I live in Saskatchewan, Manitoba or Quebec, I understand one thing from what the Liberal proposal is. In absolute terms it would reduce the number of voices that would represent my province, that would represent my rural part of the country, that would represent my cities in Ottawa. That means that amid all of the voices here, amid all of what goes on here, in absolute terms those regions of the country would have fewer representatives than they have today.

I represent a fairly large riding. By no means is it the largest in the country, but the population of my riding is roughly 126,000. Its population size is close to that of all four ridings in Prince Edward Island. By that math, a vote in the riding of Peterborough is worth about 25% of what a vote in Prince Edward Island is worth. We have understood that. It is okay. Our system is not perfect. We understand that we need to correct it.

Bill C-20 reduces the number of votes in each riding in the province of Ontario and it does so in a very fair and principled way, working off census figures. It makes sure, as I said earlier, that no province is actually going to lose representatives and it also maintains the proportional representation of the province of Quebec.

That is why, for example, only a few weeks ago when the bill was introduced, Liberal members said that they thought we got it right. The leader of the Liberal Party is on the record as saying that. Members currently in the House who are making some commentary while I am speaking are on the record as saying such. That is why the bill, when it was introduced, received the endorsement, largely, of governments right across the country. That is why Canadians are supportive of the bill.

I would argue that the Liberals are playing a little bit of cheap politics on this. They are saying that they will hold the number of seats in the House of Commons at the arbitrary figure of 308. There is nothing special about the number 308, other than it happens to be the number today, but it was not the number when some of the members across the way were elected. It was not the number when a number of great prime ministers of this country served. That number comes as a result of a formula that has been in place since 1867, which was later refined in the 1980s. That is where 308 comes from.

The longer the current formula is in place, the more the electoral system in Canada, representation by population that we espouse, the more that actually becomes stretched and the less it becomes in actual effect in this country.

It is critically important that we move in that direction. That is what Bill C-20 does. If we determine, as the Liberal Party has, that it should be an arbitrary number of 308, and we start taking seats away from some regions and depositing them in other regions while still not moving any of those regions to representation by population, it would simply be playing cheap politics.

The Liberals are saying it is not the right time to spend money. That is very interesting. They did not feel that way on the per vote subsidy. They thought the per vote subsidy should be maintained. They were not in favour of saving Canadians that money. I am sure my colleague from Elgin—Middlesex—London recalls that debate in the House. We almost had a coalition government over that with the various parties, including the Bloc Québécois.

Ultimately, we are here to discuss fair representation. The Liberal Party members are being somewhat presumptuous when they say that when we add more members of Parliament, it will cost x number of dollars, because they are simply taking that average, but there has been no determination in the House as to what savings can be found. I challenge members across the way. I receive a subsidy to account for the excessive number of folks that I represent compared to other ridings, but I should not expect that the subsidy would be continued if the total number of electors in my riding is in fact reduced, and I do not. I do not expect that at all. I expect efficiencies to be found in those areas.

I would simply note that this all comes back to fair representation. That is what it is about. That is why the Liberal premier of Ontario has said that he supports the government's plan for fair representation, not the plan put forward by the Liberal Party, not the proposal put forward by his Liberal cousins, and certainly not the plan put forward by the NDP, which would probably expand this House closer to 400 members. It would actually move us much farther away from actual representation by population in the country, because it is also quite arbitrary in how it is put together.

This is the best formula. It is quite simply the best formula to move all provinces toward fair representation in a reasonable and principled manner. There has to be a principle behind what we are doing when it comes to representation in this country.

The growth in the size of the House of Commons will be kept at a reasonable level. I should note that all efforts will be made to make sure that the cost of operations in the House are conscientiously maintained at a level that I believe Canadians support.

What I will never support is to reduce in absolute terms the number of voices that speak for rural Canada, the number of voices that speak for northern Canada, the number of voices that speak for places outside the large metropolitan areas. That is what the Liberal proposal would do. It would hurt farmers. It would hurt our natural resource economy. It would hurt our rural municipalities. It would make a loser out of every region and territory of this country. That is why it is a Liberal loser plan.

Motions in AmendmentFair Representation ActGovernment Orders

December 6th, 2011 / 12:55 p.m.
See context

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, I am humoured by the question, but the more important issue is the bill itself, Bill C-20. New Democrats have failed to participate genuinely in the debate on this bill because they have not been able to provide their numbers. All they talk about is wanting more seats, but they are not saying how many. My challenge, not only to this member but to all members addressing this issue today, is to stand in their places and tell Canadians how many seats the House of Commons will have under their proposal.

The NDP is the only political party that has not done that. Canadians have a right to know.

Motions in AmendmentFair Representation ActGovernment Orders

December 6th, 2011 / 12:45 p.m.
See context

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, the comments made by the member for Wellington—Halton Hills give the impression that at the very least he would support what the Liberals are proposing, except for the issue of dealing with the political rancour that would be created if we were to adopt the Liberal proposal. The Liberal proposal, in essence, just keeps the same number. We do not need more members of Parliament. The table brought forward by the Liberal Party makes sense, and the member acknowledges that, except for the political rancour aspect.

I come from the province of Manitoba. I would welcome any member from the Conservative Party and its cousins on this issue, the New Democrats, to debate this issue in the province of Manitoba. Manitobans are no different from other Canadians. They see the economic situation that Canada is in. They understand that we do not need to have more elected members of Parliament.

This is nothing new. Canadians have spoken loud and clear on this for years, and there was a time when the current Prime Minister acknowledged it.

Let me cite a couple of quotes.

This is from the currentPrime Minister, back in the 1990s. He said:

Mr. Speaker, we have offered to meet with the government any time to negotiate a reduction in the number of members in the House, and the government has refused to do that.

The is the Prime Minister of today challenging the government back in the 1990s to reduce the number of seats.

Again, today's Prime Minister said:

The size of the House should be capped. Maybe even the size should be lowered, but the proportionality of the provinces should be reflected.

What has happened to the Prime Minister? Did something slip by the PMO? I doubt it.

One has to ask what has happened. Canadians' opinions have not changed; the population as a whole recognizes that there is no need to increase the size of the House of Commons, yet the government has chosen to do that. It has chosen to increase it by 30 seats when it is not warranted.

One could bring up the argument of the economy, something the Liberals are talking a great deal about. This session is about jobs, jobs and jobs. It is very important. We see the government making cutbacks. We see the cutbacks taking place in Atlantic Canada and throughout the country.

My colleague made reference to the bloating cabinet and the growth in the government and its offices. That growth contradicts what I would have thought were Conservatives' principles in former years, quite possibly when they were Reformers. Now we have bloating government. We have a somewhat sluggish economy because the government has not been able to do the things necessary to create the types of jobs that are important to Canadians, and now it believes we need to increase the size of the House of Commons.

Do members know that while the Prime Minister is trying to increase the number of MPs, over in England, in the U.K., they are actually decreasing the number of elected officials? They are reducing the number of MPs.

I would suggest that we need to revisit this issue. The government needs to get in tune with what Canadians are saying on this issue. The Prime Minister should reflect upon the 1990s, when he used to advocate that we did not need 308 seats, that 308 was too many seats. I believe he wanted somewhere in the neighbourhood of 295, or maybe even fewer.

However, what I like about this bill is that there is a really clear difference between the Liberals, the Conservatives and the NDP. The NDP has this weird, twisted formula. It is a formula that really does not make that much sense, and its members know it does not make sense.

That is why, when we ask them to show us their idea and put on paper how many members of Parliament they would like in the House of Commons, not one of them has been prepared to stand up and show the impact of what they are suggesting. Maybe it is because it just does not add up. Anyone who tries to work through what the New Democrats are talking about will find it would be at least 350 members. We are really not sure.

In second reading debate on Bill C-20, the New Democrats gave us the impression that we just cannot have enough, that we would replace the chairs with benches and pile as many MPs as we could into the House.

The idea that representation needs to be based on population is not something new; it is in our Constitution. Every modern western democracy recognizes the value of representation by population. There is only one political entity that I am aware of, outside of the Bloc, that would argue against it: the New Democrats. They do not recognize any value in rep by pop, based on what they are suggesting. They even put it in Bill C-312, which was a private member's bill.

I just asked a New Democratic member of Parliament to provide us with a plan showing the number of members of Parliament that the member sees coming into the House of Commons after the next election. Instead, he said he wanted to talk about the Senate. He completely avoided the question.

We disagree again with the New Democrats in regard to the Senate. There is value to the Senate. In the future it might be able to deal with some of the regional differences among our provinces and so forth. Let us not confuse the Senate with this particular bill.

If members are supporting this bill because they want to provide better service to their constituents, I suggest there is a better way of doing so: by providing adequate or more resources to the current number of members of Parliament. By doing that, we would enable members to serve a larger number of constituents.

There are members of Parliament here today who serve over 130,000 people. I serve roughly 85,000 to 90,000 people. I am not going to argue that I serve my constituents any better than the person who is serving 130,000, but if it is a question of providing service to constituents, then we can deal with it in that fashion.

To try to give the impression that the cost of the bill is only $30 million is very misleading. It takes a great deal to house an additional 30 members of Parliament, and I believe the government is underestimating that cost.

Yes, there is a cost to democracy, and I acknowledge that, but I recognize the reality of today's economy and what is taking place with government cuts in areas that have grown over the last number of years through cabinet bureaucracy. Now we have before us a bill that would increase the number of members of Parliament, an increase that I believe Canadians as a whole would not support.

I say with all sincerity that if there is a member who is concerned about political rancour, I am from the province of Manitoba and I am prepared to debate the Liberal Party proposal, which would keep the number at 308, anywhere in the province of Manitoba. That is because I believe that Manitobans, as all Canadians, would recognize that we can change from within the current number of 308 and that this bill is just not necessary. We do not have to increase the numbers.

Motions in AmendmentFair Representation ActGovernment Orders

December 6th, 2011 / 12:30 p.m.
See context

Conservative

Michael Chong Conservative Wellington—Halton Hills, ON

Mr. Speaker, I rise today to speak in support of the government's Bill C-20, , the fair representation act, at report stage. I strongly support the bill and I will tell my colleagues in the House why I support it.

The fundamental makeup of this House is that it be representative of the population. We need to take a step back and survey the history of this issue in order to better understand why this is such a fundamental principle in the House.

Before Confederation, Canada existed as the province of Canada. It was created out of the Act of Union from the early 1840s to 1867. When this parliamentary precinct was built, the provincial legislature sat in it for one session before Confederation in 1867. The province of Canada was a unitary state made up of a unicameral legislature that was divided into two equal halves, Canada West and Canada East, each with 42 seats.

At the beginning of that Act of Union in the early 1840s, Canada West was much more represented in the House than Canada East, and that was by virtue of the fact that Canada West had far fewer people than Canada East.

However, over the course of that roughly 25 year period, the population balance changed and Canada West, which is now Ontario, became far more populated than Canada East, which is now Quebec, as a result of American immigration, British immigration and immigration from other places around the world.

By the 1860s, the leader of the then Liberal Party of Canada, George Brown, whose statue stands just behind Parliament Hill, made it his fundamental mission to reform our constitutional structure, reform our democratic institutions, through his battle cry of representation by population. He felt that Canada West was under-represented in the House by virtue of the fact that Canada West and Canada East each had an equal 42 seats.

After many debates and much wrangling over the course of many years, what resulted was a federal system of government where there would be two sovereign orders of government. The provincial order of government would have a particular set of responsibilities and the federal government would have another set of responsibilities.

In that federal level of responsibility there would be a Parliament of Canada made up of a bicameral legislature of a lower house, the House of Commons, and an upper house, the Senate. That lower House of Commons was to have a fundamental principle that would guide it and that fundamental principle was that it would be representative of the population.

Administratively, for the better part of 150 years, the House has been divided into provincial divisions. These are not provincial seats. These seats do not belong to the provinces. We consult the provinces because we like their opinion but their views are not binding on the federal government. These are provincial divisions for administrative purposes so we can apportion seats in much the same way as seats are divided within a province. They are not divided without regard to municipal boundaries so that it makes more sense to people.

Nevertheless, even though there are provincial administrative divisions in the House to help us divide up the seats among the different provinces, the fundamental principle remains the same, which is that this House needs to be representative of the population of Canada. That means that no one region, area or seat in the House can become so far out of its representation that Canadians in that region are denied fair representation in the House.

That is the situation we have today. In rapidly growing regions of the country, especially in our greater cities like Vancouver, Calgary and Toronto, the seats have become hugely unrepresentative of the Canadians who they are supposed to represent.

In fact, when we look at the 30 most populous ridings in this country, more than half of them have populations of visible minorities greater than 25% and most of those seats lie in the city regions of Vancouver, Calgary, Edmonton and Toronto. One reason for the under-representation of visible minorities in this House is a result of the fact that there are not enough seats in those rapidly growing city regions. This bill is so very important because this chamber needs to reflect the makeup of Canada today and it currently does not.

With the bill that the government has introduced and which is now at report stage, we will ensure that this House, after the next election, better reflects the makeup of the new Canada.

Many other ideas have been floated out there about how we could address this under-representation by populations in the rapidly growing regions of the country. I will say that I completely disagree with the proposal of the official opposition in this regard because that would violate the fundamental principle of representation by population.

No administrative provincial division in this House should guarantee a province a particular amount of seats because of some purported idea that it should have 25%, 23.7% or whatever that fixed number may be. That is not consistent with Confederation and it is not consistent with our constitutional division of powers and how the federal system was set up. It is not consistent with representation by population.

There has been another proposal from the Liberal Party. I think it is principled and it is a proposal that makes sense. However, it has one big problem and the big problem is a political one. The big problem is that it would take seats away from these administrative divisions of Quebec, Nova Scotia, Saskatchewan and Manitoba. It is going into a year or two period where we may be facing provincial governments of a different stripe. It think it would create too much political rancour in this country at a time when we have relative federal-provincial peace.

I think the proposal by the member for Saint-Laurent—Cartierville is a principled one but I think, politically, it is untenable. The House should adopt the government's bill because it is principled, it honours that fundamental constitutional principle of representation by population and it also is palatable politically. That is an important consideration as we embark on it.

I acknowledge that the provinces do not have any say over the administrative divisions in this House but, nevertheless, we need to be sensitive to the political realities of this country and we need to be sensitive to the fact that certain other iterations to achieve representation by population would create undue political friction in this country, which I think we should avoid.

The effects of the current imbalance in this House are very real. The rapidly galloping heterogeneity of the new Canada reflected in cities like Toronto, Calgary, Edmonton, Vancouver is not reflected in this House. That is a result of the under-representation of those seats in this House of Commons. The bill would go a long way to addressing that. It strikes a good balance between the different political interests in this country and, for those reasons, I encourage all members of this House to support this very important legislation.

Motions in AmendmentFair Representation ActGovernment Orders

December 6th, 2011 / noon
See context

Conservative

Parm Gill Conservative Brampton—Springdale, ON

Madam Speaker, I appreciate the opportunity to speak on behalf of my constituents of Brampton—Springdale in support of Bill C-20, the fair representation act. This bill fulfills our government's commitment to move forward to fair representation in the House of Commons.

During the last election, we made three distinct promises to ensure that any update to the formula allocating House of Commons seats would be fair for all provinces. First, we would increase the number of seats now and in the future to better reflect population growth in British Columbia, Ontario and Alberta. Second, we would protect the number of seats for smaller provinces. Third, we would protect the proportional representation of Quebec according to its population.

Our government will be fulfilling each of those promises with this bill. Fairness in representation for all Canadians is a very important goal. It is important that we act to ensure we are moving toward the goal and not away from it.

The current formula for allocating seats in the House of Commons is outdated and does not meet the current needs of Canadians. This problem is particularly serious in and around my riding of Brampton—Springdale. Directly to the west of my riding is the riding with the largest population in Canada, Brampton West. Directly east is the fourth largest riding, Bramalea—Gore—Malton. Within a 15 minutes drive from my riding, I can reach seven of the ten largest ridings by population in all of Canada.

All of these ridings, including my own, Brampton—Springdale, suffer from what the minister described as a representation gap. This representation gap must be fixed. The seat allocation formula that provides for new seats in the House of Commons every 10 years now dates from 1985. The formula now does not properly account for population growth. In fact, it is especially bad at dealing with large population growth in large cities in our largest provinces. My riding of Brampton—Springdale fits that description exactly. However, this problem is seen across the country, especially in Ontario, British Columbia and Alberta.

What are the implications of the representation problem?

In the report titled “Voter Equality and Other Canadian Values: Finding the Right Balance” Matthew Mendelsohn and Sujit Choudhry wrote, “This problem is getting worse and, unless there is fundamental reform, will continue to do so in the future”. As well, they stated that “the character of voter inequality is changing”. They wrote that the combination of problems with the current formula and high level of immigration increasingly disadvantages new Canadians and visible minorities.

This is because many new Canadians choose to live in a densely populated suburban area like my riding of Brampton—Springdale. Mendelsohn and Choudhry wrote about the new reality of representation in Canada. They wrote:

--it is Canadians of multi-ethnic backgrounds living around our largest cities, particularly the GTA, who are under-represented, injecting a new dimension of inequality into our federal electoral arrangements.

More than 56.2% of my constituents are part of visible minority groups and multi-ethnic backgrounds. Members can understand why the fair representation act would be greatly welcomed by my constituents of Brampton—Springdale. Not only are my constituents becoming more under-represented but they are becoming more under-represented much faster than Canadians in other parts of our country.

Bill C-20, a bill that is applauded by my constituents, is a solution to this problem. This bill would move every province toward representation by population in the House of Commons. Using the formula put forward in the bill, Ontario would receive 15 new seats, British Columbia would receive 6 new seats, and Alberta would receive 6 new seats. The bill would increase seat counts for these provinces both now and in the future. At the same time, Bill C-20 would ensure that smaller and slower growing provinces would maintain their current number of seats.

The legislation also fulfills our commitment to maintain Quebec's representation at a level proportionate to its population. Quebec would receive three new seats. Since the purpose of the bill is to move every single province toward representation by population in a fair and reasonable way, we are keeping our promises.

Since we are talking about fairness, I would also like to talk about accuracy. This bill would ensure that when we allocate seats to each province, we would use the best data available to us. Instead of using the census population numbers, the bill would use Statistics Canada's annual population estimates. These estimates work to correct for some of the undercoverage in the census and provide the best data we have of the total provincial population. This change would assist in making sure that the growing representation gap is closed.

In Bill C-20 we are also maintaining the independent process that draws the riding boundaries in every province. By using census data, we can ensure the accuracy that is necessary to most properly draw the new electoral boundaries. There would be no change to that aspect of process. That has been the process since 1964. It would remain fair, impartial and independent.

In conclusion, Bill C-20, the fair representation act, is a principled update to the formula allocating House of Commons seats. It is fair, reasonable and principled. It would solve an important problem that needs to be fixed and will only grow worse if we fail to act on behalf of all Canadians. It would achieve a better representation for fast growing provinces where better representation is strongly needed. It would address and correct the under-representation of many new Canadians in suburban ridings like my own, Brampton—Springdale. It would also maintain effective representation for smaller and slower growing provinces.

The fair representation act would deliver these things and delivers on our government's long-standing commitments. I hope that we can pass this sensible and good piece of legislation as soon as possible. The vote of every Canadian should have, to the greatest extent possible, equal weight and we should not delay. The constituents of my riding of Brampton—Springdale expect that from us and we need to deliver.

Motions in AmendmentFair Representation ActGovernment Orders

December 6th, 2011 / 11:30 a.m.
See context

Conservative

Mike Wallace Conservative Burlington, ON

Madam Speaker, it is my pleasure and honour to talk to Bill C-20, the fair representation act.

I thank the Minister of State for Democratic Reform for bringing the bill forward. It is a difficult file, but he has done a fabulous job in ensuring the public understands the need for us to move forward with fair representation.

I believe in representation by population. It is an important concept that we learn in school as young people. As we understand what is expected from a democracy in Canada, representation by population, as close as possible, includes all the voices that we represent here. We have a representative democracy, not a direct democracy, and we need to ensure that our system, whether at the federal, provincial or municipal levels, has an equalized voice for everyone through the representative the people have elected in whatever election it may be.

I want to talk about the principle of fairness and effectiveness.

To begin with, we need to be clear. Our party, in the last election and over the last number of years, had committed and promised to have fair representation in the House of Commons. We committed to allocating an increased number of seats now and in the future to better reflect the population across the country. We would maintain the seats that were guaranteed, whether through the Constitution or act of Parliament for smaller provinces. We would maintain the proportional representation, including that of Quebec. The bill does that.

Let us talk about fairness. My province of Ontario has had significant growth. The provinces of British Columbia and Alberta have also had significant growth. It is only fair that the number of seats should represent approximately what every other province gets. The bill looks at about 112,000 people, or somewhere in that range. The formula that has been developed by the minister would allow for that kind of representation in Ontario. Is it a perfect system? It is not. However, is it fair? It is fair to those people.

My riding has about 120,000 people, which is relatively close to the number we are looking for, but surrounding ridings in my area have as many as 170,000 people. Is it fair that their representation has 30% more people than mine? Not really. We are in the same geographical area. We need to add seats to give the voices of those constituents the same representation they get from me. I am a few kilometres down the road from them.

Can we do that in every province? Of course not. There are Constitutional requirements, for example, in P.E.I. The number of seats it has in the House represents the number of seats it has in the Senate. In terms of the numbers by representation, it is less. The whole population of P.E.I. would fit in my city of Burlington. Therefore, it will not be completely equal.

We are not calling it the “equal representation act”, we are calling it the “fair representation act”. We are working on making it as fair as possible throughout the regions of the country based on the legislation that exists now, which is the Constitution and legislation that has been passed in the House of Commons.

I was excited to speak today on the principle of being effective. We come here every week and do our jobs between September and December and January and June. However, a tremendous amount of our work is done in our own ridings. I often get asked what the most gratifying part of being a member of Parliament is. The most gratifying part is for me and my staff to be in the riding, helping individuals with whatever problems they may have and helping to solve those issues.

Unfortunately we cannot do it for everybody. Probably the worst part of the job is when we have to say no to somebody. However, what has become clear to me over the almost six years I have been here is that being accessible, being able to reach out to those individuals who come to see us in our offices and to be effective in helping them try to solve their problems is what makes the job of being a member of Parliament gratifying to each and every one of us.

It is a vital and important piece of why we choose to get elected. Not all of us will have a chance. The big national policies move large chunks of the country in directions, whatever direction that may be. We are all part of that, but we can make a difference as individual members of Parliament to individuals in our ridings.

Why this is important? When we get larger and larger ridings, which has happened in my province and in other provinces, it makes it more and more difficult for us to be effective in helping individuals. It is harder to see people. If we represent 180,000 people, we only have so much time that we can see these folks when they come to our riding offices for help.

It became clear to me a number of months ago when a recent immigrant came to see me and was very excited about the opportunity to come to the office of the member of Parliament. I had not given it much thought, but in the country that individual came from the people did not see their members of Parliament. People were allowed to vote for their members, but they did not have any relationship with them. They did not see them or have an opportunity to talk to them about their problems. The members of Parliament would go away with the head of the government for that country and the people would not see them again. The people did not have a relationship with their members.

That makes a member of Parliament much less effective. It devalues their job. That is why a fair representation would allow, if we can get around an average of 111,000 people, our constituents, the people who have elected us to represent them here, an opportunity to be engaged, to have a relationship with us.

We represent a democracy and our job is to represent those folks. If we do not get a chance to hear from them, to see them, to get involved in their issues, how can we represent them properly here? That is why it is important we look at what we can do to ensure we are fair across the country in terms of representation and that the system allows us to be effective. That is why I am in favour of the bill.

I am a bit of a finance person so I like to talk about numbers. In terms of fairness and effectiveness, we are looking at the populations of each province, the percentage they have of the total and the percentage of the seats they have in the House.

The system been brought forward by our Minister of State for Democratic Reform gets us as close as numerically possible and moves us in the right direction. For example, Ontario, which is just shy of 39% of the population, will have 121 seats and 36% of the vote in the House. Is it a perfect system? No. Does it move us from where we are today at 35%? Absolutely. It moves us in the right direction.

Right now British Columbia has just over 13% of the population. It has almost 12% of the representation in the House and this moves it to 12.5%. It is more fair and it will still allow us to be effective in our jobs as members of Parliament.

I want to thank the minister for all the work on this project. I am eager to see the bill passed. I would like to see it in place as soon as possible so that—

Motions in AmendmentFair Representation ActGovernment Orders

December 6th, 2011 / 11:15 a.m.
See context

NDP

Guy Caron NDP Rimouski-Neigette—Témiscouata—Les Basques, QC

Madam Speaker, I am pleased to say a few words about Bill C-20, especially after the eloquent speech by the hon. member for Hamilton Centre, who raised a number of interesting points.

He mentioned that in 2006 the Conservative government moved the following motion, which was adopted: “That this House recognize that the Québécois form a nation within a united Canada”. It bears repeating.

One of the most widely used meanings of nation, especially in social sciences, is: a nation is a human community identified within geographical boundaries that sometimes fluctuate over the course of history, whose common trait is the sense of belonging to the same group. And certainly Quebec's boundaries have changed over the course of history.

Based on that definition it is easy to see why the NDP supports the principle of Quebec as a nation within Canada so strongly: because Quebec is different. It is different in a number of ways, in terms of its language and its civil justice system, among other things. Quebec is governed by civil law, while the rest of the country is governed by common law. I could provide other examples, but I do not think I need to illustrate that Quebec is truly a community that is different from the rest of the country.

That is what the motion presented by the Conservatives and adopted by the House in 2006 is all about. If we recognize that Quebec forms a nation within Canada, we must also recognize that this province has its own unique attributes which must be taken into account by the proposed legislation. What is being proposed in Bill C-20 concerns what Quebec should be if it is a nation within Canada. I am not saying that Quebec is superior or inferior to, or better or worse than the rest of the country, just that it is different. And we must take this difference into account because the notion of proportional representation must be one of the elements in a bill such as C-20 that affects the redistribution of seats.

Proportional representation is one of the principles that must be included, but it is not the only one. In 1991, in a case affecting riding boundaries in Saskatchewan, the Supreme Court recognized that proportional representation should not be the only criterion used when establishing the number of seats in a province or in Parliament.

In 1991, the Supreme Court said, “The purpose of the right to vote enshrined in s. 3 is not equality of voting power per se, but the right to "effective representation".” And the Supreme Court defined effective representation as follows:

Factors like geography, community history, community interests and minority representation may need to be taken into account to ensure that our legislative assemblies effectively represent the diversity of our social mosaic.

In this sense, it is crucial to consider the redistribution of seats in any legislative assembly not just as an exercise in mathematics or accounting, but as a social exercise. With Bill C-20, the Conservatives are missing an opportunity to go beyond accounting and are making this a nation-building exercise instead. This is an ideal opportunity to move Canada forward with respect to representation in the House and to recognize the founding peoples, who, unfortunately, are under-represented in the House. I am speaking here of the first nations.

Some of my colleagues have also mentioned that this position is not criticized in Quebec. Although there are sovereignist and federalist movements in Quebec, the National Assembly, which has provincial members of all allegiances, has recognized three times that Quebec's political weight in the House of Commons should be maintained at its current proportion, which was established by the 1985 act.

The Quebec National Assembly, made up of federalist and sovereignist members, unanimously passed three motions, or three resolutions. This must be taken into account when we are dealing with a topic like Bill C-20, and this unfortunately has not been done.

However, I must admit that progress has been made, because this is not the first time that the Conservative government has tried to introduce a bill like this. With previous bills, Quebec would have no added seats or would have seen its proportion of seats radically diminish. Thanks in large part to the work of the NDP and the pressure we applied, the bill revised by this Parliament included three additional seats for Quebec, which is much closer to its current proportion.

We also know that some media have reported the fact that this position has been criticized within the Conservative caucus because many government members did not want to give these three additional seats to Quebec. But that is what is in the bill.

Is that enough? No, it is not enough, because as the member for Hamilton Centre said, we must recognize the fact that there is a basic principle, and if we want to protect Quebec's weight and recognize its difference—that it is a nation within a united Canada—we must protect this proportion of 24.35% of the seats. That is what the bill by my colleague from Compton—Stanstead proposes. It is not a matter of using a mathematical calculation. We must apply a principle that gives more power and more substance to the motion that was passed in 2006.

We must recognize that proportional representation does not exist in Canada and it never will. Why? Because the Constitution guarantees four seats to Prince Edward Island, for example. In fact, that province currently has four seats in the Senate and cannot have fewer seats in the House of Commons than in the Senate. Could we achieve proportional representation in the case of Prince Edward Island? It would not work.

We often hear that all Atlantic provinces and all prairie provinces, except Alberta, are over-represented. Can proportional representation be achieved through legislation? I do not think so. Thus, if we take proportional representation as a guideline and not as the only possible option, we could make more progress regarding a seat redistribution bill, rather than confining ourselves in a straitjacket that, in the end, will be harmful not only for the work of this House, but also for the work of nation building that this Parliament must also have in mind.

I mentioned Prince Edward Island. I could also talk about the territories. At present, we have three seats for the three territories. In terms of pure representation by population, if we were to adopt that as our only principle, we could easily end up with one seat for the three territories. The population would be closer to what we see defined as the average used to calculate seats. Who would support that? Certainly not me, because Yukon, Northwest Territories and Nunavut each have unique features that deserve to be represented individually in the House of Commons.

Similarly, if we push the proportional representation principle just a little further and adopt it as the one and only principle, that puts ridings like mine in danger. The riding of Rimouski-Neigette—Témiscouata—Les Basques has a fewer people than the average used by the House of Commons, which could decrease my region's representation because of the exodus of people from rural regions to urban centres. The people of my riding have specific problems that deserve to be represented individually.

I really cannot imagine increasing the size of the riding just to achieve pure proportional representation, given that it already takes me two and a half hours to drive from one end to the other to see my constituents, to talk to them and understand their concerns. So, yes, the principle of proportional representation should be observed, but it is not the only principle if we want to have fair legislation.

That is why the NDP has pushed, and will continue to push, for maintaining Quebec's representation in the House of Commons at 24.35%.

Motions in AmendmentFair Representation ActGovernment Orders

December 6th, 2011 / 11:05 a.m.
See context

Bramalea—Gore—Malton Ontario

Conservative

Bal Gosal ConservativeMinister of State (Sport)

Madam Speaker, I am very happy to have this opportunity to speak about fairness in House of Commons representation. Addressing the significant and increasing under-representation of Canadians living in the fastest-growing provinces is a long-standing commitment of our government and of our party.

First, though, I note that our government's top priority is the economy. We are focused on the mandate Canadians gave us to secure our economic recovery through a low-tax plan for jobs and economic growth. In addition to securing our economy recovery, our Conservative government has a strong, stable national majority government and a mandate to strengthen and enhance Canada's democratic institutions. In the last election and in previous ones, our party committed to Canadians that we would address representation fairness.

I would first like to outline the problem we need to fix, which is the primary motive of Bill C-20. This problem has been mentioned at length during debate, but I believe it warrants underlining again.

The representation of the provinces in the House of Commons is readjusted every 10 years using a formula established in section 51 of the Constitution Act of 1867. The current formula dates to 1985 and was designed to provide modest increases to the size of the House.

While the 1985 formula has been successful in limiting the size of the House of Commons, it has created a representation gap for the fastest-growing provinces of Ontario, British Columbia and Alberta. It has prevented these provinces from receiving a share of seats that is more in line with their relative share of the population.

To illustrate the significance of this representation gap, we look no further than my riding of Bramalea—Gore—Malton in Ontario. Bramalea—Gore—Malton is home to the fourth-largest number of Canadians in any riding, at 152,698 people. I note this population figure was as of the 2006 census, over five years ago.

During the last election, we made three promises to ensure that any update to the formula allocating House of Commons seats would be fair for all provinces. First, we would increase the number of seats now and in the future to better reflect the population growth in British Columbia, Ontario and Alberta; second, we would protect the number of seats for smaller provinces; third, we would protect the proportional representation of Quebec according to its population.

Our government received a strong mandate to move toward fair representation in the House of Commons, and we are delivering on that commitment with the fair representation act. Bill C-20 moves every single Canadian closer to representation by population.

The size of my riding, with over 152,000 people, compares to an average national riding size of fewer than 113,000. Only four provinces even have an average riding size of over 90,000 people. Ontario is one of those provinces. The Greater Toronto Area has nine of the 10 largest ridings in the country. All of these ridings have over 130,000 people. The largest in Canada, Brampton West, has 170,000 people.

My riding and many others in the Greater Toronto Area are home to a significant and increasing number of new Canadians. New Canadians, who tend to settle in large cities with large riding populations, are among the most significantly under-represented Canadians in this country, simply by virtue of living in fast-growing communities in fast-growing provinces.

Is it fair that new Canadians, many of whom come to our country to enjoy the democratic freedoms denied to so many millions of people around the world, and indeed all Canadians living in regions like Bramalea—Gore—Malton, have a democratic voice that is significantly diminished merely because of where their home is located? We believe it is not fair.

Every Canadian's vote, to the greatest extent possible, should carry equal weight. If we are left with the status quo, the representation gap experienced by Canadians living in fast-growing provinces, and in particular Canadians living in regions like mine, will only grow more prominent. This is a serious problem that requires an immediate solution.

Bill C-20 proposes the best formula to address the representation gap without pitting Canadians against Canadians and regions against regions. This formula is a principled and reasonable update designed to bring Ontario, British Columbia and Alberta closer to representation by population, while at the same time maintaining the seat counts of low-growth provinces and ensuring that Quebec maintains representation directly proportionate to its population. In fact, the fair representation act brings every single Canadian closer to representation by population.

The practical result of applying the new formula will add an additional 30 seats to the House of Commons, for a total of 338. In terms of provincial breakdown, Ontario will receive 15 new seats, Alberta will receive six new seats, British Columbia will receive six new seats and Quebec will receive three new seats, as a result of being the first beneficiary of the representation rule, which will ensure that its seat total does not become less than what is proportional to its population.

In my province, Ontario's average riding size is down from 126,160 to 110,521. Thanks to this legislation, Ontario's percentage of seats in the House of Commons will more closely reflect its share of Canada's population. This is a great thing for Ontario and indeed a great thing for all Canadians.

Even more significantly, the bill provides an adjustment to the formula in order to adjust for future increases in population following future censuses. Unlike the formula on the books today, the formula in Bill C-20 accounts for population growth and trends. This is good news for all Canadians, both now and in the future.

To conclude, this bill, the fair representation act, is a principled, nationally applicable update to the formula allocating House of Commons seats. It is reasonable, principled, and fair for all Canadians. It addresses a problem that needs to be fixed, a problem that will grow worse if we fail to act. It will achieve better representation for Canadians living in fast-growing provinces while maintaining representation for smaller and slow-growth provinces. Again, it brings every single Canadian closer to representation by population.

The fair representation act delivers on this government's long-standing commitment to bringing greater fairness in House of Commons representation. I strongly encourage the opposition to work with us in passing this principled and reasonable legislation as quickly as possible. I look forward to continuing my work with all of my colleagues in the House to make sure that happens.

Motions in AmendmentFair Representation ActGovernment Orders

December 6th, 2011 / 10:40 a.m.
See context

Edmonton—Sherwood Park Alberta

Conservative

Tim Uppal ConservativeMinister of State (Democratic Reform)

Madam Speaker, I am very pleased to once again speak to this House about the need for fairness and representation for all Canadians. It has been our government's long-standing commitment to Canadians that we would address the growing unfairness and representation in the House of Commons.

As I have detailed before, during the last election we made three distinct promises to Canadians. Those promises ensure that any update to the formula allocating House of Commons seats would be fair for all provinces.

First, we would increase the number of seats now and into the future to better reflect population growth in British Columbia, Ontario and Alberta. Second, we would protect the number of seats for smaller and slower growing provinces. Third, we would protect the proportional representation of Quebec according to its population. We campaigned on these promises and Canadians voted in a strong, stable, national majority Conservative government. We received a strong mandate and, with this bill, we would be moving this House of Commons toward fair representation for all Canadians.

We promised that to Canadians. They voted for us. So, we are delivering on our commitments.

Bill C-20, the fair representation act, would provide fair representation for Canadians living in our fastest growing provinces of Ontario, British Columbia and Alberta. Canadians in those provinces have long been seriously under-represented. The current formula maintains the serious under-representation and, in fact, makes it worse as time goes on. Well over 60% of Canada's population is and would continue to be seriously and increasingly under-represented under the current formula. This is not acceptable and it is not fair. Bill C-20 would address this problem.

The bill would also move all provinces closer to representation by population. We believe that is fair. Our bill would also keep each of our promises to Canadians, which, again, is fair. The three large, faster growing and under-represented provinces would move closer to fair representation and would be fairly treated in the future. Again, this is fair. In this way, the foundational principle of representation by population would be much better respected and maintained now and in the future. That is fair.

Quebec would have 23% of the population and it would have 23% of the seats in this House. That is fair.

The smaller and slower growing over-represented provinces would have their seat counts continue to be protected. They would also move closer to fair representation. That is fair.

Members may notice a theme developing in my remarks. We have called our bill the “fair representation act”. We believe that this is a very fair way of describing it. We believe that its process and effects would be fair to all provinces and would restore fairness, and that the majority of Canadians would continue to be unfairly treated by the current formula if it were allowed to continue. It would fix problems that need fixing and would strike a fair balance between the sometimes competing and contradicting principles that we must consider.

Twenty-five years ago, our predecessors in this place faced a similar choice. When the current formula was put in place, the balance between competing principles was tipped toward consideration, which is not a principle at all. That choice has had serious negative effects for more than those 60% of Canadians I just mentioned.

Our predecessors in this place decided to place a priority on the consideration of the size of the House. They decided not to allow the size of the House of Commons to grow roughly in line with the population growth. They decided against an important representational principle, and the people of Ontario, British Columbia and Alberta have paid a price because of that. They are not fairly represented and their votes count for much less than the votes of Canadians in other provinces. That unfairness would only continue to grow without these changes.

We are re-balancing the formula by restoring fairness and prioritizing principles, the principles of representation by population, of fairness for all provinces and of protection against unreasonable loss of weight in the House. This rebalancing is necessary and it is important.

We need to move quickly to ensure that these important changes are in place before the next election to ensure that Canadians will be fairly represented in their next voting opportunity and that their votes, to the greatest extent possibly, will carry equal weight.

This need is particularly acute for Canadians in our three faster growing provinces because many of those under-represented Canadians are new Canadians and visible minorities. Canada's new and visible minority population is increasing largely through immigration and these Canadians tend to settle in our fastest growing communities in our fastest growing provinces. When we combine this situation with the current formula that increasingly underrepresents these provinces and the result inadvertently is that new Canadians and visible minorities are even more under-represented than the average Canadian.

This further undermines the principle of representation by population in our country. This is a serious problem that requires an immediate solution. We are moving quickly to meet the deadlines we face in the new year to best facilitate the process that will bring these changes in place for all Canadians.

The Chief Electoral Officer told the procedure and House affairs committee that passing this bill before next year is the best scenario. I encourage members opposite to consider his advice and testimony at committee.

With the fair representation act, our Conservative government is delivering a principled, reasonable and fair solution. The bill better respects and maintains representation by population. The bill would ensure the effective and proportionate representation of all provinces, especially for smaller and slower growing provinces. The bill provides a principled formula with a national application that is fair for all provinces. The bill would ensure that the vote of each Canadian, to the greatest extent possible, would have equal weight. The fair representation act delivers on all of these points and delivers on our government's long-standing commitments to Canadians, and it does so fairly.

Try as they might, and I am sure they will try this week as we debate this bill, the opposition members with their proposals are not able to make these claims. I am proud to be the minister responsible for moving these fair changes forward and to be able to support a bill that treats all Canadians fairly.

I look forward to the continuing debate of the bill today and later this week. I thank my hon. colleagues in advance for their contributions to this important debate.

Motions in AmendmentFair Representation ActGovernment Orders

December 6th, 2011 / 10:40 a.m.
See context

Bloc

André Bellavance Bloc Richmond—Arthabaska, QC

Madam Speaker, 30 seconds is not long enough to debate the member for Saint-Laurent—Cartierville; it could take a lot longer than that. People need to understand that what is being ignored here is Quebec's political weight. I know many arguments have been raised regarding demographic weight and that many constitutional changes have been made since 1867. But one thing is certain: Quebec will always demand that its political weight be respected, and I am not talking about demographic weight. Bill C-20 scorns Quebec's political weight.

Motions in AmendmentFair Representation ActGovernment Orders

December 6th, 2011 / 10:25 a.m.
See context

Bloc

André Bellavance Bloc Richmond—Arthabaska, QC

Madam Speaker, I am pleased to rise in the House today to speak to Bill C-20, not because the bill is worthwhile, but because, once again, the Bloc Québécois is standing up for the interests of Quebec in the House.

With this bill, the Conservative government is trying to diminish Quebec's political weight. In Quebec, there is a consensus, and even the Quebec National Assembly unanimously agrees that it is against this bill. Today, we are presenting amendments to delete clause 2, in which the calculation diminishes Quebec's political weight.

What is ironic about the whole situation is that not so long ago, the Conservative Party abolished political party financing in order to save lots of money—about $27 million—or so it said. The Conservatives addressed the issue of political party financing in a completely demagogic way, although the funds from voters were distributed based on votes. No one in Alberta saw their money go to the Bloc Québécois, for instance. Of course, there are no Bloc Québécois candidates in Alberta. The money came from the people who had voted for the political parties in question.

Furthermore, under Bill C-20, so with 30 more MPs, millions of dollars will have to be spent. Consider an average of about $300,000 per member just for the member's office budget and salary for a year. Thus, no money will be saved by abolishing political party financing if we increase the number of members in the House.

However, I do not wish to focus only on the economic argument here. Once it passes, this bill will decrease Quebec's political weight from 24.35% to 23.08% in the next election. Quebec's special status will disappear completely. The member who just spoke talked about the motion that was passed in 2006 regarding the Quebec nation, but it no longer has any meaning, because the government is using statistics to say that the percentage of members from a given province will be based on the percentage of the population. This does not apply to Prince Edward Island, of course, which has four MPs, because the Conservatives are invoking the senatorial clause. I want to reiterate that the goal of my speech is not to take members away from any other provinces. I simply wish to point out that special status does exist and that Quebec's special status is being completely disregarded with this bill.

Earlier I was talking about the National Assembly of Quebec, which has unanimously adopted more than one motion calling on the federal government renounce the tabling of any bill that would reduce Quebec's political weight. I understand that the federal government does not want to listen to the concerns of any party from Quebec, but I have trouble understanding why it does not even listen to the federalist parties. When the current government arrived in 2006, it said it wanted open federalism. That should have pleased the federalist parties from Quebec, including the Liberal Party of Quebec, which currently forms the government. However, we see that in matters of justice and a number of other files in which the Government of Quebec disagrees with the federal government, the arguments of the Conservative government and its ideology are what matter. Open federalism is non-existent in the House.

Speaking of the Liberal Party of Quebec, I will quote Yvon Vallières, the new Canadian intergovernmental affairs minister, who is an MNA in my riding. This is what he had to say about the new bill that proposes adding three more MPs for Quebec: “It is not enough...We had three unanimous motions on this in the National Assembly. There is an exceptional consensus; Quebec does not want its political weight to be diminished”.

Quebec's federalist government could not be any clearer: Quebec does not want this type of change.

We are going to strongly oppose Bill C-20. To the Bloc Québécois, Quebec is a nation and its political weight in the House of Commons should therefore receive special protection. Bill C-20, as I was saying, introduces a formula under which Quebec will lose its influence and its tools for defending its language, culture and distinctiveness.

This is just the start. In fact, the 24.35% is being reduced to 23.08% even though, I should note, Quebec currently represents 23.14% of the population. In the next election and subsequent elections, if other provinces' proportion of the population increases, that number could possibly be reduced and reduced again, and it might even go below 20% in this House. Consequently, we are opposed to this formula for the simple and good reason that the Quebec nation, one of the two founding nations of Canada, has been left out and the government is simply looking at the statistics and, to a certain extent, saying that these calculations will apply only to Quebec. In fact, as I just said, this is not a factor for Prince Edward Island. Its proportional weight will be calculated according to demographics and its political weight will not be factored in.

At present, Quebec has 24.35% of the seats in this House. I would remind you that in October 2009, the National Assembly of Quebec adopted a first unanimous motion stating:

That the National Assembly demand that the Federal Government renounce the tabling of any bill whose consequence would be to reduce the weight of Quebec in the House of Commons.

Based on the July 2011 Statistics Canada population estimates, Quebec would have only 23.08% of the seats in the House of Commons whereas it represents 23.14% of the Canadian population. When it spoke for the first time about Bill C-20 and to fudge the numbers presented in its press release, the government omitted the territories. It is playing a bit with the numbers, but that does not make a huge difference to us in any event. What we must do is keep the percentage at 24.35%.

The second change—and this will probably take me to my conclusion—would be the government's decision to use preliminary data. We know that the government wants to rush everything in this House. It needs time allocation motions for almost all of its bills. Here, it is using preliminary data to say that, in terms of statistics, there will be a certain percentage, when the real purpose of the Conservatives' amendments is to ensure that the additional seats and therefore the readjustment of electoral ridings will take effect with the next election, replacing the existing process.

Two types of amendments are made to the Electoral Boundaries Readjustment Act. First, Bill C-20 reduces almost all of the time periods regarding the readjustment process for electoral ridings. So instead of waiting for certified census results, the government will set a maximum time period of six months to proceed, from the start of the census, even if the figures have not yet been released by the chief statistician. The government also wants the minimum notice period for public hearings to be reduced by half, from 60 days to 30 days, giving interested parties less time to learn about the consultations and adequately prepare.

Another amendment would complicate the public's participation in the consultations. The time period for asking to submit comments in writing has been reduced by 30 days. The electoral boundaries commissions will have two months less to produce their reports. Finally, whereas before, amendments, once completed, came into force one year after their proclamation, now the time period has been reduced to just seven months.

This is how this government does things. The government plans to use estimates to readjust the ridings rather than the real population figures. The Chief Electoral Officer will have to use the estimates made by the chief statistician to calculate the number of ridings to attribute to Quebec and to each of the provinces, rather than certified results. As I was saying, this is how this government does things.

I will wrap up now. The purpose of the second amendment is to abolish this way of doing things. Will it buy us some time? I do not know, but one thing is for certain: the debate will continue. This issue has already been debated in Quebec. In Quebec, the government and the opposition parties, whether federalist or sovereignist, unanimously agree that the political weight of the Quebec nation here in the House of Commons must not be diminished. That is what the Conservative government is trying do against all odds. It is trying to ensure that Quebec loses its weight and its voice here for purely statistical reasons.

Given the exceptions granted to other provinces, there is a double standard in the House. I do not know why the 2006 motion is not being honoured.

Motions in AmendmentFair Representation ActGovernment Orders

December 6th, 2011 / 10:10 a.m.
See context

NDP

David Christopherson NDP Hamilton Centre, ON

moved:

Motion No. 8

That Bill C-20 be amended by deleting Clause 8.

Mr. Speaker, Motion No. 1 speaks to deleting clause 1, which states:

This Act may be cited as the Fair Representation Act.

Notwithstanding that after three bills we finally have a better bill in the House, we contend that we still do not believe it truly represents fair representation in the context of Canada, certainly from a historical perspective and, most importantly, from a nation building process going forward.

The House will recall that at second reading we made the argument that the bill needed to be looked at in a great deal of detail. We had hoped that at committee we would have a legitimate give and take as I have experienced on that committee as opposed to what we see at some committees in certain circumstances where the government marches in with its majority rule and all but dictates what the committees will do.

As I do not have a lot of time this morning, I will say that I was very pleased that the process was a continuation of the fair give and take that occurs at that committee when dealing with matters of national importance vis-à-vis seats like this and when talking about changes to our election laws, and issues that go way beyond any partisan aspect that any of us might bring.

The cornerstone of our concern is that the government is missing a great opportunity to strengthen the bounds of our country. We believe that when the motion passed almost unanimously in this House stating that the House recognizes the Québécois as a nation within a united Canada that it meant something. I was privileged to be here for that vote. I felt very proud on that day because I thought in one small way we were strengthening this nation. As everyone knows, that is not always the easiest job in this country. We have stresses, as do many nations around the world. I would just point out parenthetically that certainly over the last couple of decades many nations have looked to us as a model in terms of how we deal with those stresses.

We in the NDP as the official opposition thought that was an important moment, that it meant something, and that from that we would continue to send the message to the Québécois that their fear and concern of the assimilation over time of their unique culture, which is not only unique in Canada but in North America, would be strong enough and secure enough that they could have pride for both their culture as well as being Canadians.

We in the official opposition felt that building on that was an opportunity that unfortunately the government missed in Bill C-20 because we believe that the relative strength and political weight that Quebec had at the time that motion passed should reflect the basis of the seats that it had going forward, which would be 24.35%.

The National Assembly in Quebec has chosen 25%. The Charlottetown accord had 25%. I would remind members that the 25% in the Charlottetown accord was not accepted in the referendum. It was signed on by the prime minister of the day, a Conservative, and every province and territory in the nation. The concept of there being a respectful recognition of the importance of that political weight, as it is tied to the Québécois as a nation, now recognized by this House as a part of the united Canada, makes all the sense in the world.

We could have gone with 25%. It would have been a lot easier. The Bloc was there as was the National Assembly, but quite frankly, tying it to the Charlottetown accord, that did not succeed, did not seem like the best idea.

Going with that vote, which took us to 24.35%, we felt would stand the test of time, going forward, so that 50, 100, 200 years from now, when our successors are standing here talking about the success of Canada, one of the things we could point to was the respect that we paid to that unique nation within Canada.

Unfortunately, the government has chosen not to, and the Liberals were never really clear on that part of it. They have their own idea and I will let them talk about that.

The House proceeded to the consideration of Bill C-20, An Act to amend the Constitution Act, 1867, the Electoral Boundaries Readjustment Act and the Canada Elections Act, as reported (without amendment) from the committee.

Democratic Representation ActPrivate Members' Business

December 2nd, 2011 / 1:40 p.m.
See context

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, the Liberal Party does not support the bill. I will explain why the bill is unconstitutional and impractical.

Let us begin with the first point, that Bill C-312 is unconstitutional.

In permanently fixing the percentage of seats for a province, the NDP is asking Parliament to contradict the principle of proportionate representation of the provinces in the House of Commons. This principle is well entrenched in our Constitution. We should all be proud that our Constitution affirms rep-by-pop. That is a fundamental principle of democracy.

Parliament has some leeway in how it applies the principle of proportionate representation of the provinces when dealing with the effective representation of communities and provinces that are in relative decline. In a 1987 ruling, the B.C. Supreme Court stated, “The principle of representation 'prescribed' by the Constitution does not require perfect mathematical representation...”. A year later the B.C. Court of Appeal said that what must be preserved is “the principle, not a specific formula”. That leeway has its limits. Parliament cannot run afoul of the principle of proportionate representation. That would be unconstitutional.

Section 42(1)(a) of the Constitution Act, 1982 states that to amend this principle we need the agreement of Parliament and the legislative assemblies of at least seven provinces representing at least 50% of the population, the famous 7-50 formula.

Bill C-312 mentions a Supreme Court decision of June 6, 1991, but this ruling applied to the delimitation of ridings, not to the representation of a whole province.

All democratic federations try to accommodate communities while delimiting ridings, but no democratic federation gives extra representation to a whole constitutional jurisdiction on the grounds of its culture or national character. That would be an extraordinary decision requiring a constitutional amendment that Parliament cannot do alone without the consent of its constitutional partners, the provinces. In other words, the NDP and the Bloc are asking Parliament to show disrespect for provincial constitutional jurisdiction.

The NDP and the Bloc are asking Parliament to exceed its jurisdiction regarding the House of Commons reform with Bill C-312.

The Conservatives are asking Parliament to exceed its jurisdiction regarding Senate reform with Bill C-7.

Only the Liberals are consistently respecting the Constitution. We urge all our colleagues in the House to show respect for the basic law of the land, the Constitution of Canada.

This brings me to my second point, that Bill C-312 is impractical. Bill C-312 is not only unconstitutional, it is impractical. It is so impractical that the NDP chose to not release the number of additional seats that would be required in order to fulfill all the rules included in Bill C-312. Those members well know that it would be a very large House indeed.

The first rule is with respect to equitable representation of fast growing provinces. Today, Ontario, British Columbia and Alberta are likely to be the most under-represented jurisdictions in the world of democratic federations. This is unfair for the Canadian citizens living in these provinces. Furthermore, this under-representation is now so substantial that it is likely to be unconstitutional. We need to redress this issue.

The second rule is the Senate clause, “The right of a province to a number of members in the House of Commons not less than the number of senators by which the province is entitled to be represented...”. This section of the Constitution can only be changed through our federation members' unanimous decision.

The third rule is the grandfather clause. Like the government, the NDP does not have the courage and the wisdom to revise this rule enacted by Parliament in 1985, which stops us from reducing the number of MPs representing a province.

The fourth rule is that the proportion of members from the province of Quebec shall remain unchanged from its current representation, which constitutes 24.35%.

Let us try to figure out how these rules would work together. In order to address the fastest growing provinces' under-representation while respecting the grandfather clause and the Senate clause, the government through Bill C-20, proposes to add 30 new seats. That would bring the House to 338 seats. In order to bring Quebec's share to 24.35%, six new seats would need to be added. We would be at 344 seats. Then Ontario, British Columbia and Alberta would be too under-represented again. Once we added seats for them, Quebec would need more seats to stay over the 24.35%, and so on and so forth. Even with the House at 350 seats, we would not reach a fair House with the combination of these rules.

This is for 2011. Let us imagine what it would be like for 2021 or 2031. What kind of ballooning would occur in the House? What would Canadians have to pay for it? If the NDP members claim that we are wrong with our numbers, we challenge them to release their own numbers. I bet they will not do it because they know full well that their numbers are far-fetched.

There is another reason the Liberal caucus cannot support the bill. Both the 308 seat Liberal plan and the 338 seat Conservative plan accept the rules that ensure that any currently overrepresented province does not become under-represented. However, Bill C-312 does not include this rule. Does that mean that for the NDP it would be acceptable that perhaps Manitoba or Nova Scotia would be under-represented? If so, why? Would it be because they are not nations? If this is the case, I want to hear from our colleague from Compton—Stanstead. Can he confirm that he is speaking on behalf of his NDP colleagues from Manitoba and Nova Scotia and that they are okay with the view that their provinces may be under-represented in this House since they are not nations?

Each national party has the obligation to say the same thing in English and in French through our great country. I challenge the NDP to do so on this matter, to start by releasing its numbers.

By the way, if the NDP and the Bloc thought that the motion passed in the House on November 27, 2006, meant that Quebec as a nation within a united Canada should have more weight than other provinces, since those provinces are not nations within a united Canada, why did those two parties not say so when they voted for the motion in the House on November 27, 2006?

In the meantime, we Liberals will, as always, remain consistent. In principle, we will oppose the bill because it is unconstitutional and impractical. We urge all members of Parliament to support the Liberal plan for a fair and balanced House of Commons without adding any seats. Three hundred and eight seats will suffice. Put in the proper context of what is happening in the world today, 308 seats will, in fact, work.

Democratic Representation ActPrivate Members' Business

December 2nd, 2011 / 1:35 p.m.
See context

Carleton—Mississippi Mills Ontario

Conservative

Gordon O'Connor ConservativeMinister of State and Chief Government Whip

Mr. Speaker, it is my pleasure to rise today to participate in the debate on Bill C-312, An Act to amend the Constitution Act, 1867 (democratic representation), introduced by the hon. member for Compton--Stanstead.

House of Commons representation is a subject that I am pleased to discuss, especially since addressing the significant and increasing under-representation of the fastest growing provinces is a long-standing commitment of this government and the Conservative Party of Canada.

In restoring fair representation in the chamber, our government is focused on three objectives. First, increasing the number of seats now and in the future for the faster growing provinces of Alberta, British Columbia and Ontario. Second, protecting the seat counts for the smaller provinces. Third, ensuring that Quebec's representation is proportional to its population.

On October 27, 2011, we delivered on our pledge to Canadians with the introduction of Bill C-20, the fair representation act, which seeks to update the formula allocating seats in the House of Commons in a way that is fair for all provinces. The fair representation act offers a principled approach that delivers on our government's three key representation promises. It is fair for all provinces.

The fair representation act currently before the House of Commons, and even though the bill moves every Canadian closer to representation by population, members on this side of the House are the only members who are standing up for all Canadians by voting in favour of the fair representation act.

Today, however, we are debating private member's Bill C-312, the democratic representation act, which also proposes to amend the formula for allocating seats in the House of Commons. While our government's fair representation act presents a nationally applicable formula that brings all provinces closer to representation by population, Bill C-312 cannot make the same claim. Therefore, I cannot speak in support of this bill.

Bill C-312 seeks to amend the formula in the constitution for allocating seats in the House of Commons. Taking cues from our government's legislation from the last Parliament, Bill C-312 proposes that electoral quotient for the first redistribution be set at 108,000. This reflects the approximate average riding population at the 2008 general election. Since we are now in 2011, almost 2012, those numbers are clearly out of date.

Bill C-312 also proposes to add a new rule to the formula that would provide the province of Quebec with a fixed percentage of seats based on Quebec's representation in the House of Commons when the motion recognizing that the Québécois form a nation within a united Canada was adopted. This means that, under Bill C-312, Quebec's representation would be set at 24.35% of the seats in the House of Commons.

Although I appreciate my hon. colleague's effort, I have concerns that prevent me from supporting Bill C-312. I will explain.

The primary motive of addressing representation in the House of Commons is to deal with the significant and increasing under-representation of high growth provinces. I have concerns that the bill would not adequately address the under-representation of Alberta, British Columbia and Ontario. Due to the requirement to fix the representation of Quebec at 24.35% of seats in the House of Commons, the representation for Alberta, British Columbia and Ontario would only marginally improve.

Additionally, I find that the concept of fixing the representation of a single province in the House of Commons is contrary to our constitutional history and principles. The Fathers of Confederation believed that the provinces should be proportionately represented in the House of Commons, meaning that the basis for allocating the seats for provinces should reflect their share of the population.

As a result of this belief, our Constitution provides for the proportionate representation of the provinces, which has become a fundamental principle of our democracy. At the same time, the importance of ensuring protection for slower growing provinces has been recognized through measures such as seat floors. For example, our Constitution currently provides that no province should have fewer seats in the House of Commons than it does in the Senate. While it may be that only certain provinces currently benefit from these guarantees, the protection is provided to all provinces should the situation arise.

Our position on representation in the House of Commons is clear: Any updates to the formula allocating House of Commons seats should be fair for all provinces and nationally applicable.

After reviewing the proposal set out in Bill C-312, I can firmly say that our government's fair representation act is stronger in all areas. The formula proposed in the fair representation act is a principled, nationally applicable formula that brings every province closer to representation by population, because, on this side of the House, we are governing for all Canadians, not just some provinces.

As a result, the fair representation act provides better relative representation for the faster growing provinces of Alberta, British Columbia and Ontario than Bill C-312.

Our government's proposal also provides a reasonable increase in the number of seats in the House of Commons, compared with Bill C-312. Following the first adjustment on the fair representation act, the total number of seats in the House of Commons would be 338. Under Bill C-312, it may be as high as 351 members. We make no apologies for addressing the significant and increasing under-representation of Ontario, British Columbia and Alberta but we are all conscious of the need to manage the growth of our parliamentary institutions. Growth can be responsibly managed without pitting region against region, Canadian against Canadian, while still moving every province closer to representation by population. The fair representation act would achieve both objectives.

Additionally, our government bill introduces a representation rule. This representation rule would ensure representation by population for slower growth provinces. If a currently over-represented province becomes under-represented as a result of the application of the updated formula, additional seats would be allocated to that province so that its representation is equal to its share of the population. This rule, which would apply equally to all provinces, means that Quebec would be the first province to benefit from this application. The province would receive an additional three seats in the next re-adjustment. Under the fair representation act, Quebec has 23% of the population and would have 23% of the seats in the House of Commons.

When compared to Bill C-312, the fair representation act would provide better relative representation for faster -growing provinces, would ensure protection for slower growing provinces and would guarantee that Quebec's representation is proportional to its population, all while managing the growth of the House of Commons. Simply put, the formula put forward in the fair representation act is better than the proposal we are considering today.

Democratic Representation ActPrivate Members' Business

December 2nd, 2011 / 1:30 p.m.
See context

Edmonton—Sherwood Park Alberta

Conservative

Tim Uppal ConservativeMinister of State (Democratic Reform)

Mr. Speaker, the fact is that Bill C-20 , the fair representation act, laid out very clearly how many seats each province would receive and how those seats would be distributed. After hearing the member's speech, it is not very clear how many seats the provinces would receive.

The member focused on Quebec, but I still do not have any numbers. What are the numbers? Why is he not talking about how many seats each province would receive? Why is he not being clear about the numbers?

Procedure and House AffairsCommittees of the HouseRoutine Proceedings

November 30th, 2011 / 3:10 p.m.
See context

Conservative

Joe Preston Conservative Elgin—Middlesex—London, ON

Mr. Speaker, I have the honour to present, in both official languages, the 11th report of the Standing Committee on Procedure and House Affairs in relation to Bill C-20, An Act to amend the Constitution Act, 1867, the Electoral Boundaries Readjustment Act and the Canada Elections Act. The committee studied the bill and decided to report the bill back to the House without amendment.

November 29th, 2011 / 11:35 a.m.
See context

Conservative

The Chair Conservative Joe Preston

It's on division.

We don't need to order a reprint of the bill because we haven't amended it.

That is our work on Bill C-20.

November 29th, 2011 / 11:25 a.m.
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NDP

David Christopherson NDP Hamilton Centre, ON

Okay. We're making headway.

Thank you, Chair.

I move that Bill C-20 in clause 8 be amended by replacing line 20 on page 6 with the following: “at least 75 days before the day on which the”.

That ends the amendment. May I speak?

November 29th, 2011 / 11:25 a.m.
See context

Liberal

Marc Garneau Liberal Westmount—Ville-Marie, QC

If I may, the Constitution says that the concept of proportional representation is the driving factor behind this, and we have achieved that to the same extent as Bill C-20.

November 29th, 2011 / 11:20 a.m.
See context

Liberal

Marc Garneau Liberal Westmount—Ville-Marie, QC

Am I to assume that if you keep the number at the same level you are going against the principle, when we achieve the same results as with Bill C-20? If you look at the numbers themselves, I mean, how could this be contrary?

November 29th, 2011 / 11:20 a.m.
See context

Conservative

The Chair Conservative Joe Preston

I guess the simplest answer is that the principle of Bill C-20 is to adjust the membership of the House and this amendment seeks to keep it the same. That would be quite contrary to the principle.

November 29th, 2011 / 11:20 a.m.
See context

Conservative

The Chair Conservative Joe Preston

Bill C-20 amends the Constitution Act of 1867. It amends the rules for adjusting the number of members in the House of Commons. This amendment proposes to amend those rules so as to keep the numbers of members at the current level.

The House of Commons Procedure and Practice, second edition, states on page 766:

An amendment to a bill that was referred to a committee after second reading is out of order if it is beyond the scope and principle of the bill.

In the opinion of the chair, maintaining the current numbers of members of the House of Commons is contrary to the principle of Bill C-20, so it is therefore inadmissible.

November 29th, 2011 / 11:20 a.m.
See context

Liberal

Marc Garneau Liberal Westmount—Ville-Marie, QC

You don't have to respond to it, Mr. Chair. I would like to make the point that the same proportion is achieved through this formula, keeping the total number of seats at 308, as with Bill C-20, which increases the number of seats by thirty.

November 29th, 2011 / 11:15 a.m.
See context

Conservative

The Chair Conservative Joe Preston

Well, Mr. Garneau, you are probably not going to like that Bill C-20 amends the Constitution Act 1867 to amend the rules for readjusting the number of members in the House of Commons. This amendment proposes to amend these rules so as to keep the number of members as its current level.

As the House of Commons Procedure and Practice, second edition, states on page 766:

An amendment to a bill that was referred to a committee after second reading is out of order if it is beyond the scope and principle of the bill.

In the opinion of the chair, an amendment to maintain the current numbers of the members in the House of Commons is contrary to the principle of Bill C-20 and therefore is inadmissible.

November 29th, 2011 / 11:15 a.m.
See context

Liberal

Marc Garneau Liberal Westmount—Ville-Marie, QC

Yes. Mr. Chair.

We realize that in the readjustment of the seat distribution, when we keep the number at 308 there are provinces that have increased—Ontario, Alberta, and British Columbia, obviously—and others that have not increased proportionally to those provinces. This is a way of providing a gradual change. In other words, we don't lower provinces that have decreased their population proportion disproportionately; we do it gradually. At the same time, we only gradually bring up those provinces that have increased their population. In fact, if you compare our numbers in terms of proportion, they're the same as those being proposed in Bill C-20.

November 29th, 2011 / 11:15 a.m.
See context

Conservative

The Chair Conservative Joe Preston

Certainly. Bill C-20 amends the Constitution Act—that's what it's for—by modifying the rules for calculating the provincial representation in the House. The amendment attempts to exempt the Province of Quebec from these proposed rules.

As the House of Commons Procedure and Practice, second edition, states on page 766:

An amendment to a bill that was referred to a committee after second reading is out of order if it is beyond the scope and principle of the bill.

In the opinion of the chair, the introduction of an exemption for the rules for Quebec is a new concept that is beyond the scope of Bill C-20 and is therefore inadmissible.

Will you be voting in favour of this?

November 29th, 2011 / 11:10 a.m.
See context

Conservative

The Chair Conservative Joe Preston

No.

Bill C-20 amends the Constitution Act of 1967, modifying the rules for calculating the province's representation in the House. The amendment attempts to exempt the Province of Quebec from the proposed rules.

The House of Commons Procedure and Practice, second edition, states, on page 766:

An amendment to a bill that was referred to a committee after second reading is out of order if it is beyond the scope and principle of the bill.

In the opinion of the chair, the introduction of this exemption for the rules for Quebec is a new concept that's beyond the scope of this bill.

November 29th, 2011 / 11:10 a.m.
See context

Conservative

Scott Reid Conservative Lanark—Frontenac—Lennox and Addington, ON

Maybe I'm misunderstanding something. It says here, “Bill C-20, in clause 2, be amended by replacing lines 4 and 5 on page 3”, but aren't lines 4 and 5 in clause 1 rather than clause 2?

November 29th, 2011 / 11:05 a.m.
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Conservative

The Chair Conservative Joe Preston

We'll call this to order. We are here today, pursuant to the order of reference of Thursday, November 3, 2011, on Bill C-20, An Act to amend the Constitution Act, 1867, the Electoral Boundaries Readjustment Act and the Canada Elections Act.

We're in public doing clause-by-clause on this bill.

Opposition Motion--Closure and Time AllocationBusiness of SupplyGovernment Orders

November 25th, 2011 / 10:35 a.m.
See context

Conservative

Harold Albrecht Conservative Kitchener—Conestoga, ON

Mr. Speaker, I am splitting my time with the hon. member for Macleod.

I am pleased to rise today to speak to today's motion from the member for Windsor—Tecumseh. I also want to acknowledge the two previous speakers for their good work in the House and the privilege of working with them on the procedure and House affairs committee.

On May 2, Canadians gave the Conservatives a strong, stable national majority government. Canadians expect us to fulfill our commitments to them and that is exactly what we are doing. We are moving forward on our election commitments to implement the next phase of Canada's economic action plan.

There are EI measures within this bill that encourage job creation. There is the accelerated capital cost allowance for small businesses to invest in efficient equipment. There are measures to protect law-abiding Canadians. These important measures for the safety of our communities and for the safety of our children and of our grandchildren have been stalled by the opposition. The Conservatives would also provide marketing freedom for western Canadian grain farmers, something Ontario farmers have had for decades but the same privilege has not been granted to our western colleagues. There are measures to eliminate once and for all the wasteful and ineffective long gun registry. There are measures to provide fair representation to all provinces in the House of Commons and move every single province closer to representation by population. As my colleagues across the way will know, we have MPs serving fewer than 40,000 constituents while others are serving four times that many. This imbalance needs to be addressed.

We have introduced legislation in this House on all of these important measures. However, despite the talking points being used across the aisle, not one of these measures is law yet. We have seen delay tactic after delay tactic. Each of these bills has been extensively debated in the House of Commons and at committee hearings.

As an example, let us look at Bill C-13, the keeping Canada's economy and jobs growing act. This bill would implement the 2011 budget. We on this side of the House think that the 2011 budget should be passed into law in 2011. Looking at the calendar, there is not a lot of time left before we get to the new year. The new year, 2012, is only weeks away and we still have not implemented budget 2011 because of opposition delay tactics.

This bill includes important measures from this year's budget, including a job-creation tax for small business. All of us in this House agree that small business is the economic engine of Canada. There is the family caregiver tax credit. My colleague knows first-hand how important it is to make it easier for families to care for gravely ill relatives. There is the children's arts tax credit and the volunteer firefighters tax credit. In rural and remote parts of Canada, it is important that we have recruitment and retention tools for our volunteer firefighters. There is tax relief for the manufacturing sector, as I mentioned, the accelerated capital cost allowance. The bill includes making the gas tax refund permanent. Municipalities are constantly asking for predictable funding for their infrastructure needs.

All of these measures would promote job creation and economic growth. They would help add to the nearly 600,000 jobs already created in Canada since the global economic recession. These measures were supported by Canadians from sea to sea. They were exactly what Canadians voted for when they re-elected the Conservative government on May 2, with a majority mandate. However, we know the opposition has voted against these job-creating measures. For some reason, it opposes these positive and important job-creating initiatives.

I know today's motion is about debate in this place so allow me to outline just how much debate has already been given to the next phase of Canada's economic action plan. The budget was introduced on March 22 by the Minister of Finance. Debate on the budget started before the opposition forced an unnecessary election. Following the 37-day election campaign, which was focused on the Canadian economy, we moved quickly to reintroduce the budget on June 6. That was followed by four days of debate on the budget in June before we rose for the usual summer break in our constituencies.

When we came back in the autumn, we introduced the keeping Canada's economy and jobs growing act to implement the budget. That bill was debated for four days at second reading before being referred to the Standing Committee on Finance. That committee found time amid its 2012 pre-budget consultations to study the bill. After it was reported back to the House, it was debated for three further days at third reading and report stage. All told, the job-creating measures of the next phase of Canada's economic action plan as set out in Bill C-13 have been deliberated in this House for 12 days. That does not include the two afternoons used for the spring's two budget speeches. Just to repeat, we have had 12 days of debate on these important and urgent economic measures in this House. It is time for action.

I want to turn briefly to a second major bill in this fall sitting, Bill C-10, the safe streets and communities act.

During this spring's election, our Conservative government promised Canadians that we would pass comprehensive law and order legislation within the first 100 sitting days after the election. Looking at today's order paper, I see that today is the 54th sitting day. Just yesterday, the bill was reported from the Standing Committee on Justice and Human Rights. The bill includes important measures, including proposals which would crack down on pedophiles who prey on children, and violent gangs that sell drugs to our children. These are all very important items that need to become law.

Despite some 27 hours or so of committee proceedings dedicated to clause-by-clause study and related business, we already have some 34 amendments to the bill tabled for report stage, which we will have to debate and vote on. I have no doubt whatsoever that we will see that number grow before the bill comes forward for debate on Tuesday morning.

After report stage and third reading, the bill will then go to the other place where the entire legislative process will be repeated.

It is fair to say that we are just about one-third of the way through the passing of Bill C-10 into law. One-third might sound like a breeze to some, but passing the nine predecessor bills to Bill C-10 has been anything but a breeze over the last several years and, in some cases, over three Parliaments. There have already been 95 hours of debate in this chamber alone on these proposals. In both houses there have been 261 speeches. That sounds to me to be pretty thorough debate already.

If I had a lot more time, I would go on about some of the other key priority bills of the government, such as Bill C-20, the fair representation act, and Bill C-18, the marketing freedom for grain farmers act, just to name two. Each has its own important and urgent requirements to become law this fall in order to meet timing demands driven by facts of life outside the House of Commons. Farmers need certainty before they plant their spring crops. Boundary commissions need to know what numbers they are working with, and they need to know that by February.

I cannot help but comment on the proposals set out in the motion put forward today by the member for Windsor—Tecumseh. I have to be honest; I am quite confused by the mixed messages it sends.

The NDP House leader has put forward a motion that would give the Speaker only 19 sitting days to study his proposals. The debate he contemplates following the Speaker's report would appear to last but one single solitary day. If we look at the wording of his motion, the member is basically putting closure on his own motion.

On top of that, it is totally and completely ironic that the Speaker is required by the Standing Orders to put the NDP's motion to a vote after only two hours of debate in this House. This has to be the shortest debate on any item in the House since we came back in September.

In closing, Conservative members will be voting against the motion which tries to sidestep the fact that the opposition parties are trying to stop good things for Canadians, things which Canadians voted for just six months ago. The NDP wants to stop that great progress, to stop these things from becoming law, despite thorough and extensive debate and study.

Opposition Motion--Closure and Time AllocationBusiness of SupplyGovernment Orders

November 25th, 2011 / 10:05 a.m.
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NDP

Joe Comartin NDP Windsor—Tecumseh, ON

moved:

That, in the opinion of the House, the thorough examination and debate of proposed legislation on behalf of Canadians is an essential duty of Members of Parliament, and that the curtailment of such debate limits the ability of Members to carry out this duty and constitutes an affront to Canadian democracy; and, therefore,

that the Speaker undertake a study and make recommendations to amend the Standing Orders with respect to closure and time allocation, such that: (i) a Minister would be required to provide justification for the request for such a curtailment of debate; (ii) the Speaker would be required to refuse such a request in the interest of protecting the duty of Members to examine legislation thoroughly, unless the government’s justification sufficiently outweighs the said duty; (iii) criteria would be set out for assessing the government’s justification, which would provide the Speaker with the basis for a decision to allow for the curtailment of debate;

that the Speaker report to the House no later than February 6, 2012;

that a motion to concur in the said report may be moved during Routine Proceedings, and that only when no Member rises to debate the motion, the Speaker shall interrupt any proceedings then before the House and put forthwith and successively, without further debate or amendment, every question necessary to dispose of the motion; and

if no motion to concur in the report has been previously moved and disposed of on the 20th sitting day following the presentation of the report, Standing Orders 57 and 78 shall be deemed to have been deleted.

Mr. Speaker, this motion has been brought before the House at this time because of the government's gross overuse of shutting down debate in the House, whether it is by a formal closure motion, which shuts down debate immediately, or by time allocation motions, which provide extremely limited time for debate on crucial issues facing both the House and the country more generally.

It is important that we recognize the effect of the motion. It is not that you, Mr. Speaker, need a greater workload, but that is the thrust of the motion. The motion would remove a government's unilateral ability to shut down debate in the House and would allow the Speaker, as an independent officer of Parliament, to make the decision as to when it is appropriate to curtail debate and when it is an abuse of the process. Therefore, a request for curtailment of debate could in fact be rejected by the Speaker of the day.

I have done some analysis of other jurisdictions that have similar parliaments to ours, such as the United Kingdom, New Zealand and Australia. Going back some 20 or 30 years, all of them moved to provide greater authority to the speaker to regulate when debate should be curtailed, limited or ended. In each of those parliaments, it is quite clear that it is the speaker who ultimately makes the decision in that regard.

The authority is different in each of those legislatures but the general wording and conduct of the speaker has always been: Is the request for curtailment or ending debate an abuse? Oftentimes the term “of a minority segment of that parliament” is used. It may be a large official opposition or it may be a small third, fourth or fifth party, but the speaker has the authority in each one of those parliaments to make the determination as to whether the request by the government to end or limit debate is an abuse of the rights of the members of Parliament.

I will move on to the context in which this motion is being put forward.

In less than two months of sitting days, we have had time allocation applied to Bill C-13, the budget bill, which was 640 pages long. We were given extremely limited time to debate it. It is the only time, that we have been able to determine, in the history of this country that such a limited amount of time has been given to a budget bill. I know the government House leader said that we had some debate on this in the previous Parliament. However, we have 100 new members of Parliament who were not here and had no opportunity to debate this in the last Parliament.

It is fundamental to our process that a budget bill be given a full extensive debate. We can go back to any number of the authorities where that is repeated over and over again, and not just in this legislature, but in every legislature that works off the Westminster model.

We then had Bill C-18 dealing with the Canadian Wheat Board. This is an institution that is well over 70 years of age. It is iconic in this country. However, on two occasions, at second reading and report stage, we were again slapped with time allocation.

The Wheat Board and the farmers in western Canada were entitled to that debate. The opposition should have been given time in both the House and in committee to deal with that issue. We were given extremely limited time given the significance of what was going to happen if the bill passed, especially when the majority of farmers in western Canada, who use the Wheat Board to sell their wheat, oppose the bill. However, again we were slapped with time allocation on two occasions.

Bill C-10, the omnibus crime bill, is made up of nine former bills brought together. Again the House leader said that we had time to debate this legislation. More than 100 new members did not have time to debate this extremely complex bill because they were not here in the last Parliament.

The Conservatives have accused the opposition of delaying this legislation. On more than one occasion, the NDP has offered to take the part of the bill that deals with crimes against children, sexual predator type crimes, and run it through at all stages. It already passed through the House once before, so we were quite comfortable in having that done. On the more than one occasion that we offered that to the government, it refused and then slapped time allocation on the balance of the bill.

It was the same thing with Bill C-19, the gun control bill. We were given extremely limited time to debate an issue that is topical and very controversial. As the debate has gone on, more and more evidence has come out around reasons to not do away with the long gun registry. There was no opportunity to debate that legislation in the House to any significant degree.

Finally, Bill C-20, the seats bill. The bill proposes to make significant changes to the composition of this Parliament and again we are being limited to a significant degree in our ability to deal with it. I sit on the committee that is looking at the bill and the same thing is happening there. Extreme limitations are being placed at committee with regard to the number of witnesses we are allowed to call.

It just boggles my mind when I try to understand what is going on, and I think I am reasonably intelligent in terms of understanding it. It is a complex process that is being engendered now and it is new. It is not what was here in the last Parliament at all. The bill is a new incarnation of the process. It would make a very significant change and we are being given nowhere near the amount of time that we will need.

If we continue with the practice as it is right now, Bill C-20 will be out of committee and back before the House either by the end of next week or early the week following, when we have limited time to debate it here in the House and limited time in committee. The same can be said about the other four bills that I just mentioned. They all have had limited time in committee.

That is the context that we have. We have a precedent, if we want to put it that way, in other legislatures.

Mr. Speaker, I will be sharing my time with the member for Louis-Saint-Laurent.

As I said earlier, we have this other precedent. If the bill passes, it will mean more work for the Speaker of this Parliament and subsequent Speakers. However, we need to find a much more proper balance in terms of our ability as opposition members to do our job. Our responsibility here is to determine whether legislation coming from the government is appropriate but we are not able to do that in the amount of time that we are being given at this point. We need to take the government's ability to limit time and place it in the hands of an independent member and, in this case, that would be the Speaker and his successors.

Copyright Modernization ActGovernment Orders

November 24th, 2011 / 12:45 p.m.
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NDP

Djaouida Sellah NDP Saint-Bruno—Saint-Hubert, QC

Mr. Speaker, I wish I knew what the Conservatives have against this country's workers. After the tax cuts to large corporations, the subsidies to oil companies and all the inappropriate expenditures for the G8 and the G20—always with Canadian taxpayers' money—the government now wants to target our artists' income.

Many of the artists we love, admire and appreciate are not rich. The majority of them have a very modest income and, because of the nature of their occupation, it is not a stable income. They must accept contracts and work at many jobs to provide for their needs and those of their family.

In Quebec, the average income of artists is estimated at $24,600 per year, based on the 2006 census data. We are talking about $24,600 to pay for rent, food and transportation, to send one's children to school and look after their needs. That amount must also cover heating costs and the material needed to create. What makes things even worse is that, with an annual income of $24,600, Quebec artists are considered to be the richest in Canada. That same year, the average income for artists in Canada was estimated at $22,700 per year.

These numbers reflect the reality of our actors, painters and singers. Our artists are struggling to make ends meet. While all the evidence should convince the government to provide increased support to our creators, it prefers, as in Bills C-10 and C-19, to ignore the facts and please the cultural industry's big businesses. This bill is going to hurt artists and make them poorer. And they certainly cannot afford that.

The Union des artistes is worried about its members' income and so are we on this side of the House. How can artists continue to create if they do not have the means to do so? Copyright royalties are an important source of income for Canada's creators. This government must ensure creators receive their fair share and are paid for their work.

I wish this government would take out its earplugs and start listening to the Society of Composers, Authors and Music Publishers of Canada, which is asking that the bill be amended so that artists are compensated fairly for the use of their creative work in the new media.

I also wish it would listen to the Society for Reproduction Rights of Authors, Composers and Publishers in Canada, which is telling it that this bill is going to have a significant impact on creators' income and that it needs to be amended in order to strike a balance between the interests of creators and those of consumers. Unfortunately, as with Bills C-10, C-13, C-18 and C-20, this government prefers to turn a deaf ear.

Passing this bill would have a very negative impact on our country's cultural industry, and it would have a direct impact on creators' income. Moreover, many people are worried about producers and publishers, who would not enjoy the same protection as holders of scientific patents.

We are not stupid. Canada's copyright laws need to be reviewed. Former Bill C-32 was reviewed in committee, but the Conservatives chose yet again to ignore the recommendations made by the witnesses who appeared before the committee.

This bill could potentially create more problems than it solves. That is why I cannot support it in its current form. Even the Union des artistes finds that some of the wording is ambiguous and that court challenges are inevitable. For example, they cite the concept of fair dealing for the purpose of education and that of reasonable grounds.

Why is this government still refusing to listen to opinions that differ from its own? Why does this government not want to work with all the players involved in copyright in order to reform it properly and adapt it to the reality of the 21st century? Such stubbornness would not be so bad if Canadians did not have to bear the consequences of the government's bad bill. Copyright in the digital age has to build on two fundamental principles: accessibility for consumers and remuneration for the artists.

Unfortunately, the Conservative government has not respected either principle. It is directly compromising the millions of dollars in royalties artists receive under current copyright legislation, and it is encroaching on consumer rights by adopting provisions on digital locks.

The fact is that this bill gives consumers rights they will not be able to exercise. The general provisions on digital locks will allow the companies to decide which legal rights can be exercised and which cannot. This unbalanced perspective will end up harming artists and educators. That is also quite worrisome.

I urge this government, the Minister of Industry and the Minister of Canadian Heritage and Official Languages, to review this bill in light of what was said in committee during consideration of the now defunct Bill C-32 and to listen to what the artists have been trying to get across, in order to ensure that this copyright reform is balanced and beneficial to everyone.

November 24th, 2011 / 12:40 p.m.
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Conservative

Tom Lukiwski Conservative Regina—Lumsden—Lake Centre, SK

So let's make sure that we're all onside with that.

I think that's a big change from what the impression was around this table. Based on what I've just said, which you've agreed is the case, I believe there is adequate time.

Secondly, in response to a question by Monsieur Dion, I would point out that even though you may not have been consulted personally, the former Chief Electoral Officer, Mr. Kingsley, who wrote a report after extensive consultation, said these timelines were the ones that were recommended after consultation. It's unfortunate, perhaps, that you weren't personally consulted, but Mr. Kingsley did indicate to this committee that there was extensive consultation with the people involved in the process. From that I can only take it that he consulted some of the commissioners other than you. And the recommendations put forward in that report were also supported by the current Chief Electoral Officer, who said that he would be able to achieve all that was necessary with respect to Elections Canada's work within the timelines proposed in Bill C-20.

I'd like to get your comment on that, please.

November 24th, 2011 / 11:55 a.m.
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Conservative

Harold Albrecht Conservative Kitchener—Conestoga, ON

My concern goes back to the discussion we've had around this table for a number of meetings now, that if you take an MP who is representing a rural or an urban riding and that MP has 170,000 constituents to serve, he or she cannot effectively represent them even though they may have only five hours to debate in the House of Commons in any particular month.

So I think Bill C-20 has in fact found the balance, recognizing the MP's need to speak in the House of Commons on issues that are important to constituents but at the same time saving the MP's time within his or her riding to effectively meet the constituents as well.

November 24th, 2011 / 11:20 a.m.
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Conservative

Tom Lukiwski Conservative Regina—Lumsden—Lake Centre, SK

Thank you very much, Mr. Chair.

Thank you all for participating, particularly those of you who are participating via teleconference.

We've heard from a number of different witnesses over the last couple of meetings a number of different suggestions as to how effective representation by population should be enacted. We have certainly not found unanimity in the proposals we've heard. I would doubt that we're even close to getting a consensus. I'm not going to stray into that territory right now, but I want to ask all of you to comment on timelines.

What I mean by that is that regardless of what the final composition of Bill C-20 is, there will be boundary changes forthcoming. That in itself of course causes a lot of challenges to parties, because if seats are added, additional riding boundaries will have to be made. That poses problems such that the money that was held in one riding by an EDA will now have to be shared with another riding, because a portion of the one riding is now split. New EDAs will have to be formed; new boards of directors will have to be formed; candidate searches will have to be performed. I would suggest that once or twice we may even run into a situation in which an incumbent MP is actually going to be residing in a new riding. What happens then? Will the incumbent be considered to be grandfathered into the old riding in which he now no longer resides, or would he have to run in the new riding?

All of these are questions that individual parties will have to determine. It is they, of course, who will make the final recommendations to work out the logistics of boundary redistribution.

With all of that work in front of the parties, my question to all of the party representatives here today is, do you feel that if Bill C-20 is passed with the timeline recommended by both the Chief Electoral Officer and the former electoral officer, that is, to have legislation passed prior to February of next year, your parties will have adequate time to do the type of organizational work required?

Perhaps we will start with Madame Vallerand, and then we'll go to our guests via teleconference.

November 24th, 2011 / 11:05 a.m.
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Conservative

The Chair Conservative Joe Preston

Let's call the meeting to order.

We are here today looking at Bill C-20. We are public and have some witnesses testifying today via telecommunications from Whitehorse and Montreal. We have some technical difficulties, but we're going to try to work through them.

We have from Whitehorse, John Streicker, from the federal council of the Green Party. Mr. Streicker, we will go with you first and see how it works.

Do you have a bit of an opening statement for us? Let's try to keep that to five minutes or less. Let's go ahead and see how it works and then we'll know from that how the rest are going to go.

Please go ahead.

Senate Reform ActGovernment Orders

November 22nd, 2011 / 12:35 p.m.
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Bloc

André Bellavance Bloc Richmond—Arthabaska, QC

Mr. Speaker, I am pleased to take part in the debate and give the Bloc Québécois’s opinion on Bill C-7, the Senate Reform Act.

No one in the House will be surprised to hear that the Bloc Québécois is of the opinion that we can do without the Senate and that we should just abolish it.

The Senate is an archaic institution. I heard members of other parties describe it as such earlier. I know that, in the House, we cannot denigrate the other chamber. However, I do not think that it is a form of denigration to say that, today, in a democracy, it is completely useless to spend so much money and have 105 senators who simply redo the work that was already done by legitimately elected people. That is the big difference. In fact, the House of Commons, with its 308 members, makes decisions and passes all sorts of legislation while following the procedure that should normally be followed here, which involves first, second and third readings. That being said, with the current Conservative government, this procedure is not being followed at all because the Conservatives are imposing time allocations for almost every bill.

In the beginning, the Senate, whether it was at the federal or provincial level, was put in place to protect certain territories. However, over time, the Senate became a place where the Prime Minister appointed friends to ensure a majority. That is what the current Prime Minister promised not to do but, when he had a minority government, he saw that he could change things by appointing Conservatives to the Senate to have a majority there. He broke his promises. He made a series of very quick appointments so that the Senate would have a Conservative majority. The Senate has thus become a very partisan place. I do not say this to insult the senators. Some are doing the best they can and are doing their work honestly.

I think that almost everyone, at least in Quebec, agrees that we could easily do without the Senate since the House of Commons operates in a completely democratic way with 308 people who, for the most part, campaigned and were elected democratically by the public, which is not the case for senators.

Of course, Bill C-7 seeks to ensure that senators are elected. However, in my opinion, the Conservative government is trying to do indirectly what it cannot do directly. It wanted an elected Senate and it made this an election promise. In fact, this goes back to long before the current Conservatives. At the time of the Reform Party, they also wanted an elected Senate. However, they realized that constitutional changes and consultations with the provinces would be necessary to achieve that goal. So they decided to resort to this process and basically tell the provinces they could hold elections and the federal government would then decide whether or not to accept the results of those elections. This is completely ridiculous.

I believe the government introduced Bill C-7 thinking it could avoid consulting with the provinces. Personally, I think that is the major problem with this bill.

So we are witnessing a Senate reform and also a House of Commons reform, since there is also Bill C-20 dealing with representation in the House of Commons. These two bills will weaken Quebec's position within federal political institutions. We know that, with Bill C-20, the government wants to diminish the political weight of Quebec in the House. As for the Senate, we know that Quebec does not agree with the government's way of doing things, but the government wants to have its way nevertheless.

The Bloc Québécois feels that the job of senator is increasingly becoming a reward given by the Prime Minister to political friends. The Senate as an institution is less and less useful to democracy. We are saying that the Senate should be abolished. As members will see later on in my speech, I have a survey which shows that Quebeckers fully support abolishing the Senate.

I remind the House that Quebec's long-standing position is that any change to the Senate must be made with the agreement of Quebec and the provinces. Quebec is not the only one to hold this view since the government began trying to introduce a bill to reform the Senate.

We can go all the way back to the late 1970s. The Supreme Court of Canada looked at the power of Parliament to unilaterally change the constitutional provisions dealing with the Senate. In its decision, the court ruled that decisions regarding major changes affecting the fundamental nature of the Senate cannot be taken unilaterally.

That could not be more clear. The House does not always agree with the decisions of the Supreme Court, but we must abide by them. With this ruling, the Supreme Court spoke loud and clear:

Changes to the powers of the Senate, the method of selecting senators, the number of senators to which a province is entitled, or the residency requirement of senators can be made only [in consultation with Quebec and the provinces].

That could not be more clear. In 2007, Benoît Pelletier, a former Quebec minister of intergovernmental affairs, a renowned teacher and constitutional expert respected by all Quebeckers, both federalists and sovereignists, reiterated Quebec's traditional position by stating that the Government of Quebec believes that this institution does not fall exclusively under federal jurisdiction. In a press release dated November 7, 2007, which I will table in a moment, this former minister said:

Given that the Senate is a crucial part of the Canadian federal compromise, it is clear to us that under the Constitution Act, 1982, and the regional veto act, the Senate can be neither reformed nor abolished without Quebec's consent.

He said it a number of times, on television and elsewhere. Benoît Pelletier has credibility in this matter. The same day he made that statement, Quebec's National Assembly unanimously passed the following motion:

That the National Assembly of Québec reaffirm to the Federal Government and to the Parliament of Canada that no modification to the Canadian Senate may be carried out without the consent of the Government of Québec and the National Assembly.

Much earlier, the same position was taken by Robert Bourassa as well as Gil Rémillard, a constitutional expert who was a minister and my professor, although that is nothing to brag about. In any case, he certainly had a great deal of credibility.

In 1989, Robert Bourassa said that he did not want to discuss Senate reform before the Meech Lake accord was ratified. In 1982, Gil Rémillard said that the signing by Quebec of an agreement involving Senate reform would depend on the results of negotiations on the concept of a distinct society, the division of powers and the federal spending power.

Regardless of their party, all elected representatives in Quebec agree that the federal government should not make any changes without the permission of the provinces, and of Quebec in particular, in the examples I just gave.

In 2007, Quebec's Liberal government took part in the Special Committee on Senate Reform. In its brief it stated:

The Government of Quebec is not opposed to modernizing the Senate. But if the aim is to alter the essential features of that institution, the only avenue is the initiation of a coordinated federal-provincial constitutional process that fully associates the constitutional players, one of them being Quebec, in the exercise of constituent authority.

The Government of Quebec, with the unanimous support of the National Assembly, therefore requested the withdrawal and/or suspension of various bills that were introduced by the Conservative government over the course of previous sessions, including Bill C-43, which had to do with elected senators. It also requested the suspension of proceedings on Bill S-4—which became Bill C-19, then Bill C-10—which had to do with term limits, so long as the federal government was planning to unilaterally transform the nature and role of the Senate.

Bill C-7 raises the same problem and it clearly shows that the government wants to act unilaterally.

I would like to quote a poll on the Senate conducted by Leger Marketing in 2010. It said, “The majority of Quebeckers think that the Senate has no worth in its current form and even more Quebeckers are in favour of abolishing the Senate.”

I encourage all members of the House to consider the opinion of the Government of Quebec, of the other provinces and of Quebeckers in this poll, to truly understand that the government cannot act unilaterally here.

November 22nd, 2011 / 12:20 p.m.
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Dr. Louis Massicotte Professor, Department of Political Science, Laval University, As an Individual

Thank you, Mr. Chair.

It's a pleasure for me to participate in your work, which deals with an issue I have been interested in for a long time. I followed from afar the 1974 reform, which produced the terrible amalgam formula. I was an undergraduate student at that time. I followed the 1985 reform much more closely. I was then a research officer at the Library of Parliament, and I was assigned to two parliamentary committees that studied that formula. I also appeared before your committee in 1994 when Parliament, in its wisdom, tried to put an end to the ongoing redistribution process. In addition, I also conducted a study more recently on electoral redistribution and Quebec for a focus group on federalism.

My opinions will not necessarily be shared by everybody around the table. My only defence, as the late Senator Forsey would have put it, is that whenever somebody honours me by requesting my opinion, he is in great danger of getting it.

I myself would prefer that the current formula for allocating seats be maintained, at least when it comes to the redistribution following the 2011 census. I think there are two advantages to maintaining the status quo. First of all, the current formula provides for a moderate increase in the total number of seats. That's a great improvement over what we had in the past. Second of all, that formula was not too bad for Quebec. It did not single it out on the basis of its cultural difference alone.

However, like everyone else, I recognize that this formula penalizes the three growing provinces significantly, a disadvantage that is likely to increase and is now deemed to be unacceptable by those provinces. It is also rather considerable compared with what is seen in other federations. The seven declining provinces have been unable to join forces to protect the advantage they gained through that formula.

Bill C-20 proposes a new level of interprovincial fairness in terms of representation. As it's been mentioned, the bill manages to do that by increasing the total number of seats considerably—by 30. I will discuss those two elements in succession.

When it comes to the proposed redistribution among the provinces, I feel that Bill C-20 is an improvement over the two related bills the government had previously introduced.

Henceforth, there will be three categories of provinces. The three growing provinces will remain under-represented, but to a lesser extent. The six declining provinces other than Quebec will continue being overrepresented, but to a lesser extent. As for Quebec, it will be represented in proportion to its population. That way, it can avoid becoming the only declining province to be under-represented. Any other province in the same situation will be treated in the same way.

Therefore, overall, we would be moving toward fair representation for Canadians, but not at Quebec's expense. That province is not to blame for most of the current unfairness.

Others are calling for Quebec's representation to be frozen at 25% of the total, or the level it is currently at. The motivation behind that request is the fact that a motion of the House of Commons recognized Quebec as a nation in 2006, and that a nation is given special treatment because of its status.

Personally, I'm uncomfortable with that kind of an approach. My research has made me realize that I'm not alone in feeling this way, as I have not seen similar special treatment in other democratic federations, even those that are multilingual or have a somewhat multinational nature.

I'm now getting to the second element, the proposed addition of 30 seats to the current 308. That's a considerable increase. If we do the math, that increase would be the most significant one, in real numbers, in House of Commons history. You may recall that the 1974 formula, also known as the amalgam formula, was dropped after being used only once precisely because it involved significant increases.

According to a proposal made public last Friday—and I will refer to it as formula 308 in order not to make it too personal or give it partisanship undertones—it would be possible to reach an almost identical level of interprovincial fairness as the one proposed in Bill C-20, but without adding 30 seats.

In my text, I had looked into that approach without achieving results I would consider to be satisfactory. Therefore, I was very skeptical and critical in my study of the proposal known as formula 308.

After some thought, I agree that you should give that proposal some serious consideration. I think it's a worthwhile solution. I had some concerns, especially when it comes to how Quebec would fair under that formula. I see that Quebec has not been forgotten and that a positive aspect of Bill C-20 has been carried over. I was also worried about Manitoba and Saskatchewan. However, I see that they are covered by the 15% clause. I think this solution should be explored.

In closing, I have a comment about the population figures that were chosen as the basis for the redistribution. That's something that was not covered by those who spoke before me.

Bill C-20 breaks with Canada's political tradition, despite that tradition having been followed in the two previous bills introduced by the government. In its readjustment of provincial representation, this bill uses—for the first time—population estimates or population projections prepared by Statistics Canada, instead of census figures.

You should know that, based on the 2001 and 2006 data, the projections will slightly decrease Quebec's portion and increase Ontario's portion of the total. This decision by the government seems to suggest that the census figures are unreliable for establishing the representation of each province, but that those unreliable figures will be used to draw constituency boundaries. I am not against that change, but I think it needs to be justified more adequately.

Thank you for your attention.

I'm willing to answer your questions in either language.

November 22nd, 2011 / 12:15 p.m.
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Dr. Ned Franks Professor Emeritus, Department of Political Studies, Queen's University, As an Individual

Thank you.

As often happens amongst the professoriate, I'm not going to agree with everything my friend Ken Carty says here.

I will begin by saying that I don't get excited about this growth in the House of Commons. I think there has to be a cut-off.

I apologize that I didn't have time to get my paper to you in time to be translated and distributed, but let me just read a few figures. New Zealand has a population of four million-plus, with 122 MPs and about 36,000 citizens per member. The United Kingdom has 62 million people, with 650 MPs and about 96,000 members per constituency. Canada has roughly 33.5 million people, with 308 members and close to 109,000 per member. Australia has 22.8 million people, with 150 members and 151,000 constituents per member. India has 1.210 billion people, with 552 members and 2.2 million constituents per member. Canada, under Bill C-20, would have 338 members, and that's 99,075 per member.

I don't look at that issue as a question of the cost of finding offices for MPs. I'm sure they can work out of their hotel rooms, as we professors do. But I want to suggest that with either Bill C-20 or things as they currently stand, Canada is within a zone--10% or so--larger than the British. That in my mind is about as high as I would like to see the number of constituents per member go, to address the question that was raised earlier about constituency business.

Constituencies vary enormously in the amount of business they have, depending on whether they're urban or rural; whether they're downtown or suburban; whether there are immigrants or not; and how many old age pensioners they have—and, for Kingston, how many penitentiaries there are. That's fine, but I would be concerned if Canada had 150,000 citizens per member like Australia, because I think you would get to the point where constituency business would be either neglected or too difficult.

I'm comfortable with the 308 seats we have now. I'm comfortable with 338 or 350, but I simply can't get excited about it. At the time of Confederation in 1867, there were fewer than 20,000 people per MP, and only a few thousand of them had the vote. We've come a long way since then. Fortunately we're not like India. We would have 15 members in the House if we had India's proportion. But that's a totally different system. I've done some work in India, and I've been astonished at the way the Lok Sabha works there.

The distribution of seats between provinces and territories is not based on rep by pop, as we very well know. We have what I call “legacy seats” in the eastern provinces of Newfoundland and Labrador, Nova Scotia, P.E.I., and New Brunswick. They are over-represented, and as far as I can see, they will be unless they all agree with the rest of the provinces of Canada to change the Constitution.

I want to point out some of the anomalies there. If we had representation across Canada on the same basis as P.E.I., we'd have more than 900 members of Parliament. If we had it on the basis of New Brunswick, we'd have close to 450. I don't advocate equal size based on the size of the maritime provinces to begin with. So I think we have to accept that we have anomalies. The northern territories I accept again.

I asked in my paper whether there were other grounds, such as the costs, the size of the House, the size of constituencies, etc. I don't get excited if Canada grows. I have a terrible feeling that we all feel that at some time—usually in the past—we lived in a golden age and that things have gone downhill ever since, but I don't feel that's happened to Parliament. In many ways, it's a far better place than it was when I first started looking at it in the 1950s, especially in terms of constituency work and the committee work of the House. I do not believe costs should be a major factor in determining the size of the Canadian House of Commons. The costs of Parliament are minuscule in comparison with the rest of government, and we have to ask what price we want to pay for democracy.

The last question I asked in the paper was whether the process of reaching and considering this legislation has been fair, open, and thorough. My own answer—and the government members are welcome to disagree with me on this—is that we've had a three-stage process. First, it's been about Alberta and British Columbia; second, about making additions for Ontario; and third, about making additions for Quebec. Then when I look at the materials I find on the web explaining this, I found an enormously complicated formula, which I don't even want to understand, that explains how we got to this point. I don't believe that's how we got there; I think we got there through a process of the government making a proposal, people reacting, and then it making another proposal. We have wound up in a good place, but having started my career as an engineer, I would want to suggest that normally in science, the formula comes first and produces the answers. What we've done here is produced the answers and then created a formula, so I don't really trust it, and I don't care whether it's good or bad—but it is irrelevant for this discussion.

Thank you.

I have one more thought. I am somewhat disturbed that this piece of legislation was rushed through Parliament with no public consultation before it got here and that there's a fairly strict time allowance for its discussion. I say this because our democratic processes are the core of the country.

Thank you.

November 22nd, 2011 / 12:05 p.m.
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Professor of Political Science, University of British Columbia

Dr. Kenneth Carty

Thank you very much, Mr. Chairman. I'm sorry I can't be with you in person, but time and distance make that impossible.

Let me say why I have some credentials on this subject. I have been a professor of political science at the University of British Columbia since the 1970s. During that time, I have actually had a good deal of hands-on experience with the issues of Bill C-20.

Initially, I started working for the British Columbia ombudsman on the legal issues, and then for the Fisher royal commission that ultimately led to the initial court cases on the constitutionality of boundary changes. Then I was a senior member of the research team for the Lortie commission, that is, the Commission of Inquiry on Electoral Reform and Party Financing. Then I was appointed by the Speaker of the House of Commons to be an electoral boundary commissioner for British Columbia during the last go-round. Since then, I have worked for the citizen assemblies in British Columbia, Ontario, the Netherlands, and New Brunswick.

I understand the aims and goals of Bill C-20and its intention to provide for proportionate representation in the House of Commons. I think it's an admirable goal, and all reasonable democrats should endorse it. After all, it seems to me that there's no reasonable or valid justification for several of the country’s provinces to be continually underrepresented and for their votes to count less in the selection of our governments than others'.

Certainly, as a boundary commissioner, I heard a good deal from ordinary citizens at hearings about how they thought the system was unfair and biased against their province and their community. However, I must say, despite my admiration for the determination of the government and the House to move to correct the imbalances that now exist in the patterns of representation, I have serious reservations about the way you're proposing to go about it and about what the bill proposes for rectifying this situation.

Let me put it this way. When I first started teaching Canadian politics at UBC in 1974, there were 264 members of Parliament. Then in 1979, the number jumped to 282. In the 1988 revision, the number increased again, this time to 295. In the 1990s there was another redistribution, and that led to 301 MPs. And then, after the 2004 redistribution, the number climbed to 308. Over the three decades I've been teaching my students about the House of Commons, it has grown by 44 members, which is almost a 20% increase. Now, as my teaching career is about to come to an end, there is a proposal to add another 30 MPs. to bring the total to 338. That is an increase of 74 MPs, almost 30%, just over the years I have been teaching at UBC.

One other thing promised by the bill is that the number will grow again after the next census and will grow again in the census after that. For each census after that, there will be this continual growth.

I want to propose to you that the time may have come to stop this endless growth. Our national House of Commons is now more than twice the size of that of our Australian cousins, and I find it difficult to think how we can justify this continual growth.

We know why it continues to grow. It does so because this appears to the easiest way out of the redistricting controversies and claims for representation that are inevitable in this important rebalancing exercise you're engaged in. We, after all, pretend that no province has really lost anything, even as their proportion in the House continues to shrink. The 10 seats New Brunswick has in the proposed 338-member House of Commons are not going to be worth the same as the 10 members of Parliament they had in the 264-member House when I was an undergraduate at the University of New Brunswick. Their role has, in fact, shrunk—although by not changing the number, we pretend that it hasn't.

What is really important, of course, is not the absolute number but the democratic principle of proportionate representation. I think it's time for members to take the bit by the teeth and make some hard decisions.

Seventeen years ago, the member of Parliament for Calgary West spoke out in the House, arguing that the House didn’t need to grow any larger than it was, and I think he was right then. There were only 295 MPs that year. I can’t imagine what that member, Stephen Harper, who is now, of course, the Prime Minister of the country, thinks of Bill C-20. The bill proposes a House of Commons that's going to have 43 more members than he thought were necessary in 1994.

I believe it is important for this committee to ask when all of this continual growth is going to stop. By ignoring the question, of course, you guarantee that the House is going to continue to grow indefinitely every 10 years.

Of course, to provide for proportionate representation, we're going to need to accept that the territories and very small provinces like Prince Edward Island have a Senate floor. But they account for only a very small number of seats; the rest of the House can be organized proportionately without growing it.

But--and of course there is a but, and it's an important one--we'll have to accept that the so-called grandfather clause is the problem. It's the reason for the endless growth. If we do away with the grandfather clause, we can produce a result in proportionate terms very much that like that envisioned by Bill C-20, and make sure that we're not going to be doing this again and again every decade and that the House will continue to grow endlessly.

My recommendation to this committee would be say that the House ought to stay at its current size. We're not going to grow any longer. Some provinces would lose seats under that kind of arrangement, however you worked out the mathematics. Under the proposed bill, seven of them are going to see their relative share of seats in the House of Commons shrink anyway. All but Alberta, British Columbia, and Ontario are going to have a smaller share under this bill; only they are going to have more.

So I urge you to be the members who face up to what I think is the foolishness of the grandfather scheme that condemns us to an increasingly and endlessly growing House. It was, after all, a rule only invented by the members of Parliament in the 1980s, and I think it's your challenge to decide that it's a rule that hasn't served us well and that it's time for you to create your own rule.

No doubt there will be some outcry against such a determined and quite sensible action, but it won't come from ordinary voters. I predict they'll salute the members of the House who put an end to this endless growth.

Thank you, Mr. Chairman, and members of the committee.

November 22nd, 2011 / 11:55 a.m.
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Professor, Department of Political Science, University of Western Ontario, As an Individual

Dr. Andrew Sancton

I would like to make a quick defensive comment, as an electoral boundaries commissioner for Ontario. When we're talking about the population in Brampton West, or these ridings, I wish people would look at the populations as they were in 2001, not as they were in 2006, or as they are in 2011. The point is, we drew those boundaries equal in population back in those times. That's why we're having another process to fix them. We would be doing that even if you were not debating Bill C-20.

It is true that in northern Ontario, we made special provisions. It's also true that in Prince Edward Island, they have many smaller constituencies. You cannot do anything about that. That's entrenched in the Constitution, which cannot be changed unless you have unanimous agreement of the provinces. What I'm asking you to do is to fix the things that you can deal with. You can make it more equal. The electoral boundaries commissions will make the individual constituencies more equal the next time around.

November 22nd, 2011 / 11:45 a.m.
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Fellow, Mowat Centre, University of Toronto - School of Public Policy and Governance

Michael Pal

I did some numbers on that.

In 2021 prior to redistribution, using StatsCan projections, which of course are projections, Ontario would have about 123,000 people per riding; Alberta, just under 123,000; and British Columbia, 134,000, whereas the rest of the provinces would be at just a bit above 81,000 or 82,000. After the redistribution those numbers get better under C-20. They average about 120,000 or 122,000 in the three fast-growing provinces. If you keep 111,000 as the quotient, then the average riding population will be about 110,000 or 111,000 for those three provinces. It's still quite a large gap, but it's closer under the formula that we're proposing at the Mowat Centre than it would otherwise be. If we keep the 279 formula, C-20 is a big improvement. We're suggesting further refinements to that formula if the goal is to enhance rep by pop.

November 22nd, 2011 / 11:45 a.m.
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Conservative

Scott Reid Conservative Lanark—Frontenac—Lennox and Addington, ON

I mean if we don't act with a future version of C-20 and further adjust the formula.

November 22nd, 2011 / 11:45 a.m.
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Fellow, Mowat Centre, University of Toronto - School of Public Policy and Governance

Michael Pal

Do you mean that if Bill C-20 were not passed?

November 22nd, 2011 / 11:10 a.m.
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Michael Pal Fellow, Mowat Centre, University of Toronto - School of Public Policy and Governance

Thank you very much for having me here today.

Merci de m'avoir invité.

I'm going to talk about two main things in my brief remarks here: first, about the positive steps forward that I believe Bill C-20 is taking, and second, to raise a couple of possible amendments or other reforms that Bill C-20 does not fully address, in order to further the value of representation by population.

To get to the areas where I believe Bill C-20 moves forward, it makes four key reforms. The first is that it removes the artificial cap on the size of the House of Commons. The current redistribution formula divides the population of each province by 279. 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.

The second positive move forward by Bill C-20 is that it adds seats to exactly those provinces that have fast-growing populations. Alberta would receive six seats, Ontario fifteen, and British Columbia six. Professor Sancton spoke a little about provincial representation. I think the real issue is actually the representation of voters. It's voter equality that matters. It's not the absolute number of seats going to each province, it's what the voting power of an individual Canadian citizen is. Currently, citizens in Ontario, Alberta, and British Columbia are underrepresented. That has been the case for decades. Population growth in those provinces is concentrated not province-wide, but in the urban and suburban areas in those provinces. That has been known for quite a long time.

The changing demographic fact is that population growth is now driven by immigration. Immigrants, who are overwhelmingly visible minorities, choose to settle in the largest urban areas in those three provinces—for example, in the 905 district around Toronto, in Greater Vancouver, or in Calgary and Edmonton. What we're really talking about is who is the underrepresented voter. That underrepresented voter is increasingly a new Canadian who lives in a suburb and, increasingly, he or she is a visible minority. By adding seats to the fast-growing provinces, Bill C-20 is a positive move because it raises equality for those voters. It raises their voting weight.

The third positive move of Bill C-20 is that it treats Ontario equally with the other fast-growing provinces, Alberta and British Columbia. As I believe the committee will know, earlier versions of the legislation applied a specific formula that didn't allow Ontario's seat complement to grow as fast as it allowed Alberta's and British Columbia's. This bill treats those three provinces equally, and I think that's a very positive move.

The fourth issue is that adding seats to the House of Commons had the unintentional effect of diluting Quebec's proportionate representation. 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.

Those are the four positive moves.

What else does Bill C-20 need to address to really deal with representation by population? Bill C-20 deals with interprovincial inequalities, such as the case with a farmer in Ontario who has less voting weight than a farmer in Manitoba or Saskatchewan. Bill C-20 gets to that problem. What Bill C-20 does not address is voting power within provinces. Within each province, suburban and urban voters have much lower voting power than voters generally in rural areas, and you also see discrepancies between regions.

Once these seats are allocated to each province, as you know, it's independent, non-partisan electoral boundary commissions that decide on the actual boundaries. I think most academics are in agreement that the boundary commission process works very well, but the problem lies at the legislative level.

The Electoral Boundaries Readjustment Act allows commissions to deviate by 25% above or below the average population in a province. Then in extraordinary circumstances—which are undefined—they can even go beyond that. If you have a province with an average riding population of 100,000 people, the commission can deviate as low as 75,000 or as high as 125,000 people, not even using the exceptional circumstances clause. That's actually quite a wide deviation, which makes federal districts an outlier both domestically and internationally.

Recently, Manitoba, Saskatchewan, New Brunswick, and Newfoundland have all moved to much lower variances. They now allow between 5% and 10% as the number, with exemptions for those ridings where it's just geographically unmanageable to insist on representation by population. But those exceptions tend to be quite small in number.

As Professor Sancton said, the U.S. insists on absolute voter equality. I hope it will also be of interest to the committee that the United Kingdom has legislation before it that would reduce the variance to 5% in the U.K., with some exemptions.

At the Mowat Centre, we suggest that this bill should be amended to allow only a 5% to 10% variance, with some exemptions for ridings such as Labrador. Labrador is separated from the rest of Newfoundland by water. It only has 25,000 or 30,000 people, and it doesn't make sense to connect that riding with another riding in Newfoundland. That's the kind of riding where an exemption would be valid.

The last issue that I just wanted to raise is that while this bill gets rid of the 279 baseline for the size of the House, future growth of the House is still limited. The bill uses 111,161 people as the electoral quotient for the 2011 redistribution, and that moves us quite close to representation by population—although Ontario is still slightly underrepresented. But the formula contained in rule 6 of the bill increases that 111,000 number by the average rate of provincial population growth. In practice what that means is that the number of 111,000 will increase and will be something like 120,000, if Statistics Canada's medium-range population projections turn out to be accurate. On my reading of what those numbers will mean, the average riding size in Ontario, Alberta, and British Columbia—not for this redistribution of 2011, but the next one in 2021—will continue to grow to levels that I believe Parliament should consider problematic.

Under the Bill C-20 formula, the average riding in Ontario, Alberta, and British Columbia would have about 122,000 people, whereas the average riding in the rest of Canada would have about 82,000 people—and those are just the averages. There are extremes that obviously go quite a bit beyond that. So what we propose as a preferable formula is to keep 111,161 as the permanent electoral quotient going forward.

Now, the consequence of this will be that more seats are added to the House of Commons. Professor Sancton has raised some valid concerns about that. But if what we're really trying to do is to achieve representation by population, then an amendment to the formula will help us to achieve that.

Those are my comments.

Thank you very much for your time. I look forward to your questions.

November 22nd, 2011 / 11 a.m.
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Professor, Department of Political Science, University of Western Ontario, As an Individual

Dr. Andrew Sancton

It is a pleasure to be here, and as the chair said, I've served on electoral boundaries commissions in Ontario on three separate occasions and I have testified about this kind of redistribution issue on three or four other occasions in the past. Most recently, I wrote a paper on the principle of representation by population in Canadian federal politics for the Mowat Centre in 2010.

The first point I want to emphasize is that Bill C-20 amends the Constitution of Canada. The Constitution provides that Parliament, acting alone, can amend the formula for allocating House of Commons seats among the provinces, providing that it does not violate “the principle of proportionate representation of the provinces” and providing that no province is ever allocated fewer MPs than senators. There are no other restrictions on what Parliament can enact with respect to this subject.

I applaud the government for proposing to amend the formula so as to improve the relative representation of Ontario, British Columbia, and Alberta. In my view, lack of such action would have left the existing formula open to constitutional challenge on the grounds that it was increasingly failing to reflect “the principle of proportionate representation of the provinces”. I also applaud the government for proposing that no province that is over-represented by the current formula should become underrepresented as a result of the operation of any of the new arrangements.

But I cannot support any formula that has the effect of adding significantly more MPs than we already have. The government, of course, is absolutely right in pointing out that if we want to treat the fast-growing provinces fairly, and if we do not significantly add to the total number of MPs, the effect would be to remove MPs from some provinces.

By my calculations, since Confederation there have been 22 instances of individual provinces losing members of Parliament as a result of redistributions of seats following decennial censuses. It happens regularly within the constituent units of other federations, most notably in the United States, where the size of the House of Representatives is held constant and the size of each state’s delegation is adjusted up or down every 10 years. The U.S. Constitution does not allow Congress to act alone and do what the government is proposing that Parliament do by enacting Bill C-20.

The so-called grandfather clause, which prevents provinces from losing seats from one redistribution to another, or prevents their seats from falling below what they were in 1985, was enacted by Parliament alone in 1985. It can just as easily be removed by Parliament acting alone in 2011. In fact, that is exactly what I urge you to do.

If Parliament once again makes it possible for provinces to lose seats, then fast-growing provinces can be treated more fairly without significantly expanding the House of Commons—or, indeed, without expanding it at all. By enacting the government’s proposed provision that no currently over-represented province can become underrepresented, you will ensure that no small or slow-growing province is treated unfairly. That's why I support that provision. Some might see it as an advantage that this provision could possibly apply to provinces other than just Quebec, and I'm thinking particularly here of Manitoba and Saskatchewan.

As I've followed this debate so far, I believe there has been far too much emphasis on exactly which provinces are getting exactly how many more seats. The key issue is the fairness of the formula itself and how it affects the relative representation of each of the provinces in relation to the others. Except for incumbent and aspiring MPs, I believe the absolute number of seats in a particular province is quite irrelevant.

The issue that the rest of us are concerned about is the relative representational strength of provinces in relation to their respective shares of the total population. I am sure everyone here realizes that floor for the number of Senate seats has the effect of protecting seats in the small provinces of Atlantic Canada, but not in Manitoba and Saskatchewan. Under my preferred approach, I'm the first to admit that these two provinces, Manitoba and Saskatchewan, would lose relatively more seats than the Atlantic provinces, and perhaps there is a need for some form of cushioning mechanism.

The problem, of course, is that each time exceptional mechanisms are added, the fast-growing provinces lose in relative terms. The whole object of this enterprise is to begin once again to treat them fairly. My preferred option, in the form of a cushion or a floor, would be to enact a rule that we've had before, that no province can have fewer MPs than a province with a smaller population.

I would like to end my presentation with a personal anecdote relating to my experience on electoral boundaries commissions. The first time I was on one was in the 1980s. I wrote my first academic articles on this subject in the 1970s. In the early 1980s, I was appointed by the then-Speaker of the House of Commons to be one of three members of the Federal Electoral Boundaries Commission for Ontario.

Under the terms of the amalgam formula enacted in 1974, Ontario was to receive 10 more seats and the House of Commons was to expand from 282 members to 310 members. We commissioners did what we were supposed to do: We drew our proposed maps, which of necessity led to many significant boundary changes—and I emphasize that. When you have a lot more seats, you're going to change a lot more boundaries. You don't just plop the seats in a neat package; it changes everything. Anyway, we did that and we proceeded to hold public hearings in accordance with the act.

It's not an exaggeration to say that we were met with a torrent of abuse. “Why all of these changes? Why do we have more MPs”, people asked. The wise and kindly judge who chaired our commission, who died only recently, tried to explain that this was all for Ontario’s benefit. Our audiences were not convinced. They knew rightly and instinctively that enlarging the House of Commons to accommodate Ontario’s fast growth could not possibly be the only way of proceeding.

The government of Prime Minister Mulroney then brought in legislation that abolished our commission and created a new formula. That formula is the same one that contained the grandfather clause, and has had the effect over time of increasing the underrepresentation of fast-growing provinces.

This is the formula that Bill C-20 is designed to change but, of course, it's not getting rid of the grandfather clause. My fear is that Bill C-20 is repeating a crucial mistake from the past. Canadians do want fair and proportionate representation. Certainly, Ontarians do, and I fully support that. But people don't want more MPs. Every time I tell people what I'm doing today, that's what they tell me, “We don't want more MPs.” You might not feel the full effect of the anger now, but if this bill is enacted in its current form, I believe you will increasingly feel that anger as the prospect of many more additional MPs becomes real.

Thank you, Mr. Chair.

November 22nd, 2011 / 11 a.m.
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Conservative

The Chair Conservative Joe Preston

I call the meeting to order. We are here today in public. Pursuant to the order of reference of Thursday, November 3, 2011, we are considering Bill C-20, An Act to amend the Constitution Act, 1867, the Electoral Boundaries Readjustment Act and the Canada Elections Act.

We have three witnesses in our first hour today, and we'll have three witnesses in our second hour, also.

Here this morning we have Andrew Sancton, from the department of political science at the University of Western Ontario. He's a good Londoner. He's also a former electoral boundaries commissioner. If we have any questions on that, it may be suitable to ask them today.

We have Nelson Wiseman here today from the University of Toronto. It's good to have you with us. Also we have Michael Pal, from the Mowat Centre.

We're going to have them each give a bit of an opening statement, if they have one, and then we'll go to rounds of questioning.

Mr. Sancton, would you like to go first?

November 17th, 2011 / 12:15 p.m.
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Conservative

Tom Lukiwski Conservative Regina—Lumsden—Lake Centre, SK

Thank you, Mr. Chair.

We've dealt with the formula quite a bit, Mr. Kingsley. You also made several recommendations in the report with respect to boundary commissions and redistribution and solving the process there. And the legislation has adopted some of those, I am glad to see.

Generally speaking, would you have any suggestions for the boundary commissions themselves? Regardless of whether Bill C-20 is enacted, come early February, the process of boundary commissions being established and doing their work has to continue.

Did you see any problems in past years when you were administering this process? Do you have any suggestions you might be able to pass along, both to this committee and perhaps to some of the commissioners who will be appointed, in many cases, I'm sure, for the first time?

November 17th, 2011 / 11:50 a.m.
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Former Chief Electoral Officer, As an Individual

Jean-Pierre Kingsley

Mr. Chairman, committee members, I'm very pleased to be appearing once again before you. This is the second time that I have made an appearance since leaving my position. I can recall some very interesting exchanges during my previous appearance. As always, I feel that it is a privilege to be able to appear before the people who represent Canadians after an election. This is, in my opinion, a very great honour.

I was eager to accept the invitation that was extended to me on Tuesday at noon. I would like to point out that I may not be able to answer all the questions that you may have. If that is the case, I would like the clerk to note them and I will provide you with a response in writing, if you wish, or in person if that is of greater interest to you.

The documents that I have had the opportunity to read, without doing so on an in-depth basis, obviously include Bill C-20, with its many scenarios, depending on the date of adoption, as well as the testimonies provided last Tuesday when Minister Uppal and Mr. Marc Mayrand, my successor, appeared before you. I also had an opportunity to read my 2005 report and I looked at seat distribution for 2001 and 1991.

I would also like to remind you that when I worked at the office during the 1990s—I do not recall the exact date—the chief electoral officer had suggested that the number of seats be limited to about 300. At that time there were 301 ridings and people were worried about this number rising. Moreover, yesterday, someone quoted Mr. Harper at the time.

In addition, the redistribution exercise was put on hold at one point, effectively disrupting all of the work. This is something to be avoided if at all possible. Once a committee has begun its work, it should continue without interruption, without new data, without any change in data, until everything has been completed.

In my view, with respect to the bill that is before you, with respect to three matters, with respect to the shorter timeframes, the seven months instead of the year to get ready, we did it. I remember well Mr. Martin, the Prime Minister at the time, wanted to do an election within six months. I had to tell him I couldn't do it before seven, even though the law allowed me 12. Seven was the shortest, and we were able to achieve it.

The 30 days instead of 60 and the 10 months instead of 12 came out of presentations, representations made by the commissions themselves, because we had post-mortems and we had questions. The 30-day minimum is a minimum. It does not mean that you've cut everybody else off.

These were ideas emanating from the commissions themselves that we wanted to act on.

I will just mention that one of the reasons why all of this becomes very possible is the very high-performing computers that now exist for cartography, for example, for utilizing StatsCan data, skimming off what you need in order to help the commissions. Whereas it used to take two months to prepare a series of maps, it can now take half a day. With respect to the formula itself, we've heard what the chief statistician said. It's obvious to me that a new number has been designed in order to do the in-between provinces. The way the indexing formula for future redistribution exercises works is that it will be the average of provincial population growth.

That will have the impact of slightly lowering the quotient, compared to if you used the total population, the average Canadian population overall, which means then that the seats will remain slightly higher, which is what is sought by this exercise.

The resulting allocation from Bill C-20, in my view, with Ontario getting 15 seats, Alberta 6, B.C. 6, and Quebec 3, is exceedingly good.

The west, in essence, and Ontario, while not getting exactly what they should, will certainly be much better represented, in terms of what democracy is about. 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. I think Mr. Reid was alluding to this in his testimony yesterday. It has been around for a long time that Quebec was a pivotal province. There are those that are underrepresented. There are those that are overrepresented. Quebec is right there. This approach is one, certainly, that I am in agreement with.

Thank you, Mr. Chairman.

November 17th, 2011 / 11:20 a.m.
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Chief StatisticianStatistics Canada

Wayne Smith

The estimates are already the numbers used, and the numbers used in transfer payments are the estimates, the ones that are being proposed to be used in Bill C-20, so those are the ones that are used for transfer payments, and we indeed do believe they're a better basis, for the reasons that I've just presented. They're a better basis for making those allocations.

November 17th, 2011 / 11:10 a.m.
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Conservative

Tom Lukiwski Conservative Regina—Lumsden—Lake Centre, SK

Thank you very much, Mr. Chair.

Thank you for being here, Mr. Smith. Your presentation was informative for me because I think the largest question all of us have is based on population estimates and their accuracy.

The formula the minister explained to all of us is based on the population estimates. If we are to do a relatively accurate redistribution, or in this case increase, of seats by population, we have to be assured that the numbers we're using are accurate.

I have some confidence based on your presentation, but I would like to get a little more information and perhaps probe a little deeper, if I can, to give not only me but other members of this committee some confidence that the population estimates, as opposed to the census data, are the figures we should be using for the purposes of Bill C-20.

You've given us a chart based on the 2006 population from the census perspective in the population estimates. You've stated, and it shows on the graph, that the population estimates are, I think in your words, invariably more accurate.

Why are the population estimates more accurate? Is it because you've designed a better formula, or is it because perhaps the census data taken only comes out once every few years?

I think it's important for us to know why we can count on population estimates and should be counting on them in terms of accuracy of population counts both in Canada and across the provinces.

November 17th, 2011 / 11:05 a.m.
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Chief StatisticianStatistics Canada

Wayne Smith

Thank you, Mr. Chairman, for this opportunity to address the committee in relation to its study of Bill C-20.

Today, I am accompanied by two officials from Statistics Canada who are experts in census and population estimate methodologies, namely Mr. David Dolson, Director of Social Survey Methods, and Ms. Johanne Denis, Director of the Demography Branch.

As I think you know, Statistics Canada's role in the readjustment of electoral boundaries is in the supply of population data to support, first, the application of the formula for allocation of seats to the provinces and territories, and, second, the delineation of electoral districts within provinces and territories. For the purpose of delineation of electoral districts within provinces and territories, there is only one source of population data that provides the necessary detailed geographic breakdowns, and that is the census of population, which is conducted every five years.

For the purpose of allocation of seats between provinces and territories, there are two alternative sources of population data that could be employed. The first source, and the one that has been used in the past, is the unadjusted population counts from the decennial census of population. Statistics Canada will publish counts from the 2011 census of population on February 8, 2012. The second alternative source is Statistics Canada's population estimates program. This program produces annual and quarterly estimates of the populations of the provinces and territories. Estimates in this program reflect at any given point in time all of the information that Statistics Canada possesses in order to provide the best possible evaluation of those populations.

Bill C-20 proposes, in a departure from previous practice, to use the currently available estimates of provincial and territorial populations at July 1, 2011, for purposes of calculating the allocation of seats between provinces and territories. These estimates reflect results of the 2006 census adjusted for net undercoverage, augmented by births and immigration since the census date and reduced by deaths and emigration.

Given that the objective of Bill C-20 is to launch the readjustment process at this time, the relevant statistical issue for consideration by the committee is which of the two alternative measures of the populations of the provinces and territories is likeliest to be the closest to the true value: the currently available population estimates or the unadjusted 2011 census of population counts that will be released in February. To answer this question, the census counts and the current population estimates need to be compared to the definitive estimates of the 2011 population that Statistics Canada will produce in 2013. These will reflect estimates of net undercoverage of provincial and territorial populations from the 2011 census of population to be generated by studies that are currently under way but not available.

Let me explain briefly the key notion of net census undercoverage. Official statisticians in all countries know that a census of population, however well conducted, will miss some people while counting some others twice. Statistics Canada, after each census, conducts a statistical study of these two effects.

Estimates from the 1996, 2001, and 2006 censuses indicate that net undercoverage, because we miss more people than we double count, is typically on the order of 2% to 3% of the population counts in the Canadian census. We cannot know at this time what the level of net undercoverage will be for the 2011 census of population—the necessary study, as I said, has not yet been completed—nor can we definitively know whether estimates of natural increases and migration that underlie the population estimates will be confirmed.

The best guide, therefore, to answer the question of which of the currently available population estimates or the unadjusted 2011 census population counts will be closest to our definitive estimates is to look at what has happened in previous censuses. Having done this work, I can inform the committee that the population estimates for the provinces and territories available at the time of the release of the census counts have typically been substantially closer to the definitive estimates than the unadjusted census counts themselves.

To demonstrate this, I have prepared a table, which I think you have in front of you, based on the 2006 census, that looks essentially at the situation as it unfolded for the 2006 census. The table compares the unadjusted 2006 census population counts and the population estimates published in September 2006, which is essentially the same generation of estimates that we're talking about right now for 2011, to the adjusted 2006 census population counts that were published in September 2008.

At the Canada level, the population estimates published in September 2006 were 0.3% higher than the definitive population counts, while the unadjusted counts were 2.8% lower. As at the Canada level, at the provincial and territorial levels, the population estimates were invariably significantly closer to the definitive population counts than the unadjusted counts were.

In summary, even with the release of the 2011 census unadjusted population counts on February 8, 2012, it is Statistics Canada's view that the currently available estimates of population at July 1 represent the best available evaluation of the population of the provinces and territories that is available at this time or that will be available on February 8. It is therefore appropriate, in our view, that they should be used for the purposes of Bill C-20.

Thank you.

November 17th, 2011 / 11:05 a.m.
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Conservative

The Chair Conservative Joe Preston

I call our meeting to order, and we'll get started today.

We have two sets of witnesses and a little bit of committee business to do at the end of the meeting today, so we're going to just see if we can find a little bit of time out of each of the witnesses.

We're here today, still pursuant to the order of reference of Thursday, November 3, 2011, on Bill C-20, An Act to amend the Constitution Act, 1867, the Electoral Boundaries Readjustment Act and the Canada Elections Act.

We have as our first witness today Mr. Wayne Smith, our chief statistician.

Mr. Smith, I understand you have a set of opening remarks. I'd ask you to introduce your colleagues today, make your opening remarks, and then we'll get to questions.

Mr. Lukiwski.

November 15th, 2011 / 12:40 p.m.
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Chief Electoral Officer, Elections Canada

Marc Mayrand

It's a little bit more than that. Our estimate is that by that time we would have to reappoint 120 returning officers. There are always 30 or so who resign each year. Currently, we have suspended appointments in light of the redistribution process that will be taking place. There is no benefit in appointing ROs right now. We expect also that there may be, as a result of various circumstances, a number of ROs who will not be reappointed. So overall, we estimate that even with the change that's provided in Bill C-20, we would have to reappoint 120 ROs following the redistribution.

November 15th, 2011 / 12:40 p.m.
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Conservative

Dave MacKenzie Conservative Oxford, ON

If Bill C-20 passes, we move into that. You're going to have to appoint 30 brand-new people.

November 15th, 2011 / 12:40 p.m.
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Chief Electoral Officer, Elections Canada

Marc Mayrand

The appointment is for 10 years, provided that the returning officer continues to perform according to expectations. In the case of redistribution, however, if there's any change in the riding, the act requires that there be a reappointment process. There's an important provision in Bill C-20 that would facilitate the reappointment of well-performing returning officers.

November 15th, 2011 / 12:35 p.m.
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Chief Electoral Officer, Elections Canada

Marc Mayrand

Yes. The commissions would have to restart their work if the royal assent is given to Bill C-20 any time after February 8.

November 15th, 2011 / 12:30 p.m.
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Conservative

Harold Albrecht Conservative Kitchener—Conestoga, ON

Thanks for clarifying that. It was certainly new to me.

Later on in your opening statement you refer to the other changes that Bill C-20 brings into place: establishing electoral boundaries, having boundary commissions sooner in the process, commencing hearings earlier, and so on. I just want to confirm that, as you look through these changes, these are ones the electoral officials are able to easily implement.

November 15th, 2011 / 12:25 p.m.
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Liberal

Marc Garneau Liberal Westmount—Ville-Marie, QC

I have one last question for you.

You read Bill C-20. Given your expertise, are there any amendments you would have liked to make to the bill?

November 15th, 2011 / 12:25 p.m.
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Liberal

Marc Garneau Liberal Westmount—Ville-Marie, QC

Okay. Very well.

The representation order comes into force following the first dissolution of Parliament that occurs at least one year after the proclamation. But Bill C-20 mentions seven months. Can you work with that?

November 15th, 2011 / 12:25 p.m.
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Liberal

Marc Garneau Liberal Westmount—Ville-Marie, QC

If we agree that it must be ready by April 2014, when would you like to see Bill C-20 come into force?

November 15th, 2011 / 12:25 p.m.
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NDP

Joe Comartin NDP Windsor—Tecumseh, ON

Assuming for a minute that Bill C-20 wasn't before you as a law, under the existing procedure, how long would it take for it to be completed?

November 15th, 2011 / noon
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Marc Mayrand Chief Electoral Officer, Elections Canada

Thank you, Mr. Chair. Good afternoon.

Allow me to introduce my team.

On my left,

is Stéphane Perrault, Deputy Chief Electoral Officer, in charge of legal affairs and investigations. On my right is Rennie Molnar,

Deputy Chief Electoral Officer in charge of electoral affairs; and second on my right

is François Faucher, Senior Director, responsible for the redistribution of electoral boundaries.

Mr. Chair, I am pleased to appear before the committee today to discuss Bill C-20, known by its short title as the Fair Representation Act. First, I will describe the role of the Chief Electoral Officer of Canada and other participants in the redistribution process. Second, I will address key changes under the proposed bill as they pertain to my office.

My office plays an important but limited role in the redistribution process. The drawing of the new boundaries is solely the responsibility of the 10 independent electoral boundaries commissions created under the Electoral Boundaries Readjustment Act. My office is not involved in any of the decisions made by the commissions regarding the choice of electoral district boundaries or names.

The Chief Electoral Officer does, however, perform certain functions that facilitate the redistribution process. Under the act, the Chief Electoral Officer provides geographic information to the commissions, acts as a liaison between the commissions and the House of Commons, prepares the draft representation order, and prepares maps following the proclamation of the representation order. Furthermore, to help make the process more efficient and effective, Elections Canada has, in the past, provided administrative support to the independent commissions. This allows the commissions to focus on the substantive tasks they have been assigned by law. I intend to continue providing such support.

While redistribution will officially start upon receipt of the census return from the Chief Statistician, currently expected on February 8, 2012, Elections Canada has already begun its work. For instance, we have contacted the chief justice of each province, reminding them that they must appoint the chair of the commission for their province. As of now, the chairs of 9 out of 10 commissions have been designated by the chief justices.

I have started to inform members of Parliament about the redistribution process, notably this committee, and I reiterate my offer to provide caucus briefings upon request. In addition, I have contacted the Speaker of the House of Commons to inform him of his responsibilities under the act, including the appointment of the two other members of each province's commission. I plan to meet with him in the coming weeks.

This committee will also have an important role to play in the redistribution process. Once each commission completes its proposal and responds to feedback received during public hearings, it will submit a report describing the proposed boundaries to the Speaker, through my office. The Speaker will then table and refer the reports to the committee. If, however, Parliament is not in session, the Speaker will publish the reports in the Canada Gazette and send a copy to each member of the House of Commons for that province.

MPs may file written objections with this committee for its consideration, in the form of a motion signed by no fewer than 10 MPs. The committee then returns its own reports to the Speaker, who will forward them to the commissions through my office. Once the independent commissions have considered the objections raised before the committee, they then decide whether to modify the boundaries or not before submitting their final report to the Speaker through my office.

After having received the final reports, I am required to prepare a draft representation order setting out the new boundaries as established by the 10 commissions. I transmit that draft representation order to the minister responsible under the act, and the governor in council is required to issue a proclamation of the order within five days. Neither I nor the governor in council may make any alterations to the electoral district boundaries or names presented in the final reports. The representation order is to be published in the Canada Gazette no more than five days after the proclamation is made.

Since the redistribution process will be launched in February, I would expect the initial reports from the smaller provinces to be submitted as early as September 2012, while the reports of the larger provinces should follow through the fall and winter.

As was done in the previous redistribution, my office will hold a conference with the 10 electoral boundaries commissions in February 2012, and will extend invitations to members of this committee. This conference will be an opportunity to familiarize the three-member commissions with the nature of their tasks.

Now let me address four key elements or changes provided by Bill C-20.

First, the bill amends the representation formula found in the Constitution Act, 1867. The new formula proposes to use the population estimates published by Statistics Canada on July 1 of the year of the decennial census, which means that the calculation of seats could be accomplished sooner. This change has no effect on my office. My role as Chief Electoral Officer is to use the formula as determined by Parliament to calculate the number of House of Commons seats allocated to each province.

Second, the bill shortens the timeframe within which the redistribution process takes place. Some of the changes are as follows. One is the possibility of establishing the electoral boundaries commissions sooner--either within 60 days of the census return, as is the case now, or six months after the first day of the month in which the census is taken, whichever is earlier.

Another change is the earlier commencement of public hearings, at least 30 days after proposals are made, instead of the 60 days in the current act.

In addition, reports from each commission would be due in 10 months rather than the current 12 months, with the possible extension of two months rather than the current six months.

Finally, Elections Canada would have seven months rather than one year, as is currently the case, to implement the new representation order before it comes into force for the next general election.

The net effect of these changes includes the earlier establishment of commissions, a two-month reduction in the redistribution process, and a five-month reduction in the implementation of the new boundaries.

The impact of the reduced timelines on the implementation of the new representation order will be mitigated by a third key amendment regarding the reappointment of returning officers. Following the last redistribution, the boundaries of 90% of electoral districts changed in some form. If we assume a similar proportion resulting from this exercise, Elections Canada would have to launch almost 300 competitive processes to appoint returning officers in the affected districts.

Bill C-20 will allow the Chief Electoral Officer to reappoint returning officers based on merit, after consultation with the leaders of the political parties recognized in the House of Commons. This is consistent with the process that my office successfully used when the Chief Electoral Officer was first assigned the responsibility of appointing returning officers in December 2006.

The fourth key change I would like to bring to your attention is the requirement in the bill for Elections Canada to prepare and print a full set of paper maps on completion of the commissions' initial reports. Currently, about 55 maps are included in the commissions' report stage to portray the proposed new boundaries. This bill would require Elections Canada to prepare and print some 400 individual maps at that stage. This would include one for each district; one for each province; and one for each city and metropolitan municipality, portions of which are in more than one proposed electoral district. Currently, the full set of maps is only printed following the issue of the proclamation declaring the representation order to be in force.

The bill also requires Elections Canada to provide electronic versions of each of these maps to each registered political party. We are currently examining how this provision could be implemented with limited impact on the redistribution timeline and its cost.

My office has begun to assess the impact of this bill on the resource requirements of the agency, particularly related to support for the redistribution process itself; Elections Canada's return to readiness; the delivery of a general election using the new boundaries; and ongoing programs and activities in areas such as political financing and support for field personnel. Following the assessment, we may conclude that additional resources are required.

In closing, I wish to indicate that the work of the commissions is set to begin under the current legislation as soon as February 2012. The early adoption of any legislative changes before that date would greatly facilitate the work of the commissions.

Mr. Chair, my colleagues and I will be pleased to answer any questions.

Thank you.

November 15th, 2011 / 11:55 a.m.
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NDP

Joe Comartin NDP Windsor—Tecumseh, ON

My question is specifically on consultation, not on the formula. When did you consult with the provinces specifically on this change that Quebec was now finally...? That is a major change from your government's standpoint from the two incarnations before Bill C-20. It's a major shift. You were adamant you weren't going to do that, and then sometime after the last election, in this Parliament, you decided you were going to finally agree that some additional seats should go to Quebec.

When did you consult with Quebec and the other provinces on that change?

November 15th, 2011 / 11:50 a.m.
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Conservative

Tom Lukiwski Conservative Regina—Lumsden—Lake Centre, SK

Thank you, Chair.

Thanks, Minister.

I don't want it to appear that we're all picking on our Liberal colleague, Mr. Garneau, but I have to make a comment. I also want to address something Mr. Comartin said, but primarily Mr. Garneau's comments.

You're quite right, Minister. I don't care how you slice and dice it: under the Liberal plan, certain provinces, including my home province of Saskatchewan, would lose seats. While he is correct in his statement that the guarantee that was provided in 1985 can be reshaped without having to open up the Constitution, it would cause immense problems constitutionally. Any time we start taking seats away or taking anything away from individual provinces, it is going to cause a constitutional crisis. There will be huge problems and huge costs to pay both interprovincially and between the federal and provincial governments in future negotiations, on any matter. It is simply not on.

This is why our party—I know, because as Conservatives we were all very well briefed going into the last campaign—guaranteed that there would be no change to the 1985 provision; that the seat count at that time would be preserved. To suggest somehow that Canada would be better served by reducing the number of seats in various provinces, including Saskatchewan, Manitoba, Newfoundland, and others, is absolutely sheer folly. It would cause so many problems that I don't think we have enough time in this committee to totally contemplate them.

I congratulate you on sticking to the plan, the commitment that our party made during the last election campaign.

With respect to my friend Joe's comments about looking back on Bill C-12, as compared with Bill C-20, I thought you explained well why Bill C-20 was superior to Bill C-12. It is a better formula—at least, one that I certainly see as being a better formula. I would just suggest to my friend opposite and others that things evolve. We've seen many times in past parliaments cases in which similar bills have been introduced and over time have improved. There have been changes, some subtle, some not so subtle. In this case, taking into account the accurate information that is currently at our disposal, Bill C-20 better reflects the move toward representation by population.

Will it ever be perfect? Of course, it won't be. Population fluctuations are always going to occur; there are only going to be changes made every 10 years. We'll never get to a point where there will be exactly representation by population, but in my view, this bill represents a much better rep by pop from province to province than any bill previously.

Mr. Christopherson mentioned his home province of Ontario. This bill perhaps doesn't give exactly rep by pop for Ontario, but it's a lot closer than Bill C-12 would have been, and a lot closer than any bill prior to that.

I think it is a great attempt, and it better closes the gap between underrepresented provinces and those that were perhaps overrepresented.

Minister, I would only ask you once again to make a comment on why Bill C-20 was introduced and why it was introduced at this point in time to address what I consider to be some rightful grievances from the past.

November 15th, 2011 / 11:20 a.m.
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Liberal

Marc Garneau Liberal Westmount—Ville-Marie, QC

Thank you, Mr. Chair. Thank you, minister.

I fully understand the principles that guided you in this undertaking. I share your view that we need fair representation for every province to reflect the changes in their population.

However, I see a big problem with Bill C-20. You went from 308 to 338 seats. In other words, you added 30 new members to the House of Commons.

Canadians are concerned about the added cost of such an inflationary measure. In my opinion, the government's new proposal sends the wrong message to Canadians that it wants to increase the number of politicians while it slashes the public service and the services that are provided by them. It doesn't make any sense. In these days of financial restraint, Parliament must show the lead. Now, we all know that the number of MPs cannot keep growing forever. That's a discussion that comes back all the time. We already have a higher MP-to-population ratio than the norm in many democracies.

In the United States, as we all know, there are 435 representatives for a population that is about nine times bigger than Canada's. To my knowledge, Canada is the only federation that deems it necessary to go through this exercise of increasing the number of federal MPs every time there's a need to rebalance regional representation in Parliament, roughly every 10 years. This doesn't make sense, and it's an unsustainable practice. We must put a stop to it and this is a good time to do it. We can rebalance the House's seat allocation in order to address the needs of the provinces. Parliament has the power to do that. It is something that I think is particularly important to do at this time.

I'd like to, if I may, draw your attention to a document from this committee from 1994, when they were looking at the Electoral Boundaries Readjustment Act, a similar exercise to what we're going through now. It was a dissenting opinion offered by three Reform MPs at the time, one of whom is very well known. He was arguing for the fact that we didn't need to increase the number of MPs, that this was not a good practice.

Perhaps I can quote a little bit:

A smaller House offers considerable cost savings, less government and fewer politicians, and clearly this is what Canadians want.

Another quote:

Advancements in communication technology have allowed downsizing and increased efficiencies in the private sector but also must be realized by government.

A final quote: “Canadians are already amongst the most over-represented people in the world.”

Of course, that MP is now the Prime Minister of this country.

I'd like to know why you did not take this opportunity, because it can be done, to keep the level at 308 and yet at the same time achieve fair representation, which we all support.

November 15th, 2011 / 11:10 a.m.
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Conservative

Tom Lukiwski Conservative Regina—Lumsden—Lake Centre, SK

When you say that the formula proposed in Bill C-20 would ensure that if various provinces see their populations increase in the future, the formula would deal with that in an effective manner, when does that occur? How often would we be looking at population changes? Would it be based on a 10-year period like the census, or would it happen more frequently than that?

November 15th, 2011 / 11:10 a.m.
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Conservative

Tim Uppal Conservative Edmonton—Sherwood Park, AB

Sure. Our commitment was to bring forward changes to the formula that would address the fact that Alberta, B.C., and Ontario were underrepresented in the House of Commons because their populations have grown. We also made a commitment that we would maintain the number of seats for the smaller provinces and make sure that Quebec's representation stayed equal to its population.

Bill C-12, the previous bill, used out-of-date population figures, because a number of years have passed, so Bill C-20 has new numbers, new population figures, that are up to date.

There's also a representation rule that's an addition to this bill, that if any province went from fair representation or overrepresentation and became underrepresented because of the redistribution process, we would add seats to that province to bring it back up to fair representation, equal to its population. It would not be fair for a province to be fairly represented today and then become underrepresented because we've fixed a wrong somewhere else and then hurt that province. That would apply to all provinces. The first province to benefit from that is going to be Quebec.

This bill also responds to population growth. The divisor changes to respond to population growth now and in the future as well. We've also streamlined the process for electoral redistribution, so these are the changes that have evolved after the last bill was presented. At the end of the day, this bill fulfills the commitment we made, and it brings every province closer to representation by population.

November 15th, 2011 / 11:10 a.m.
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Conservative

Tom Lukiwski Conservative Regina—Lumsden—Lake Centre, SK

Thank you.

Minister, this Bill C-20, as we know it, is actually the latest iteration in a line of rep-by-pop bills that this committee has seen in years past.

Could you give an update to the committee on why the formula used in this bill is superior, in your opinion, at least, to some of the others we have seen at this committee, in terms of rep by pop?

November 15th, 2011 / 11 a.m.
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Edmonton—Sherwood Park Alberta

Conservative

Tim Uppal ConservativeMinister of State (Democratic Reform)

Thank you, Mr. Chair.

With me are members from the PCO, Matthew Lynch and Jean-François Morin. I do have opening comments, if I may begin.

Mr. Chair, I am pleased to be before this committee this morning to discuss Bill C-20, the Fair Representation Act. Bill C-20 delivers on our government's long-standing commitment to move the House of Commons towards fair representation. In particular, it reflects our 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, maintaining the number of seats for smaller provinces, and maintaining the proportional representation of Quebec according to its population.

In my opening remarks today, I would like to provide an overview of the bill's key elements. I will then be pleased to take any questions you may have.

The representation of the provinces in the House of Commons is readjusted every 10 years using a formula established in section 51 of the Constitution Act, 1867. The current formula dates to 1985 and was designed to provide modest increases to the House of Commons. While the 1985 formula has been successful in limiting the size of the House of Commons, it has created a representation gap for the faster-growing provinces of Ontario, British Columbia, and Alberta. The combined effect of fixing the divisor at 279 in combination with the existence of the seat guarantees has prevented these provinces from receiving a share of the seats that is more in line with the relative share of the population.

The formula in Bill C-20 is principled and is a reasonable update designed to bring those provinces closer to representation by population while at the same time maintaining the seat counts of the slower-growing provinces and ensuring that Quebec maintains a level of seats that is proportionate to its population. In fact, the Fair Representation Act brings every single province closer to representation by population. The bill would set the electoral quotient for the 2011 readjustment at 111,166, which reflects the average riding population prior to the last seat readjustment in 2001, increased by the simple average of provincial population growth rates. Once the initial allocation of seats have been determined on the basis of that quotient, the Senate floor and the grandfather clause would be applied. The Fair Representation Act then provides the formula to apply a new representation rule.

If a province becomes underrepresented as a result of the application of the updated formula, additional seats will 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 underrepresented by the operation of the updated formula. That said, the representation rule applies to all provinces that may find themselves in this scenario.

A further update to the formula is to base the allocation of seats among the provinces on Statistics Canada's population estimates. There is a reason for that. The population estimates provide a more accurate picture of Canada's total population. The population estimates adjust to account for the census net under-coverage—that is, the number of people who were not enumerated during the census--as well as the over-coverage, coming from those who were enumerated twice.

The practical result of applying the new formula will be to add an additional 30 seats to the House of Commons, for a total of 338. In terms of the provincial breakdown, Ontario will receive 15 new seats, Alberta will receive six new seats, and British Columbia will receive six new seats. Quebec will receive three new seats as a result of the new representation rule, which will ensure that its seat total does not come under the number of seats proportionate to its population. Finally, the bill provides an adjustment to the formula in order to account for future increases in population counts following future censuses. For the 2021 and each subsequent readjustment, the bill provides that the electoral quotient will be increased by the simple average of provincial population growth rates since the preceding readjustment.

In addition to the updated formula for allocating seats, Bill C-20 also proposes amendments to the Electoral Boundaries Readjustment Act. The changes proposed in the bill aim to streamline the timelines and the current boundary readjustment process. For example, the independent boundary commissions would be established no later than six months following the census.

The timeline for the commissions to produce their reports would be streamlined from 12 to 10 months, with a possible two-month extension. The time period for the implementation of the representation order would be reduced from 12 months to seven months, and the notice period for public hearings by commissions would be reduced from a minimum 60-day period to a minimum 30-day period. There will be no change to the timelines relating to the parliamentary phase of the electoral boundary process, during which time parliamentarians and Canadians are able to provide their comments on the initial reports of the boundary commissions. Most importantly, Canadians will continue to have the same opportunity to voice their opinions on boundary changes during public hearings held by the commissions.

The updates to the Electoral Boundaries Readjustment Act follow recommendations made in the past by this committee, the chief electoral officer, and the Lortie commission.

To conclude, the Fair Representation Act addresses the unacceptable underrepresentation of some provinces and fulfills our government's longstanding commitment to move towards fair representation. The updated seat allocation formula contained in the Fair Representation Act moves every single province towards representation by population.

Thank you, and I look forward to responding to any questions you may have.

November 15th, 2011 / 11 a.m.
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Conservative

The Chair Conservative Joe Preston

We'll call the meeting to order. We're here today, televised, in public, pursuant to the order of reference of Thursday, November 3, 2011, Bill C-20, An Act to amend the Constitution Act, 1867, the Electoral Boundaries Readjustment Act and the Canada Elections Act. We're fortunate to have the minister here today.

Minister, it's great to have you. I understand you have an opening statement. We'll start with that. If you'd like to introduce the people who are with you, and start with your opening statement, then we'll go to rounds of questioning.

Minister, I leave it to you.

Security of Tenure of Military Judges ActGovernment Orders

November 4th, 2011 / 12:45 p.m.
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Bloc

André Bellavance Bloc Richmond—Arthabaska, QC

Mr. Speaker, it is a pleasure for me to participate in the debate on Bill C-16. The Parliamentary Secretary to the Minister of National Defence is well aware that the Bloc Québécois supports this bill.

What we take issue with is that the parliamentary secretary has said in the House that we have failed to provide unanimous consent, which is completely false. I will give an example. Today, I gave unanimous consent, on behalf of the Bloc Québécois which I represent, to the agreement between the Cree and the federal government. We had already given our word and consent with respect to this bill.

With regard to Bill C-16, we were asked for our support yesterday at the same time that we were asking for unanimous consent to pay tribute to veterans. Remembrance Day is at hand. We are all wearing poppies—I see, Mr. Speaker, that you are wearing one also—to commemorate the battles fought by our veterans, the people who went overseas to fight in two world wars and other conflicts, which unfortunately should not have occurred but did, and who fought for our freedom.

The dean of the House of Commons, the member for Bas-Richelieu—Nicolet—Bécancour, wanted to rise, like members of other parties, and pay tribute for a few minutes to the people who fought to protect our freedom and to prevent dictators from taking control of the world and suppressing freedoms, as was recently the case in Libya. The leader of the Green Party also wanted a few minutes to address the people and pay tribute to our veterans. This was refused by lack of unanimous consent. We were simply told that the Conservative government had the right to do so and that it was within the rules.

I know that the government was probably afraid that the Green Party and the Bloc Québécois would use this precedent to intervene and rise often in the House, saying that they want to be recognized as parties. We have known from the beginning that we do not have 12 members, just 4, and that the leader of the Green Party is the only member of Parliament for her party. For that reason, the interim leader of the Bloc Québécois specifically stated yesterday, when making the request, that he did not want to set a precedent and that he simply wanted to make a statement.

That was one of the lowest moments I have experienced since being elected in 2004. I have rarely seen a government rebuff the opposition parties in a such a way and on such an occasion.

We did not give our unanimous consent to Bill C-16 then and we are opposing it today because the fault lies with the government for not being alert enough to introduce it sooner. The government could have introduced this bill as early as September 19, when Parliament resumed, but it waited until October 7. The government has also introduced a series of bills and has prevented the opposition from debating them and discussing them properly by moving closure and time allocation motions five or six times. I do not even know how many there have been, but closure has been moved on at least five or six bills. We cannot follow the normal legislative process because the government is in a very big hurry. It made legislative choices, but Bill 16, which we are discussing today, was not part of them.

The Conservatives chose to introduce Bill C-10 on justice. They decided to abolish the firearms registry and destroy the data. They also introduced a bill that will diminish Quebec's political weight in the House. There was also the bill on the Canadian Wheat Board. They chose to introduce all those bills instead of Bill C-16. I want to come back to Bill C-16 to which we could have given our unanimous consent. We only did what the government said it would do, in other words, follow the rules. I have been in federal politics long enough to know there are rules to be followed in the House. There is a legislative process to be followed: first reading, second reading, third reading and work in committee.

I understand perfectly well that there was a court order, but if the government was in such a hurry, it could have made sure that this bill went through all the stages as quickly as possible. After all, it is the government that sets the agenda.

Yesterday, by refusing to allow us to pay tribute to veterans, if the government was trying to send a message that we do not exist, that we are not an official party and that we do not deserve to speak in this House, it failed. Today we are sending our own message that we are still here. Just like the Conservative members, and in fact like all members of the House, we were democratically elected. Even the Prime Minister himself must acknowledge that he was democratically elected in his riding and that he is an MP first and foremost, and Prime Minister second. I think it is our duty to do things correctly here.

Thus, there are no second-class MPs in this House. I never thought that when there were 50 Bloc Québécois MPs, nor do I think that today, just because we are fewer in number. My message to the government is that it should think carefully before acting as heinously as it did yesterday. Nevertheless, once again, it is the government's fault that it did not introduce the bill earlier. And we support Bill C-16, especially since a court decision will strengthen the independence of military judges. That is very important. The Minister of National Defence introduced Bill C-16, An Act to amend the National Defence Act (military judges), in the House of Commons at first reading.

The Court Martial Appeal Court of Canada delivered its judgment in the Regina v. Leblanc case. In its decision, the appeal court determined that the provisions in the National Defence Act and the Queen’s Regulations and Orders for the Canadian Forces regarding the appointment and retirement of military judges do not sufficiently respect judicial independence as required by section 11(d) of the Canadian Charter of Rights and Freedoms.

In declaring certain National Defence Act provisions constitutionally invalid and inoperative, the Court Martial Appeal Court in Regina v. Leblanc suspended the declaration of invalidity for a period of six months to allow remedial legislation to be enacted. The declaration will be effective December 2, 2011.

Bill C-16 amends the provisions of the National Defence Act that deal with the tenure of military judges, providing that they serve until the retirement age of 60 years, unless removed for cause on the recommendation of an inquiry committee or upon the resignation of the military judge.

To give a bit of background and explain the situation in full, I should mention that judges used to be appointed for a predetermined period of time. I believe it was for five years, but when a judge's term was up for renewal, it seemed that he or she did not have complete independence at that time. Now the process will simply be the same as it is for other judges. The tenure for military judges will allow them to sit as such until the retirement age of 60 years. That creates a balance. It sends a message that we will improve the situation around judicial independence, which is something we in the House could in no way be opposed to.

Justice Lamer made a number of recommendations, and this is one that we have agreed with from the outset. The Bloc Québécois believes in keeping military justice separate from civilian justice. It makes sense for the Canadian armed forces to have its own justice system, in light of the particularities of military life and military requirements. This bill corrects a situation that created a fairly significant difference between the civilian justice system and the military justice system, in order to improve the military system.

It is absolutely necessary to have discipline within an army. Without that discipline, we would lose any sense of structure and effectiveness. Since the primary goal of our armed forces is to protect the safety of Canadians, this issue is vitally important. The Supreme Court of Canada recognized this principle in 1992:

The purpose of a separate system of military tribunals is to allow the Armed Forces to deal with matters that pertain directly to the discipline, efficiency and morale of the military. The safety and well-being of Canadians depends considerably on the willingness and readiness of a force of men and women to defend against threats to the nation's security. To maintain the Armed Forces in a state of readiness, the military must be in a position to enforce internal discipline effectively and efficiently. Breaches of military discipline must be dealt with speedily and, frequently, punished more severely than would be the case if a civilian engaged in such conduct. As a result, the military has its own Code of Service Discipline to allow it to meet its particular disciplinary needs. In addition, special service tribunals, rather than the ordinary courts, have been given jurisdiction to punish breaches of the Code of Service Discipline. Recourse to the ordinary criminal courts would, as a general rule, be inadequate to serve the particular disciplinary needs of the military.

A number of changes were called for. I think that Bill C-16 is a step that, I repeat, addresses only one of Justice Lamer's recommendations. We can go step by step. That is no problem.

There are also offences in the Code of Service Discipline that do not have equivalents in civilian justice. For example, the offences of disobedience of lawful command or disobedience to a superior officer do not exist in civilian justice. Military justice applies to three categories of people: military personnel in the regular forces, reservists and civilians who work with military personnel on missions.

But although military justice is necessary, people who join the Canadian Forces do not lose their rights, including their charter rights.

For 12 years, a great deal of thought has been given to modernizing military justice to bring it more in line with civilian justice. In its May 2009 report, the Standing Senate Committee on Legal and Constitutional Affairs wrote the following, “...the military, as an organization, benefits when the rules that govern it largely reflect those that apply to Canadian society in general.”

We therefore feel it is important that the government consider not only the issue of the independence of military judges but also the entire military justice reform. In my opinion, even the Parliamentary Secretary to the Minister of National Defence can understand that, when we talk about such a bill, it goes without saying that we should expand our discussion and thought process a bit to include the whole military justice policy, particularly since more than one recommendation was given by Justice Lamer and the Senate committee.

Military justice reform dates back to 1997 and stems from two reviews. First, a special advisory group received a mandate to study the Code of Service Discipline set out in the National Defence Act. Then, the commission of inquiry into the deployment of Canadian forces to Somalia was asked to review how to handle the actions of certain soldiers sent to that country.

The two resulting reports led the government to introduce Bill C-25, which came into effect on September 1, 1999. This bill amended the National Defence Act by abolishing the death penalty in the military justice system, a very important change; incorporating civilian parole ineligibility provisions; creating the Canadian Forces Grievance Board; creating the Military Police Complaints Commission; strengthening the independence of military judges by making changes to the terms of their appointment, their qualifications and their tenure; and creating new positions within the military justice system in order to separate the investigative function from the prosecution and defence functions.

Clause 96 of Bill C-25 provided for an independent review every five years in order to examine the amendments to the National Defence Act. Many of the amendments I just listed are still pending. I am counting on the current government and its Minister of National Defence to take into account the majority of the recommendations that I mentioned just a few moments ago.

With this in mind, the federal government appointed a former Supreme Court justice, Antonio Lamer, to conduct the first review. He presented his report to Parliament in March 2003. Military justice has been on the radar for some time now, and here today we have this bill—barely two pages long—regarding the independence of judges. There will undoubtedly be other, more significant, changes that will improve the National Defence Act and that will also implement Justice Lamer's recommendations, which, as I have said before, are already 10 years old.

In his report, Justice Lamer observed that “Canada's military justice system generally works very well, subject to a few changes.” Consequently, he made 88 recommendations to improve military justice. I will not list the 88 recommendations, although some here might like me to do so.

I will briefly refer to some of Justice Lamer's 2003 recommendations: arrest procedures and pre-trial detention; procedures for proceeding by indictment; the structure of the court; sentencing; aligning the rights of the accused with those in a civil court such that the accused could choose the type of court martial and such that the finding of court martial panels would be arrived at by unanimous vote; strengthening the independence of the principal intervenors in the military justice system; and improving the grievance and military police complaints processes.

In order to implement Justice Lamer's recommendations and amend the National Defence Act, the government introduced Bill C-45 in August 2006. It died on the order paper. In March 2008, the government introduced another bill, Bill C-7, which was identical to Bill C-45 and also died on the order paper when an election was called in the fall of 2008.

In April 2008, the Court Martial Appeal Court of Canada handed down a decision in the case of Regina v. Trépanier. At issue was the possibility of choosing the type of court martial. The Court Martial Appeal Court of Canada ruled that a provision of the National Defence Act that gave the court martial administrator exclusive authority to select the type of court martial was unconstitutional. The Court Martial Appeal Court of Canada found that it was unacceptable that the accused could not chose the kind of court martial that would judge him or her.

Following that ruling—which brings us to where we are today—the federal government introduced Bill C-60 to accomplish the following: to more closely align the manner in which the mode of trial by courts martial is determined with the approach in the civilian criminal justice system, while still satisfying the unique needs of the military justice system; to reduce the types of courts martial from four to two; to allow military judges to deal with certain pre-trial matters at any time after a charge has been preferred; and to require court martial panels to make key decisions on the basis of a unanimous vote. Bill C-60 passed in the House on June 18, 2008.

One of Justice Lamer's recommendations has been incorporated into Bill C-16 before us today.

I repeat—and I will conclude on this in just a moment—the Bloc Québécois is not opposed to Bill C-16. The Bloc did not break any agreements to speed things up. The government alone is responsible for its own legislative agenda. It could have introduced the bill to get it through all the various steps in the usual way, knowing very well that a court order meant that a certain timeline had to be respected.

I cannot believe that, with the army of people and public servants available to the Minister of National Defence, it did not occur to him to look at a calendar and ensure that all the steps could be completed regarding Bill C-16. It is because of the government's own negligence that it is so keen to have the bill fast-tracked, because it did not do its homework.

I cannot believe that the government behaved in this manner. However, as I explained at the beginning of my speech, it is simply because the government made other choices. It had other priorities. It wanted to reduce Quebec's political weight with Bill C-20, for instance. It wanted to put the Canadian Wheat Board out of commission. It also decided to rule out all potential debate on Bill C-10 regarding justice. I can assure this House, not everyone is pleased about that. It is no longer only Quebec that opposes that bill. We will soon be up to 10 provinces that oppose the bill. But the government decided to make it a priority anyway.

In closing, it should have found a way to move a little faster on this matter and introduce Bill C-16 earlier. Had it done so, we might not still be talking about it today.

Fair Representation ActGovernment Orders

November 3rd, 2011 / 5:15 p.m.
See context

Conservative

Wai Young Conservative Vancouver South, BC

Mr. Speaker, I thank the member opposite for having given us great encouraging words today. Working together, he understands that we are moving toward fair representation. It sounds very hopeful that members opposite will support this bill.

I am very pleased to speak to Bill C-20, fair representation act. I am honoured to be the member of Parliament for Vancouver South, one of the most diverse ridings in all of Canada. Approximately 75% of those whom I have the privilege of representing in this place are of Chinese, South Asian, Filipino and Vietnamese descent. Not only are we diverse, we are large with a population of 125,000 in Vancouver South, many of whom are new Canadians and have been under-represented, as all British Columbians have been for some time.

Our government received a strong mandate from Canadians to move toward fair representation in the House of Commons. The people of Vancouver South and British Columbia, in fact Canadians from across this country, are excited because we are acting.

Bill C-20, fair representation act is extremely important, completely necessary and very timely. This is because the people of Vancouver South, their families, friends and neighbours across British Columbia want fairer representation in this place.

We, therefore, welcome this important bill which 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 for smaller provinces,; and protecting the proportional representation of Quebec according to population.

This bill provides the changes necessary to move British Columbians toward fair representation in this House. This bill is necessary because the representation of the provinces in this House is readjusted every 10 years. The formula has evolved considerably since Confederation, in which representation by population was the sole basis upon which seats were distributed.

It has been adjusted on six occasions since Confederation to respond to demographic changes as our vast and diverse country grew and evolved. The changes to the formula have attempted to balance three competing objectives.

First, to enable provinces with growing populations to have additional seats in accordance with the principle of representation by population. Second, to ensure the effective representation of smaller and slower growing provinces. Finally, to limit increases in the membership of the House of Commons to practical levels.

It was the latter objective which provided the impetus for the last change to the formula in 1985. In response to the realization that the formula, which existed at the time, would result in very large increases to the size of the House of Commons, a decision was made to design a formula that would provide more modest increases to the size of the House.

The 1985 formula allocates provincial seats by first determining what is called the electoral quotient, which is the population of the provinces divided by 279, which was the number of provincial seats allocated in the House of Commons in 1985. Each province's population is then divided by the electoral quotient to determine provincial seat allocation.

The second step in the formula is to apply two minimum seat guarantees, the Senate floor, which was added in 1915, guarantees that no province can have fewer seats in the House of Commons than it has senators, and the grandfather clause, added in 1985, which guarantees that no province can be allocated a number of seats that is less than the number of seats it had in 1985.

By fixing the divisor at 279, the 1985 formula did have the desired effect of limiting the growth of provincial seats in the House of Commons. However, it also had a negative impact that worsened over time and that has led us to where we are now, where the faster growing provinces of Ontario, Alberta and British Columbia are significantly under-represented.

Taken together, the effects of the 1985 formula and the two seat floors are significant. First, it means that all provinces, except Ontario, British Columbia and Alberta, rely on seat floors rather than population to maintain their seat count in the House.

Second, the formula allows the three faster growing provinces to get a proportional share of only 279 seats even though the House has expanded to 305 provincial seats since the 1980s with three additional seats for the territories, totalling 308, our current number.

Third, the four seats for slower growing provinces, which are not based on population, further erode the relative representation of the faster growing provinces. As a result, the three faster growing provinces have become significantly under-represented in the House.

For example, British Columbia has only 11.8% of the provincial seats while its share of the provincial population is over 13%. The situation in Ontario is even worse. Ontario has only 34.8% of the provincial seats while its share of the provincial population is over 38%.

The combined effect of fixing the divisor at 279 in combination with the existence of the seat guarantees has prevented the faster growing provinces from receiving a share of seats that is in line with their relative share of the population. The result has been to significantly increase the disparity between the provinces protected by seat guarantees and the faster growing provinces that do not benefit from the guarantees.

Bill C-20 has been designed to bring those provinces closer to representation by population while at the same time protecting the seat counts of the slower growing provinces and ensuring that Quebec maintains a level of seats that is proportionate to its population. This bill was designed to deliver a fair and reasonable balance between the principles, while lessening or eliminating, to the greatest extent possible, the negative effects of the current formula.

The bill's key elements include many things, but before getting into a detailed explanation of the elements of the bill I would point out an important change related to the population figures that will be used to determine the allocation of seats by province.

Whereas the decennial census figures were previously used to determine the allocation of provincial seats, the bill proposes to require the use of population estimates as of July 1 of the year of the decennial census to determine the allocation of seats. The population estimates are considered the best data available because they are adjusted to account for the census net undercoverage, which is the extent to which persons who should have been enumerated but were not included in the census data.

The net undercoverage for the 2006 census was 2.8% and varied from province to province. The lowest net undercoverage was in Quebec and in Newfoundland and Labrador at 1% each, while the highest provincial rates were 3.8% in Ontario, 3.5% in Alberta and 2.9% in British Columbia.

We can see from these higher undercoverage rates that even the census had a hand in furthering the under-representation of these three faster growing provinces. The population estimates are already used to determine the allocation of funding for the federal-provincial equalization program, the Canada health transfer, the Canada social transfer and the territorial formula financing.

Using the population estimates also provides certainty on the provincial seat numbers whereas census figures will not be available until February of 2012.

The updated seat allocation formula contained in the fair representation act will move Ontario, British Columbia and Alberta toward fair representation while protecting the number of seats for slower growing provinces and ensuring that Quebec receives a number of seats proportionate to its population.

The formula introduces a new concept that did not apply in the 1985 formula, which we can call the representation rule. If a currently over-represented province becomes under-represented as a result of the application of the updated formula, additional seats will be allocated to that province so that its proportional representation according to its population is protected. This is a wordy concept, but it is fair and respects the principle of proportionate representation.

Based on population projections, Quebec would be the first province to receive new seats in accordance with this provision, but it applies to all provinces who may find themselves in this situation.

For the 2021 year and each subsequent readjustment, the bill provides that the electoral quotient will be increased by the simple average of provincial population growth rates from the preceding adjustment.

The practical result of applying the new formula will be to add an additional 30 seats to the House of Commons, for a total of 338. This is 23 more seats than would have been added pursuant to the 1985 formula. By introducing a readjustment formula that is more responsive to population size and trends, the fair representation act would move the House closer to fairer representation and maintain its growth over time in a more principled and accurate way.

This is especially important for fast growing areas of the faster growing provinces. We have heard how this would affect the Toronto area, but this is also important for the Vancouver area. My riding and the surrounding area is a large, dense and fast growing area. It is a magnet area for new Canadians and, as such, is especially affected by the shortcomings of the current formula. British Columbia, my home, would rightfully be a beneficiary of the principled changes to representation in the House that would take better account of our high rates of population growth now and into the future.

In addition to the updated formula for allocating seats, Bill C-20 also proposes amendments to the Electoral Boundaries Readjustment Act, which sets out the process for readjusting electoral boundaries within provinces once the allocation of the seats by province is known. The readjustment process would continue to be based on census results, which provide population counts at the geographic level that are necessary to accurately revise electoral boundaries. The existing provisions of the Electoral Boundaries Readjustment Act, that call for independent boundary commissions, decide on riding boundaries and names would remain unchanged.

This process was established in 1964, changed slightly in 1979, and remains independent and impartial. I know the member for Saanich—Gulf Islands raised a question about this process recently. I can assure her that an impartial independent process would continue unchanged.

We are amending the timelines involved to streamline the process and ensure that Canadians would be more fairly represented as soon as possible. The bill does not propose any changes to the parliamentary review process, where members have the opportunity to bring forward their concerns about the boundary readjustments proposed in the initial reports from the commissions.

The fair representation act would fulfill 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 among the different provinces of our federation. In short, it is the best formula to move toward fair representation in a principled manner. I hope all hon. members of the House will also agree and support this bill in order to restore fair representation in the House.

Fair Representation ActGovernment Orders

November 3rd, 2011 / 4:45 p.m.
See context

NDP

David Christopherson NDP Hamilton Centre, ON

Mr. Speaker, I appreciate the opportunity to join in the debate.

First, we will not be supporting the bill at second reading, primarily, for the very simple reason we believe the government bill is not as good as our bill. We like our bill. We think it would be better for Canada and that is the message we carry into committee. If we support our own bill, why would we vote for the government bill at this stage?

Comments were made along the way by myself and our leader that we were very much looking forward to what happened at committee. I want to underscore that point and that intent on our part. I heard the member earlier commenting about whether the member for Hamilton Centre was going to change the census and some other smart-alecky type of remarks. Perhaps that is the answer. It is as simple as there are new numbers.

However, I know we have at least three different calculations going on at the same time and we are going to need some clarity around it. That is fine for the government. It has all the resources of government. All we really have as members on this side is committee. That is the closest we can get to match the horsepower of the government in terms of the lawyers, analysts and everything else that is available to whomever is in government at any time.

One of the most important messages that I will carry on behalf of our caucus is the importance of committee studying this bill. It is important on any bill, but on this one, given that this is the file marked “Canada”, that we take the time to get it right. We do not want to take time such that we do not have things in place for the next election. We agree with the goal. I have told that personally to the minister. I have said that publicly. I reiterate it again. Regardless of whatever machinations we go through in this place on second reading and in the House and on voting, we have all kinds of games that go on all the time, often for reasons that are not even readily obvious.

However, the fact remains that we want to get to committee. We want to do the work. Ideally, in the best world outcome, would it not be great if all the parties, or at least a majority of the parties, could agree rather than a situation where, like we saw with the Auditor General hiring, only the government carries the day and uses the weight of its might. Let us remember that might still comes from a very undemocratic place, perfectly legitimate and democratic to the extent it follows our rules, but there is no sense of natural justice or democracy when 39% of the vote gets 100% of the power.

I take at face value the comments of my colleague from Elgin—Middlesex—London. He is a fantastic chair. He commented on the work we do, and I have been spending a fair bit of time on that committee, dealing with the Chief Electoral Officer's report, with all the changes to the laws. We hope the minister in some way, by standing in his place and commenting, or by sending a message, or talking to me or talking to our House leader, could indicate that we really will go into committee with the same type of attitude that currently prevails when deal with the electoral commissioner's report. At that committee, we really have give and take. When we cannot agree on something, we put it later on in the agenda. We all do a little homework and we actively try to find how we can all put a little wine in our water to reach a point where we can agree on fair rules for elections.

If we can do it for that, then I would go so far as to implore the government to be serious in that same way, as opposed to what happens at some committees where the 100% might of the 39% vote walks into committees, says this is the way it will be and, no matter what anyone says, rams it through with their majority. If that is what the Conservatives do with this bill, then I would be disappointed and they would do a great disservice to the file marked “Canada”. We could all do better than that in continuing to build and strength Canada.

I assume the vote is still on track to happen this evening and we will be voting against the bill for the simple reason that we like our bill better. Why would we vote for the government bill?

However, once we get into committee, as far as we are concerned, we are ready to hit a reset button. We would then have two pieces of legislation and a committee of people with goodwill. Maybe we could then begin to see if there were some way to close the gap between the differences.

For instance, members will remember that when the government brought in its first two bills, it did not have any seats for Quebec. However, we now see in this bill less seats for Ontario and B.C. If that is because of a calculation, fine, we will listen.

Again, there are at least three different calculations going on. There is one calculation based on using the 2006 census numbers, which the government had been using previously. There is the 2011 census that will be received in February 2012. However, in Bill C-20, the government does not use census numbers in the equation. I am not saying that it is a bad thing or a good thing, I am just saying that it is a new thing that we need to have some explanation and discussion on in committee.

Instead of using a census number, the government is now using the estimated provincial population estimates. However, I am no lawyer and I do not necessarily know what that means. Maybe it is a good improvement and the government may be applauded for bringing in a better formula, but maybe not. I do not know.

I just know that when the Conservatives finally came up with the notion that they had to be more respectful to Quebec then they had been, suddenly they changed the formula. Does that mean they changed the formula to meet the mathematical outcome they wanted? I do not know, but we need answers to that.

If the government is just going to come in to committee and ram things through, then the opposition is going to be given no opportunity to not only understand it, but maybe respond with a counter proposal as well. Again, these are things that would allow us to find a way to work together to get as close as we can to a single bill that we all might be able to support. Would that not be a win for everyone, especially for Canada?

I will not dwell on this, but I want to take a second to talk about the Liberal position. I know questions are going to come during the questions and answers, and they are going to do what they do. They seem to have one note to play on this and they play it over and over. That is their right. I am not suggesting that they cannot do this, but I am suggesting that it is disappointing.

The Liberal Party can really take an awful lot of credit for much of what we have to be proud of because the Liberals were the government in many of those years. It is a historical fact that a lot of the things we are now building on were put in place by a Liberal government, not all of them, but a good bit of it.

Certainly the current leader of the third party is a respected individual who has history on the national file, not only as a national leader but as a provincial leader. The member for Saint-Laurent—Cartierville is a well-regarded academic expert on matters of constitution, regardless of how one feels about the Clarity Act. I know it is not loved unanimously, nonetheless it was an important piece of our Canadian history in building and strengthening our great country.

I use those two members as an example because I am saying positive things about the Liberals. They are important contributors to a national debate, whether one agrees with them or not. However, I am disappointed because all I have heard so far is the cost. However, that is real, especially at a time such as this economic era.

I think back to the Liberal governments of the past. Would they have led with that issue and said that the most important thing in terms of building Canada was to keep the costs down, like that was the priority? It is always important, but is it really the priority this time?

The Liberals suggest that we cap and then look at proportional representation. I am just happy when Liberals say the words “proportional representation”. It is a good start. It is an intriguing idea, but it feels more like an escape hatch than a new idea because it allows the Liberals to stand on one piece of ground, and that is the cost and how big this place will be. Again, it is an issue but that is it.

When the leader of the third party was the premier of Ontario, he played a significant historical role in the Charlottetown accord, notwithstanding the outcome was not as good as I am sure he and others hoped. It was in the Charlottetown accord where the first notion of a percentage floor of Quebec's seats, in terms of its political weight, would be maintained going forward, no matter what. That number was 25%. Now it is interesting that not only was the leader of the third party a signatory to that agreement, but the prime minister of the day was a Conservative.

If this notion of providing that kind of a guarantee is so un-Canadian, is just pandering to the province of Quebec and is loosening the ties that create our country, if that is what is wrong with our coming out with 24.35% and tying it to the day that we all stood unanimously in this place and proudly recognized the Québécois as a recognized nation within a united Canada, we believe it is building and strengthening Canada. It is certainly showing Quebec the same respect that the prime minister of the day and those premiers unanimously agreed would be a component of the Charlottetown Accord.

I raise that because I would like to hear what the leader of the third party thinks about the notion of 24.35%. Given that he was a signatory to 25%, I would like him to do exactly the same thing. I would very much like to hear more from the third party on what it thinks about the bill, the seats and the formula. Maybe we will hear from it and I will stand corrected, which would be great. However, we have not heard a lot. All I have really heard is the Liberals found this ground of the cost because people were concerned about it. It is part of being a parliamentarian. We defend what we believe in. We know that democracy can be slow, tedious, messy and expensive, but it is still better than any other system around. Therefore, we are wedded to it and we want to make it work. We see the expense as an investment in Canada, an investment in strengthening Canada. I ask my colleagues to remember that if Canada were easy to build, everyone would have one. It is not. It is a difficult country to build.

Let me underscore the importance of the committee, and I will end on that. It is close to where I began. So much work needs to be done there. The member for Elgin—Middlesex—London cannot do much more than what he did, which is to say he is looking forward to chairing that kind of a meeting. However, the member does not have the power to say that is the way it will be. That will have to come from on high. I know it is a shock to my colleague's ego but I am sure he will survive it.

Truly, honestly and sincerely we need some indication from the government that it will approach it the same we are looking at reviewing the election laws. I applaud the government, the chair and everyone on that committee because it is good work and I enjoy it. It is challenging but in a positive way, where we are all trying to find how we can work together rather than how we can be the strongest, apart, fighting one another. After 26 years in politics, I find that a lot more fulfilling than going into our respective corners and starting to politically shoot.

Regardless of the machinations of today--the speeches, the give and take and the cut and thrust of what happens in this place--given the importance, we are hopeful that when we get to committee, it will be meaningful, real give-and-take discussions and work.

If it is the other approach, in which the Conservatives just say, “This is our bill. We are not changing anything. We do not care if you do not like it. Take the time that you get to speak, and when you are done bothering us with your words, then we are going to utilize the 100% of power that we got with 39% of the vote. We are going to shut you down and we are going to dictate what is going to happen”, that attitude has nothing to do with building Canada. What is needed is co-operation and respect for each other, for all our provinces and for everyone's rightful place in our country.

Let us get to work. When we are finished the politics of the voting and debating today, I urge the Conservatives to signal that they want to entertain meaningful discussions to get as close as possible to, ideally, one bill that we could all support, so that even if we are in disagreement at some point, the overall exercise would leave Canada stronger than when we started on the bill.

With that, Mr. Speaker, I will end my remarks. Thank you again for the opportunity.

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 second time and referred to a committee, and of the amendment.

Fair Representation ActGovernment Orders

November 3rd, 2011 / 4:15 p.m.
See context

Conservative

Joe Preston Conservative Elgin—Middlesex—London, ON

Mr. Speaker, I hear someone who probably did that yelling from the other side.

Happily, we no longer have the problem of gerrymandering. It simply does not happen in our country any longer, largely because of the impartial, independent process set out in the Electoral Boundaries Readjustment Act.

In November 1964, the legislation was passed to assign the responsibility for readjusting the electoral district boundaries to commissions independent of Parliament and parliamentarians.

For political neutrality, each commission was, and still is today, chaired by a judge designated by the chief justice of the province. When passed, there were to be three members for each of the commissions. One of these was a person called the representation commissioner, a public servant who was to sit on every commission. The post of representation commissioner was abolished in 1979 and most of the duties were transferred to the Chief Electoral Officer of Canada. That is where we stand today, a three member commission for each province.

Initially, the two other members were to be political appointees, one each from the governing party and the official opposition party. The Speaker of the House of Commons now makes those two appointments in the interest of greater impartiality and independence.

Now each province has a three member boundaries commission chaired by a judge and comprising two other members appointed by the Speaker. As each of the three northern territories constitutes an electoral district, they do not require an electoral boundaries commission.

The goal is a readjustment process that is generally free of partisan considerations. We have largely succeeded in accomplishing that goal.

That said, parliamentarians still do have input. They can make representations to the commissions during the public consultation period for those commissions. They can lodge objections during the parliamentary review process which is run through the procedure and House affairs committee, of which I am the chair. I look forward to the contributions and many visits by members to do just that during the process.

In all cases, the final decisions on the boundaries are made by the commissions. This is the guarantee of independence and impartiality. Partisan members can make presentations and lodge objections which the commissions will consider, but the commissions' decisions will be final. During the course of their work, the commissions receive professional, financial, technical and administrative assistance from the Chief Electoral Officer and his staff at Elections Canada.

Our procedure and House affairs committee visited the Chief Electoral Officer; all parties were in attendance. The committee tends to meet about once a session with the Chief Electoral Officer to talk about his goals and what is coming up. During the past three or four minority Parliaments, it was always about election readiness, but the Chief Electoral Officer, during this majority House, is quite happy to talk to us about being faced with the redistribution of seats and the redrawing of some electoral boundaries. He was quite forward with us as to how quickly this process has to start, that it cannot be delayed and that he has a great amount of work to do based on this project. He shared with members of the committee that he was looking forward to getting at it, as he put it.

As I mentioned, Bill C-20 makes some changes to the timelines of the commission process. The readjustment process would continue to be based on the census results which provide population counts at the geographic level that are necessary to accurately revise the electoral boundaries. The member who spoke before me talked about the size of ridings. His colleague mentioned how even within the province from which they both come, there is a difference in population of 20,000 between some of the ridings. It is imperative that we use the census to set the pace.

The existing provisions in the Electoral Boundaries Readjustment Act call for the independent boundary commissions to be established in each province within 60 days of the receipt of the census return. The 2011 census is scheduled to be received on February 8, 2012, so it would be within 60 days of that date. The commissions then have one year to produce an initial report setting out the proposed boundaries and the names for the ridings, during which time they are required to hold at least one set of public consultations. Once the reports are finalized, the Chief Electoral Officer prepares a draft representation order which is forwarded to the responsible minister and proclaimed by the Governor in Council. The order becomes effective on the first dissolution of Parliament that occurs at least one year after the proclamation is issued.

Under the current timelines, it may take anywhere from 30 to 38 months to complete the readjustment process following the release of the census results.

There is some flexibility in the timelines as each commission works at a slightly different pace. There are some timeline extensions available if the commissions find them to be necessary. It would mean that the process would not be completed until about November 2014. The changes proposed in the bill aim to shorten these timelines in the current boundary readjustment process with a view to streamlining the process.

In particular, the bill proposes the following amendments: The independent boundary commissions would be established no later than six months following the census, or within 60 days of the census results being released, whichever comes first. The notice period for public hearings would be set at 30 days, down from the current 60 days. All persons interested in making submissions at public hearings would still need to provide the commissions with notice. The commissions would have the option of waiving this requirement if it was considered in the public interest. The timeline for the commissions to produce the reports would be shortened to 10 months, with a possible two-month extension, which is down from 12 months, with a possible six-month extension. The time period for the implementation of the representation order would be reduced to 7 months, which is down from 12.

With these changes, it would be possible to bring forward the completion of the boundary readjustment process to early 2014. That would give everyone, including the very busy and organized folks over at Elections Canada, the House and all registered parties more time to prepare knowing the new boundaries early in 2014. These changes and the other minor changes in the bill are to streamline and modernize the process to allow Elections Canada the flexibility and time it needs to do the work for the next election.

We politicians recognize that certain boundary changes will make work for us. We will have to look at how we are going to act within those new boundaries and whether we are picking up a new piece of a riding, losing a piece of an old riding, or whether there are no changes at all. Elections Canada has to then establish Elections Canada entities within each of the new ridings and under the new riding names too. It has work to do following the completion of the report. I do not think it can be done within moments of the next election. Elections Canada needs some time to do it; that is what it has shared with us.

The changes we have suggested in shortening some of the timelines are reasonable. We have not compressed the timelines too much. We have left time for the commissions to do their work, to hold their public meetings, for people to make presentations. Oftentimes there is one commission per province. People sometimes suggest changes to a certain boundary because it splits a neighbourhood and that type of things, so there is time for the commission to do it.

All the changes are sourced in either the recommendations from the Chief Electoral Officer's reports, past reports from the Standing Committee on Procedure and House Affairs, or the report from the Royal Commission on Electoral Reform and Party Financing, known as the Lortie commission. The changes we are looking to make in the Electoral Boundaries Readjustment Act and in Bill C-20 have all been suggested by one of those sources.

There is ample public evidence and justification for the reasons and value of implementing these changes. We can be assured that Elections Canada will be fully prepared to implement and facilitate these changes in time for the next election.

As I have said, the Chief Electoral Officer has recommended many of these changes before. In the committee's visit to Elections Canada, he was very adamant that we meet the timeline so that he can meet his and is able to complete the process. For some of us, the spring of 2014 sounds far away, but as this process unfolds, it is a long time between each step and each step takes some period of time.

In order to make it work, it is important that we give Elections Canada enough time to set up the commissions, allow the commissions to do their job, have the report come back to the Standing Committee on Procedure and House Affairs, at which point members of the House would also have an opportunity to discuss their own ridings. Then it would go back to the commissions for final approval and in time for people to prepare for the next general election.

The fair representation bill fulfills our government's long-standing commitment to move to fair representation. It would bring faster growing provinces, like Alberta, B.C. and the one in which I live, Ontario, closer to representation by population.

As we have heard discussed here today by many members of Parliament, one of the founding principles of our founding fathers was to get as close as we could. We have drifted a bit away and this would help bring us back to that proportional representation, while still 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 different provinces across the country.

Last night, I had the opportunity to meet with a group of teachers from all the provinces and territories who were in town and, for the most part, they had a great interest. The ones who came to Ottawa obviously had some great interest in politics, or civics or history in the sense of our Parliament. As this was being debated yesterday, and some were here to hear some of this, it was a topic of conversation at dinner last night among many of those teachers. When we were talking about civics and history, the Ontario teachers were saying how they could relate it back and make some excitement for their students about the history around the founding of our country, the founding fathers of our country and the principles they tried to design Canada around. Now, here it is, some 140 some years later, and we are still talking about achieving representation by population.

If I remember back to my grade 6 history. I was kind of nodding off on representation by population. It has taken a great interest in history through my life to try to get back to it. Our founding fathers did something really great when they created this place. It is really good to hear teachers whose passion it is to try to share that and actually get through to guys like Joe when he was there before. I was really pleased to have that conversation last night. It was so timely with the debate that we are having here today.

In short, this is the best formula to move toward fair representation in a principled manner. It includes reasonable and long-standing updates to the timelines of the boundary readjustment process, which I spent a great deal of time talking about here, about how it happens after we pass the bill and how we really get to those new boundaries.

The bill is both good and very long overdue. I hope all the hon. members in the House also agree and will support the bill to try to bring us a little closer to where our founding fathers started us out.

The House resumed consideration of the motion that Bill C-20, Fair Representation Act, be read the second time and referred to a committee, and of the amendment.

Business of the HouseOral Questions

November 3rd, 2011 / 3:10 p.m.
See context

York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons

Mr. Speaker, nobody would be more delighted than I if we could actually not have to use time allocation, but so far we have not seen an indication from the opposition parties that they are prepared to deal with bills on an expeditious basis. We feel the need to actually get things done here and deliver on our commitments.

In fact, in each of these cases since we started in September, each one of those bills continues to be debated in the process in the House of Commons. At committee, they have not even returned here for report stage yet, let alone third reading. Extensive debate is taking place.

The fact is that the parliamentary process is a lengthy one with many stages. We want to ensure that bills have an opportunity to get through those stages so they can become law, so we can keep the commitments that we made to Canadians.

We are making good progress this week, democratic reform week.

We introduced the Political Loans Accountability Act, which will prevent future leadership contestants from bypassing the law’s contribution limits by running up huge interest-free loans from supporters. We saw this in the 2006 Liberal leadership race. Many of those loans do not get paid off and are really donations over the legal limit.

We have also begun debate on Bill C-20, the fair representation act. I am pleased that this bill will be voted on tonight before being referred to committee for study. The bill restores respect for the founding principle of our country at the heart of Confederation, that Canada's first Prime Minister, Sir John A. Macdonald, forged, that of representation by population. The bill moves every single province closer to the principle of representation by population, that each vote should have, to the extent possible, the same weight.

I know that some members may be disappointed that we have not yet had an opportunity this week to debate Bill C-7, which is the Senate reform act, but they can rest assured I will be calling that bill for debate as our first item of business on the Monday following constituency week. It is part of what one opposition member properly calls our comprehensive democratic reform plan.

Tomorrow, I hope we can deal with Bill C-16, the Security of Tenure of Military Judges Act, and Bill C-15, the Strengthening Military Justice in the Defence of Canada Act. I hope both bills, which make important revisions to the military justice system, will garner all party support.

Of course, next week is a constituency week where members will be in their ridings speaking to Canadians about the issues that are important to them.

I know that most Canadians, whom I have spoken with at least, think that the jobs and economic growth issues are the top priority and they expect their government to focus on that right here in the House. With this in mind, the next week that we are back will be a jobs and economic growth week.

Jobs and economic growth week will kick off on Monday afternoon when we will again debate the copyright modernization act. The opposition introduced a motion to keep this bill from ever being debated at committee. This is disappointing. The bill would modernize our copyright laws and encourage job creation in one of Canada's most dynamic and important sectors of the economy.

I understand that the finance committee is meeting later today to conduct its clause-by-clause consideration of Bill C-13, the keeping Canada's economy and jobs growing act, that implements the next phase of Canada's economic action plan. I will give priority to this job creation bill when the committee has completed its study. I anticipate scheduling report stage for Tuesday and Wednesday, which will undoubtedly be the highlight of jobs and economic growth week. This bill would implement important measures from our low tax plan for jobs and growth, including tax relief for small businesses that create jobs and a new tax credit for children who go to dance classes or take arts, music, or language lessons. I hope that it will pass swiftly through the House so that the measures can be implemented for the benefit of our economy and indeed all Canadians.

Finally, Thursday, November 17, will be an allotted day.

Second ReadingFair Representation ActGovernment Orders

November 3rd, 2011 / 1:50 p.m.
See context

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, I agree with the member in terms of the Canadian Wheat Board. The government has not been listening to what our prairie farmers have been saying.

Having said that, with regard to Bill C-20, does the NDP have any limit as to what it believes the size of the House of Commons should be?

Today, it does not have a problem with 338 which is being proposed by the government. Do the NDP members have an optimum number, or do they see this as a thing in progress, that as the years go by, the House will just continue to grow and grow?

Second ReadingFair Representation ActGovernment Orders

November 3rd, 2011 / 1:40 p.m.
See context

NDP

Peter Julian NDP Burnaby—New Westminster, BC

Mr. Speaker, I will be sharing my time with the very talented, eloquent and hard-working member of Parliament for Edmonton—Strathcona and I look forward to hearing her speech on the bill.

This is a technical bill that has ramifications for the whole country and I am pleased to rise to speak to it. It is something we have expressed concern about before. In the time I have, I will give a bit a background to the bill itself and the issue of seat redistribution in the House of Commons.

As members are well aware, this has been part of the growth and development of Confederation and Canada. Over time, we have tried to maintain a couple of principles in the House of Commons. One is to ensure that provinces with fast-growing populations get more representation. At the same time, we have also had a tradition in the House of Commons of providing support and a floor level representation from regions across the country. That floor has been the story historically for Atlantic Canada, and I will come back to that in a moment. It creates some differences, but it is something that Canadian accept as part of the nation-building exercise. That type of floor has also been in place for the territories.

Members who have had the opportunity, as I have, to travel to the northern territories know they are vast areas of Canada. Unbelievably large portions of our three northern territories do not meet the population criteria of the House of Commons, but clearly Canadians believe those areas of the country should be adequately represented. Therefore, we have put floors in place for them as well.

This has been the development over time. The nation-building exercise has always been to look at those two components and ensure that both the historical representation and the floors for ensuring clear representation and adding additional seats come into play. What has developed over time is that system of great Canadian compromise and nation-building of working on both aspects to ensure Parliament's representation is clearly representative.

I come from British Columbia and it has historically grown faster than its representation in Parliament. When we look at the figures, clearly there is a need for increased representation in British Columbia.

Coming back to what I mentioned earlier about Atlantic Canada. My riding of Burnaby—New Westminster, because there are many new Canadians who are not yet Canadian citizens and are who not on the voters list, has a population of about 120,000 or 130,000. That is slightly under the population of Prince Edward Island. Historically, P.E.I. has strong representation with four seats in the House of Commons. The system of ensuring historical representation for areas that are faster growing has always been part of the dynamic in play. There is no doubt that British Columbia needs additional seats.

In my riding of Burnaby—New Westminster and the riding of Newton—North Delta, the number of constituents is very great and there needs to be more seats in British Columbia to ensure that B.C. is adequately represented and members of Parliament can properly represent their constituents.

As we know, the job of being a member of Parliament is far beyond speaking in the House of Commons and having other members listen attentively. The job of being a member of Parliament for the most part is in the riding. As members of Parliament are intervening on behalf of their constituents with federal agencies and federal ministries, the machinery of government sometimes does not work effectively. Members of Parliament are there to ensure that our constituents are fully and adequately represented and we go to bat on their behalf.

If we have more members of Parliament in British Columbia, that means we can focus on slightly fewer constituents and ensure that we do that strong, necessary advocacy work on their behalf with the federal ministries, federal agencies and on federal programs where constituents may have applied, or intervened or made application and were not treated in the fair and just way that they should have been. We are advocates first and foremost. Therefore, having those additional seats plays an important and key role.

That is where we get into some difficulty and have some concerns with Bill C-20. In looking at how the various iterations of the bill have played out and the various formulas that have been applied, we have gone through three different formulas to calculate representation in British Columbia. What we have seen in B.C.'s case is a smaller number of seats through this process. That is of some concern, not so much the fact of having a seat in the House, because even that is an important aspect of our work, but having that representation out in the community and being able to effectively represent and advocate on behalf of the 120,000 or 130,000 constituents, which is a different order than advocating effectively on behalf of 110,000 or 115,000 constituents.

That is very clearly where seat distribution and MP distribution in the House of Commons comes to play. It makes a fundamental difference when we have that balance and we have those additional seats. Because we have seen the various iterations and the number of additional B.C. MPs brought down, this is where I see some real concerns about the latest formula that has been brought forward at this time.

Members may say that the bill will go to committee. Certainly, we on this side of the House have always been ready to work with the Conservative government in a way that we expect it to work with us. One day the NDP will be in government and the opposition parties will get the opportunity to see not only lively debate but what healthy, transparent, effective representation and working with opposition parties will bring. There is no doubt that many Canadians look forward to that date in 2015 when the NDP steps forward.

Our concern is the practice of the government in committee has not been good to date. It has often bulldozed and steamrolled opposition parties rather than listen to the healthy points of view that we bring forward, particularly on this bill.

This is a nation-building exercise. This is a point which shows how the government and we as Parliament respect all regions of the country. It talks to the historic representation of Atlantic Canada and the northern territories. It talks to the historic and important representation of Quebec that we have brought forward in our bill. It points to the representation of Saskatchewan and Manitoba despite population changes there. As well, it points to additional seats in places such as Ontario, Alberta and British Columbia.

We have brought forward and supported legislation for the healthy, nation-building establishment of a consensus. We certainly hope the government will start listening, consulting and really working with the Canadian public and with opposition parties so a bill such as Bill C-20 can appropriately be part of a nation-building exercise. To date, that has not been the case, but I hope the government will change in this regard.

Second ReadingFair Representation ActGovernment Orders

November 3rd, 2011 / 1:35 p.m.
See context

Bloc

André Bellavance Bloc Richmond—Arthabaska, QC

Mr. Speaker, the hon. member is telling us just how important the changes proposed in Bill C-20 are for his riding. That is indeed the change that will be made to his riding, but what about my riding and the other 74 ridings in Quebec? There are two sovereignist parties and two federalist parties in the Quebec National Assembly and they are all clearly saying that the political weight of Quebec must not be reduced. We are not talking about demographic weight, but about political weight.

My question for the hon. member is very simple. What does he think of the motion adopted here in 2006 that recognizes Quebec as a nation? What does the Quebec nation mean to him?

Second ReadingFair Representation ActGovernment Orders

November 3rd, 2011 / 1:10 p.m.
See context

Conservative

Parm Gill Conservative Brampton—Springdale, ON

Mr. Speaker, I appreciate the opportunity to speak on behalf of my constituents of Brampton—Springdale in support of Bill C-20, the fair representation bill. The bill fulfills our government's commitment to move toward fair representation in the House of Commons.

During the last election, we made three distinct promises to ensure that any update to the formula allocating House of Commons seats would be fair for all provinces.

First, we would increase the number of seats now and in the future to better reflect population growth in British Columbia, Ontario and Alberta.

Second, we would protect the number of seats for smaller provinces.

Third, we would protect the proportional representation of Quebec according to its population.

Our government will fulfill each of those promises with this bill, and I am very pleased about it.

Fairness in representation for all Canadians is an important goal. The vote of every Canadian, to the greatest extent possible, should have equal weight. This is a fundamental democratic concept and a key Canadian value. All citizens should have an equal say in who is elected to represent them in Parliament and in this House. It is important that we act to ensure we are moving toward that goal and not away from it.

The current formula for allocating seats in the House of Commons is outdated and does not meet the current needs of constituents in my riding of Brampton—Springdale and across Canada. The current formula moves us away from fair representation a little bit each and every day. This problem is particularly serious in and around my riding of Brampton—Springdale. Directly to the west of my riding is the riding with the largest population in Canada, Brampton West. Directly east is the fourth largest riding, Bramalea—Gore—Malton. Within a 15 minute drive of my riding, I can reach seven of the ten largest ridings by population in Canada.

My riding of Brampton—Springdale was created in 2004. The census data from 2006 showed that Brampton—Springdale was the 13th most populous riding in the country.

All of those ridings, including my own, suffer from what the minister described as a representation gap and this representation gap must be fixed. The seat allocation formula that provides for new seats in the House of Commons every 10 years now dates from 1985.

Back in 1985, the members of the House decided on a formula that did not put a priority on fair representation. The formula we have now does not properly account for population growth. In fact, it is especially bad at dealing with large population growth in large cities in our largest provinces. My riding of Brampton—Springdale fits that description exactly. It has large population growth, is a large city and is in one of Canada's largest provinces, the province of Ontario.

Many of the ridings surrounding it also fit that description. Most areas surrounding the GTA suffer from the inability of the 1985 formula to properly account for population growth. The problem is not limited to the GTA only. The problem is seen across the country, especially in Ontario, British Columbia and Alberta. Because the existing formula does not compensate very well for large population growth, Canadians in our largest and fastest growing provinces are moving further away from fair representation.

I have said that this representation problem is especially serious in my riding and the area surrounding it. The minister agrees, as do many of my hon. colleagues in this House. However, what are the implications of the representation problem?

In March of last year, and last month, we were provided with evidence that describes the problem. In the report , “Voter Equality and Other Canadian Values: Finding a Balance”, Matthew Mendelsohn and Sujit Choudhry wrote the following:

This problem is getting worse and, unless there is fundamental reform, will continue to do so in the future. Moreover, the character of voter inequality is changing.

They wrote that the combination of problems with the current formula and the high level of immigration increasingly disadvantages new Canadians and visible minorities. This is because many new Canadians choose to live in densely populated suburban areas, like my riding of Brampton--Springdale and the ones next to it. These are exactly the types of ridings which the 1985 allocation formula leaves under-represented.

Mendelsohn and Choudhry wrote:

[I]t recognizes the new reality of Canada: that it is Canadians of multi-ethnic backgrounds living around our largest cities, particularly the GTA [greater Toronto area], who are under-represented, injecting a new dimension of inequality into our federal electoral arrangements.

More than 56.2% of my constituents are part of a visible minority group and of multi-ethnic backgrounds. Members can understand why the fair representation act would be greatly welcomed by my constituents. This representation gap needs to be fixed as soon as possible. Not only are my constituents becoming more under-represented, but they are becoming more under-represented much faster than Canadians in other parts of the country.

We need to follow the principle of representation by population as closely as we can, but the current formula does not do that. This is a serious problem that requires immediate solution. I think that Bill C-20, a bill that is applauded by my constituents, is that solution.

With the fair representation act, our Conservative government is delivering a principled and reasonable update to the formula to allocate seats in the House of Commons.

The bill would do a number of things. It would move every province toward representation by population in the House of Commons. As I have said, this is an important democratic principle that we need to be moving toward, not away from. It would address the representation gap by moving Ontario, British Columbia, and Alberta significantly closer to representation by population. This is important because this is where the most under-represented people are living.

Using the formula put forward in the bill, Ontario would receive 15 new seats, British Columbia would receive 6 new seats, Alberta would receive 6 new seats, and Quebec would receive 3 additional seats. The bill would increase seat counts for these provinces, both now and in the future, by ensuring that population growth would be more accurately factored into the seat allocation formula. In this way, the principle of representation by population would be followed to a much larger degree, which would be much fairer for all Canadians.

Not only would representation be better now, but it would also be better in the future. The representation gap would become much, much smaller and the fast growth of the problem under the current formula would be stopped. At the same time, Bill C-20 would ensure that smaller and slower growing provinces would maintain their current number of seats. This is only what is fair to those parts of the country, and it is reasonable and principled to maintain their effective representation in the House.

The legislation would also fulfill our platform commitment to maintain Quebec's representation at a level proportionate to its population.

It is important to highlight that this is exactly what we promised in the last election and this is exactly what we are delivering. We are keeping the promises we made to Canadians during the election campaign.

Quebec would receive three new seats, since the purpose of the bill is to move every single province toward representation by population in a fair and reasonable way. We are also being fair by making sure that the seat allocation formula would not move overrepresented provinces under the level which their population warrants. That would not be fair to those provinces and it would not be right for us to do that. This is in support of the principle of proportionate representation. It is another one of the fundamental principles in our democracy right alongside representation by population.

As I said, we are keeping our promises and we are keeping them in a fair and very reasonable way.

This bill would better respect and maintain representation by population. This bill would directly help under-represented Canadians, like the constituents in my riding of Brampton—Springdale, and in many other ridings in the GTA and elsewhere in this country.

This bill would ensure the effective and proportionate representation of all provinces, especially for smaller and slower growing ones. This bill would have national application that would be fair for all provinces. As the minister said, all Canadians from all backgrounds in all parts of the country expect and deserve fair representation. This bill would provide that in a very principled way.

Since we are talking about fairness, I would also like to talk about accuracy. After all, using the best data available to us is fair. This bill would ensure that when allocating seats to each province, the best data available would be used. This would ensure that Canadians are fairly represented. Instead of using the census population numbers, Statistics Canada's annual population estimates would be used. These estimates work to correct for some of the under-coverage in the census, and they provide the best data for the total provincial population. In that way we would make sure that Canadians in the faster growing provinces would be getting the representation they deserve.

This change would assist in making sure the growing representation gap was closed sooner rather than later. This would be especially helpful for people in ridings like mine and the many other faster growing ridings across Canada.

In Bill C-20, we are also maintaining the independent process that draws the riding boundaries in every province, and making sure that process also has the best data available for its purpose, too.

The readjustment of the electoral boundaries would be done using the census data, as it always has been done. Why is the census data best for this job? The census provides a population count street by street and house by house. This accuracy is necessary to most properly draw the new electoral boundaries and is the best data available for the job.

There would be no change to that aspect of the process, which has been the process since 1964. It will remain fair, impartial and independent. There would be some changes to streamline the process, however.

We want to make sure that the new seats and boundaries are ready for the next election so that Canadians get the fair representation they deserve as soon as possible. If we wait too long, Canadians will have to go for another decade or longer with worse and worse representation. That is not acceptable, so we will not allow that to happen.

In conclusion, this bill, the fair representation act, is a principled update to the formula allocating House of Commons seats. It is fair. It is reasonable. It is principled. It would solve an important problem that needs to be fixed and which will only grow worse if we fail to act for all Canadians. It would achieve better representation for faster growing provinces where better representation is strongly needed. It would address and correct the under-representation of many new Canadians in large suburban ridings like my own. It would also maintain effective representation for smaller and slower growing provinces. The fair representation act would deliver these things and would deliver on our government's long-standing commitments.

I hope that we can pass this sensible and good piece of legislation as soon as possible. The vote of every Canadian should have equal weight to the greatest extent possible, and we cannot delay that. The constituents in my riding of Brampton—Springdale expect that from us and we need to deliver.

Second ReadingFair Representation ActGovernment Orders

November 3rd, 2011 / 12:15 p.m.
See context

Conservative

Kyle Seeback Conservative Brampton West, ON

Mr. Speaker, I appreciate the opportunity to speak today in support of Bill C-20, the fair representation bill.

Last week, I had the privilege of being in Brampton with the Minister of State for Democratic Reform when we introduced the bill. I was happy to host him in my riding because Brampton West, as members of the House may or may not know, is somewhat of a poster child for the need for additional representation in the House of Commons.

As the minister mentioned yesterday in his remarks, according to the 2006 census, my riding was the largest in Canada. I have to admit that may not necessarily be the case now, as my friend from Oak Ridges—Markham may have overtaken me in the last five years, but I still represent one of the largest ridings in the country.

By the last census, Brampton West was home to the largest number of Canadians in any one constituency, in excess of 170,400 people. The population growth has continued and the number of people in my riding has significantly increased and, by my estimates, now stands at approximately 190,000 people. As the minister remarked yesterday, that 170,000 compares to an average national riding size of just under 113,000. That is quite a gap. Representing that many people is a challenge.

I represent a lot of people in a small geographic area. I also recognize that representing a smaller number of Canadians but over an exponentially larger riding is also a daunting challenge of a different type, which many of my colleagues face.

Which ridings are largest, whether on the basis of population or land, is not as important as the principles of fairness behind the system that apportions our ridings. The current formula that determines the number of seats in each province is unbalanced and needs a fix. In fact, under our current formula, Ontario would only receive three additional seats. This bill is a fair, principled and reasonable fix.

The bill also fulfills our government's commitment to move toward fairer representation in the House of Commons. During the last election, we made three distinct promises to Canadians with respect to fairness in representation.

First, we committed to increasing the number of seats now and in the future to better reflect the population growth in the faster growing provinces of British Columbia, Ontario and Alberta. Second, we committed that we would continue to protect the number of seats for smaller provinces. Finally, we committed to protecting and ensuring the proportional representation of Quebec.

We made those promises during our election campaign and Canadians delivered a strong, stable, national, majority Conservative government. Our strong, stable, national, majority Conservative government will be fulfilling those promises with this bill.

Canadians strongly believe in fairness in representation. Fairness in representation for all Canadians is an important goal. We said this before and we will continue to say it. The vote of every Canadian to the greatest extent possible should have equal weight. Without the passage of the bill, we will continue to move away from fairness.

The faster growing provinces need to be treated much more fairly. Furthermore, failing to provide a fair level of representation to these rapidly growing provinces and regions is to deny new Canadians, and visible minorities in particular, their rightful voice in the chamber.

I have the privilege of representing a riding that has a large number of visible minorities and new Canadians. By recent statistics, Brampton West is home to a 55% visible minority population and their votes right now are not being treated equally with other voters across this country.

The proportion of new Canadians living and arriving in the fast growing areas of the country is much higher than elsewhere. Population projections confirm this. The GTA, the region where I come from, is projected to grow by 50% over the next 20 years. A similar trend is projected for Vancouver, Calgary and Edmonton.

The number of visible minorities in our country will continue to grow. In fact, Statistics Canada reports that, by 2031, one in three Canadians will be a visible minority, up to 14.4 million Canadians. The fact is Canadians in the fastest-growing areas of our provinces are being severely shortchanged with their representation. The effects of the representational imbalance are real. They are real for Canadians in fast-growing provinces whose voices are not heard in the chamber, not represented here and not heard as strongly as they should be.

By allowing under-representation to continue, we are sending a signal to those Canadians that their interests are not as important as those from other regions of the country and that they should somehow count for less. That is not fair. This is not what we should be saying to the, but it is the result of the current flawed formula and it will stay that way until we change it.

The bill proposes to change it and change it in a principled, balanced and fair way. That is why I do not understand the reasoning behind the NDP's amendment. It moved an amendment yesterday to refuse to give second reading to the bill, and I am quite surprised. I recall just last week, on the day we introduced the bill, the NDP critic, the member for Hamilton Centre, sat beside his leader and told the assembled media that this was a good bill. He said that the bill was a positive step that moved in the right direction. We are still moving in the same direction and the direction has not changed. We are moving in the direction of fairer representation for Canadians in faster-growing provinces who are increasingly under-represented.

This problem is particularly serious in and around my riding. Within a 15-minute drive of my riding, I can reach seven of the ten largest ridings by population in all of Canada. The member for Hamilton Centre can get to all of those seven ridings in a fairly short trip as well. He is from an urban centre just as I am. He knows we face large representation problems that must be fixed. He has said so in the past. In fact, a large number of his NDP colleagues should well know the under-representation problems we face. After all, many of them were elected in the hearts of urban centres.

There are fundamental and important questions that need answering and fairness that needs achieving. The NDP amendment says no, that there will be no answers. It says that New Democrats do not want balanced, reasonable, nationally-applicable fairness. It says that they want something else. They are wrong. New Democrats do not seem to be on board with ensuring fair representation to the rapidly-growing populations of Canadians in Ontario, British Columbia and Alberta. Instead, they are obstructing this fair and reasonable bill and attempting to offer a flawed alternative in its place. Their alternative has dubious constitutional credentials and I personally do not think it will fly.

As I have said, their bill's viability aside, we are dealing with important issues of fundamental, democratic fairness. These issues get to the heart of our ability to be effective representatives for our constituents. One of the greatest demands of constituents is a sense of equality in their voting power and privilege. Their votes should have roughly equal weight. As we all know, right now that is not the case.

Taking a look at the riding of Brampton West is the perfect example of that. The riding of Brampton West has a larger population than Prince Edward Island, which has four members of Parliament. The voices of voters in Brampton West are not being treated equally.

Yes, change is a very complicated thing, no one is denying that, and I understand the desire to get it right, but we cannot make perfect the enemy of very good. There is no way we will ever have a perfect system of representation by population in Canada. We have other competing but equally-important principles that must also be preserved for the health of our country. We do not propose to move so far toward representation by population to disturb the other constitutionally-enshrined principles.

Bill C-20 would allow smaller and slower-growing provinces to maintain their current number of seats. This is fair. We must maintain their effective representation. The legislation would also fulfill our platform commitment to maintain Quebec's representation in the House of Commons at a level proportionate to its population. That is also fair. We are keeping our promise that we made to Quebeckers.

We will also be fair by ensuring that the seat allocation formula will ensure it does not move overrepresented provinces under the levels which their populations warrant. This is also a very important point, as it will protect and promote the principle of proportionate representation, one of the fundamental principles in our Constitution, right along with representation by population. As we have been emphasizing, the bill would also better respect and maintain representation by population. The bill has national application that is fair for all provinces.

As the minister has said, Canadians from all backgrounds in all parts of the country expect and deserve fair representation. However, we have allowed the House to move too far away from representation by population, that founding constitutional principle. The gap between how many voters an MP represents in a fast-growing province compared to one in a smaller or slower-growing province has never been greater. The gap today is bigger than at any point in our country's history since 1867. I know first-hand about that inequality and it is something we absolutely have to change.

While balancing the need to respect the other foundational principles, we need to move much closer to representation by population. Bill C-20 would do that by increasing the seat counts for the faster-growing provinces, both now and into the future, by ensuring that population growth would be more accurately factored into the seat allocation formula. In this way, the principle of representation by population would be followed to a much larger degree, which would be fairer to all Canadians.

The representation gap that my colleagues have spoken of will become much smaller and the fast-growth problem, under the current formula, will be stopped. This bill would ensure that when we allocated seats to each province, we would use the best data available to us.

This too speaks to fairness. Instead of using the census population numbers, the bill would use Statistics Canada's annual population estimates. These estimates provide the best data we have on the total provincial populations across the country. In this way, we will ensure that Canadians in the fastest-growing provinces get the representation that they so well deserve. This will be especially helpful for people in areas just like mine because their growth will not stop in these fast-growing areas. Day after day, week after week more residents are moving into the fast-growing areas and into Brampton West. I witnessed them replacing the rows of corn that used to grow, with rows of houses. This growth will not stop and we cannot continue under the same formula.

We will also maintain the independent process that draws the riding boundaries in every province, ensuring that process also has the best data available to it. The readjustment of the electoral boundaries will be done using the census data, as it always has been done.

The minister and my colleagues have made this point before me, but it is important to make it again. There will be no change to the independent boundary process. It will remain fair, impartial and independent. As has been pointed out, we will make some changes to streamline the process. We will make some timeline changes, though they will not affect the quality of the process, only the timing.

I have made the point already that if we wait too long, Canadians will have to go on for another decade, with worse and worse representation. That is not acceptable. On this side of the House, we will ensure that this does not happen.

This bill, the fair representation act, is a principled update to the formula allocating House of Commons seats. It is fair, it is reasonable and it is principled. It will achieve better representation for fast growing provinces where better representation is so desperately needed. It delivers on our government's long-standing commitments, and I am proud to stand in the House today and say that I fully support it, along with my colleagues.

The House resumed consideration from November 2 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 second time and referred to a committee, and of the amendment.

Bill C-20--Time Allocation MotionFair Representation ActGovernment Orders

November 3rd, 2011 / 10:55 a.m.
See context

York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons

Mr. Speaker, I move:

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

At fifteen minutes before the expiry of the time provided for government business on the day designated for the consideration of the said 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.

Second ReadingFair Representation ActGovernment Orders

November 2nd, 2011 / 5:20 p.m.
See context

Edmonton—Sherwood Park Alberta

Conservative

Tim Uppal ConservativeMinister of State (Democratic Reform)

Mr. Speaker, I am very happy to have this opportunity to speak about fairness and representation for all Canadians.

In the last election and in previous elections, our party committed to Canadians that we would address the growing unfairness in representation. During the last election, we made three distinct promises to ensure that any update to the formula allocating House of Commons seats would be fair for all provinces.

First, we would increase the number of seats now and in the future to better reflect population growth in British Columbia, Alberta and Ontario.

Second, we would protect the number of seats for smaller provinces.

Third, we would protect the proportional representation of Quebec according to its population.

Our government received a strong mandate to move toward fair representation in the House of Commons, and we are delivering on that commitment.

Bill C-20, fair representation act would provide fair representation for Canadians living in the fastest growing provinces of Ontario, British Columbia and Alberta.

First, I would like to outline the problem that we need to fix.

According to our Constitution, every 10 years the number of House of Commons seats allocated to each provinces is revised. The way this is done is through the seat allocation formula explained in section 51 of the Constitution Act, 1867.

The seat allocation formula in place now dates from 1985. Back in 1985, our predecessors in this place faced a decision. They could either allow the size of the House of Commons to grow roughly in line with population growth, or they could attempt to restrain the growth of the House of Commons. They decided on a formula that would restrain the growth in the House of Commons. In doing that, they entrenched a seat allocation formula that would remain anchored in the past and that would not properly account for population growth in the future.

The most obvious and unfortunate result was that the representation of Canadians in our largest and fastest growing provinces was discounted. In fact, population growth was largely ignored by the formula and fairness in representation for Canadians suffered more and more as time went on. To be fair, the problem was not simply with the formula. It was flawed, certainly, but it needed help. Our population growth patterns were that help.

Population growth since the mid-1980s has seen significant higher than national average growth in Ontario, British Columbia and Alberta. Population growth in those provinces has been even higher in large urban and suburban areas. Under the 1985 formula, the population of these three provinces have become significantly and increasingly under-represented due to the population growth.

This has caused a representation gap. This representation gap should, of course, be addressed. To illustrate the need for addressing this representation gap, we look no further than the riding of my colleague from Brampton West. He joined me for the announcement of the bill last week in his riding and his riding is the perfect example of the need for this bill.

Brampton West is home to the largest number of Canadians in any one constituency at over 170,000 people. That population figure was as of the 2006 census, over five years ago. Truly that number is even higher right now. That 170,000 people compares to an average national riding size of just under 113,000 people. In fact, only our four largest provinces have average riding sizes of over 90,000 people.

Brampton West is represented by one member of Parliament, though its population alone could warrant almost two in most other areas of the country. Brampton West is also home to a considerable number of new and visible minority Canadians. Canada's new and visible minority population is increasing, largely through immigration. These immigrants tend to settle in fast growing communities like Brampton and in our fastest growing provinces like Ontario.

These three factors, high immigration to fast growing regions of the fastest growing provinces, combine to magnify the representation gap to these regions. This situation inadvertently causes new Canadians and visible minorities to be even more under-represented than the average.

It is clear for all to see that this situation undermines a principle of representation by population in our country. Brampton West is the most extreme example of the representation gap, but it allows us to put the problem into perspective.

If left with the status quo, the representation gap experienced by Canadians living in fast growing provinces and constituencies will grow even more striking. If left to grow worse, this gap could seriously threaten the legitimacy of our claim to being a representative democracy.

It truly is that important. This is a serious problem that requires an immediate solution. I propose that Bill C-20 would be that solution.

With the fair representation act, our Conservative government would deliver a principled and reasonable update to the formula allocating seats in the House of Commons.

The bill would do a number of things. It would move every single province toward representation by population in the House of Commons. It would address the representation gap by moving Ontario, British Columbia and Alberta significantly closer to representation by population. Using the formula put forward in the bill, Ontario would receive 15 new seats, British Columbia would receive 6 new seats and Alberta would receive 6 new seats. The bill would increase seat counts for these provinces, both now and in the future, by ensuring that population growth would be more accurately factored into the seat allocation formula. In this way, the foundation principle of representation by population would be much better respected and maintained, now and in the future.

At the same time, the bill would ensure that smaller and slower-growing provinces would maintain their number of seats. The legislation would also fulfill our platform commitment to maintain Quebec's representation at a level proportionate to its population. Quebec has just over 23% of the provincial population and it would have just over 23% of the provincial seats in the House of Commons. That is what we have promised and that is what will deliver.

Since the purpose of the bill is be to move every single province toward representation by population in a fair and reasonable way, Quebec will receive three new seats under a new representation rule applicable to all provinces should they need it. This rule will ensure that no province that is over-represented will experience representation less than what is proportionate to the population after any future seat adjustment. The reason for this is simple and fundamental. While the relative weight of provinces may fluctuate, our seat-allocation formula should ensure that efforts to move under-represented provinces closer to representation by population do not also bring over-represented provinces under the level which their populations warrant. This is in support of the principle of proportionate representation and is one of the fundamental principles in our Constitution, right alongside representation by population.

It would not be fair or principled to enact a formula that could punish a smaller or slower-growing province in that way. This rule is be part of the fair balance that we must strike.

We have an obligation to enact a formula that better respects and maintains representation by population. The bill would do this. We have an obligation to enact a formula that ensures the effective and proportionate representation of all provinces, especially for smaller and slower-growing provinces. The bill would do that. We have an obligation to enact a principled formula with national application that is fair for all provinces. The bill would do that. We have an obligation to work together to ensure that the vote of each Canadian, to the greatest extent possible, has equal weight. The bill would do that. Canadians rightfully expect fair and principled representation in their democratic institutions. I think this bill would provide that as well.

I would like to discuss the details.

As I have stated, Bill C-20, fair representation act, would update the constitutional formula for allocating seats in the House of Commons among the provinces. The seat readjustment formula has been updated by Parliament a number of times since Confederation, each time seeking to strike a balance among the principles I just outlined. Parliament acts through its authority to amend the Constitution in relation to the House of Commons under section 44 of the Constitution Act, 1982. This was the same constitutional authority under which the existing formula was passed in 1985. I want to make it clear that we are on firm and well-travelled ground.

The seat allocation formula operates by determining an electoral quotient which, theoretically, represents the average population per seat and then dividing the population of each province to determine the initial number of seats per province. Once initial seat allocations are produced, the formula provides additional seats to certain provinces, according to the two minimum seat guarantees outlined in the Constitution.

Added in 1915, the Senate floor guarantees that no province can have fewer seats in the House of Commons than it has in the Senate.

Added in 1985, the grandfather clause guarantees that no province can be allocated a number of seats that is less than the number of seats it had in 1985.

The final step adds the total provincial seats and one seat for each territory to determine the total number of seats.

The representation gap I spoke of earlier stems from this point. The current 1985 formula sets 279 members as a permanent divisor in determining the electoral quotient, and 279 was the number of provincial seats in the House of Commons at the time that the formula was passed in 1985.

The House then had 282 seats, 279 provincial seats and three territorial seats. This divisor of 279 was not allowed to readjust over time to reflect the actual number of provincial seats in the House of Commons, currently at 305.

The combined effect of fixing the divisor at 279 and the seat guarantee to slower growing provinces is this. It prevents faster growing provinces from receiving a share of seats that is in line with their share of the population. Faster growing provinces have accordingly become significantly and increasingly under-represented in the House of Commons, relative to their population, and are likely to become even more under-represented in future reallocations under this existing formula. This is clearly not fair.

The fair representation act would provide an updated allocation formula that would move every province toward representation by population and significantly reduce the number of increasing under-representation for the faster growing provinces.

The electoral quotient with the 2011 readjustment will be set at 111,166. This number reflects the average riding population prior to the last seat re-adjustment in 2001 and increased by the simple average of provincial population growth rates.

The Senate floor and grandfather clause would continue to apply.

The representation that I spoke of would also apply, such that if a currently overrepresented province becomes under-represented as a result of the application of the updated formula, additional seats would be allocated to that provinces so its proportional representation, according to population, is protected.

For the purpose of calculating the provincial seat allocation, provincial populations would be based on Statistics Canada's annual population estimates from July 1, 2011. These estimates correct for undercoverage in the census and provide the best data available on provincial populations and therefore the most appropriate data with which to determine provincial seat counts.

For the 2021 readjustment and each subsequent readjustment, the electoral quotient would be increased by the simple average of provincial population growth rate since the preceding readjustment. The result is a larger increase in the number of seats in the House of Commons compared to the current 1985 formula, both in the next readjustment and in the future readjustments.

These increases will more accurately reflect population growth across the country and will provide for far closer representation by population. The increasing representation gap would be closed and Canadians would be represented much more fairly.

Where and how the House of Commons seats are distributed within provinces is a separate and distinct process that will remain largely unchanged. Once the number of seats per province is established, the process set out in the Electoral Boundaries Readjustment Act is used to readjust and redistribute electoral boundaries within the provinces.

The readjustment of electoral boundaries is taken in accordance with census data, as it has always been, which provides population counts at the geographic level that is necessary to most accurately revise electoral boundaries.

The independent boundary commissions that determine the electoral boundaries for each province will continue to be constituted in the same way and will continue to operate unchanged. This independent boundary commission process was established in 1964 and was amended slightly in 1979. There is no change to that aspect of the process.

The fair representation act does include amendments that would streamline the timelines governing the boundary readjustment process to ensure that it will be completed and in effect before the end of our government's mandate. The changes proposed to the boundaries readjustment process are aimed simply and solely at streamlining the process.

Moreover, each proposed change to the timelines has been recommended previously in some form by the Chief Electoral Officer, the procedure and House affairs committee, or the Royal Commission on Electoral Reform and Party Financing, known as the Lortie commission.

These changes should streamline and modernize the process. They have taken into account recommendations expressed by Elections Canada.

While the timelines are changing somewhat, the process itself remains unchanged and independent.

To conclude, the fair representation bill is a principled nationally applicable update to the formula that allocates seats to the House of Commons. It is fair. It is reasonable. It is principled. It solves a problem that needs to be fixed and that will only grow worse if we fail to act. It will achieve better representation for faster growing provinces while maintaining representation for smaller and slower growing provinces.

I will say it again: Canadians rightfully expect fair and principled representation in their democratic institutions. The fair representation bill delivers on this expectation and delivers on our government's long-standing commitment.

I strongly encourage the opposition to work with us in passing this principled and reasonable legislation as quickly as possible to ensure the vote of every Canadian has equal weight to the greatest extent possible and as soon as possible. I look forward to continuing my work with all my colleagues in the House to ensure that happens.

Bill C-20—Notice of time allocation motionFair Representation ActGovernment Orders

November 2nd, 2011 / 5:20 p.m.
See context

York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons

Mr. Speaker, I rise on a point of order. The fair representation act is important for Canada's democracy. In view of the upcoming census results and redistribution, it is important that the bill is passed in a time fashion. I thought the opposition agreed.

We have heard the member for Hamilton Centre and the NDP critic for democratic reform say that if we did not have these seats available for the next election then, quite frankly, the government will have failed. We agree with him.

However, as is evident from the motion that was moved earlier today by the opposition that this not proceed past second reading, I regret to advise that agreement has not been reached under the provisions of Standing Orders 78(1) or 78(2) with respect to the second reading stage of Bill C-20, an act to amend the Constitution Act, 1867, the Electoral Boundaries Readjustment Act and the Canada Elections Act.

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 the said stage.

Fair Representation ActGovernment Orders

November 2nd, 2011 / 5:15 p.m.
See context

Bloc

Jean-François Fortin Bloc Haute-Gaspésie—La Mitis—Matane—Matapédia, QC

Mr. Speaker, I would like to hear the hon. member who just spoke talk about another issue. We feel that Bill C-20 is an attack on Quebec's political weight.

What does the hon. member think about the bill introduced by the Conservatives, particularly from Quebec's point of view and given that the House has recognized the Quebec nation? I would also like to know how the Liberal Party will be voting at second reading.

Fair Representation ActGovernment Orders

November 2nd, 2011 / 4:55 p.m.
See context

Liberal

Stéphane Dion Liberal Saint-Laurent—Cartierville, QC

Mr. Speaker, I am honoured to rise here in the House to state the Liberal Party's position on Bill C-20, whose main goal is to rebalance the allocation of seats in the House of Commons, taking the needs of those provinces that are growing quickly into account.

The principle of provincial representation by population in the House of Commons is enshrined in our Constitution. Paragraph 42(1)a of the Constitution Act, 1982 stipulates that any amendments to this principle must have the consent of Parliament and the legislative assemblies of at least seven provinces representing at least 50% of the Canadian population: we know that as the 7-50 formula.

We should all be proud that our Constitution formally confirms this principle of representation by population. It is a fundamental principle of democracy.

Alas, nothing is ever so simple in our lively federation. In Canada, we tweak representation by population to take another factor into account. We take great care to assure the political representativeness of the provinces that are in absolute demographic decline, they are losing people, or in relative decline, their population is growing at a slower pace than the Canadian average. We are so careful about this that we are one of the federations where the distribution of seats between constitutional entities is the least numerically representative of its population.

We even established a floor below which a province's representation must not fall: no province can ever have fewer members than it does senators.

The Senate floor clause has been in the Constitution since 1915, in section 51A. It can also be found in subsection 41(b) of the Constitution Act, 1982. In order to amend this section of the Constitution Act, 1982, all members of the federation must give unanimous consent.

Hence, Prince Edward Island has four senators according to the Constitution, so it has four members of Parliament, whatever the size of its population.

The four Atlantic provinces cannot have less than 30 seats in the House because that is their number of senators. This legislation would give them eight seats more than what strict proportional representation would give them.

In a 1987 ruling, the B.C. Supreme Court stated that “the principle of representation ‘prescribed’ by the Constitution does not require perfect mathematical representation...”. A year later, the B.C. Court of Appeal said that what must be preserved “is the principle, not a specific formula”.

In other words, Parliament has some leeway in how it applies the principle of proportionate representation of the provinces when dealing with the provinces that are in relative decline. However, that leeway has its limits. Parliament cannot run afoul of this principle. That would be unconstitutional.

Today, we are close to the limit. This is what the most recent Statistics Canada pre-census data shows. In Ontario, there is 1 MP for every 126,000 people; in New Brunswick, 1 for 75,500 people. As we can see, the numbers need to be re-balanced.

This will be the third time the Conservative government tries to perform this rebalancing act. In its first attempt in 2007, the government proposed adding seats for British Columbia and Alberta but left Ontario almost completely out. When Premier McGuinty objected, the federal minister for democratic reform at the time insulted him by calling him the small man of Confederation.

In its second attempt last year, the federal government ignored Quebec, making it the only province with a relative population decline to be under-represented.

This time, the bill introduced by the Minister of State for Democratic Reform on October 27, would give British Columbia and Alberta an additional six seats and Ontario an additional 15. Quebec would receive three seats to better reflect its demographic weight. As for the other six provinces, they would continue to be over-represented

One serious drawback of this plan is that it would increase the number of MPs from 308 to 338. I am sure nobody in the minister's riding is asking for that. A 30 seat hike is not something to be taken lightly. Canadians are concerned about the added cost of such an inflationary measure.

The government wants to slash the civil service and gorge itself with more politicians. That is nonsense. In these days of financial restraint, Parliament must take the lead.

As our Liberal leader recently insisted, the number of MPs cannot keep growing forever. We would quickly reach a much higher MP to population ratio than is the norm in other democracies.

We must not forget that in our decentralized federation there are many pressing issues, such as schools and hospitals, that federal members of Parliament do not have to address.

In the United States, a country almost 10 times as populous as ours, the house of representatives is limited to 435 members. Why not follow its example and limit the number of seats in the House to its present value? Nothing can stop Parliament from doing that.

We do need to rebalance the House's seat allocation in order to address the needs of the provinces with strong population growth, maintain proportionate representation of the other provinces and protect those with smaller populations in keeping with the Senate clause. It is possible to do that without raising the total number of MPs. It is doable. We would have no problem doing that, so why not do it?

Therefore, I look forward to debating this issue in the House.

By introducing this new bill, the government is committed to allowing members and senators, together with the best experts, to thoroughly study the repercussions of the bill.

Democracy itself is at stake and I am firmly convinced that the government and the opposition should definitely be able to vote together on a bill with respect to this issue. Because, despite our political differences, we are all democrats in this House.

It is possible that we will come to an agreement. The government only has to rebalance the numbers, but this time keeping the number of seats to 308.

Having said that, I am not sure that we will be able to obtain the support of the NDP, which believes, because Parliament recognized that Quebec forms a distinct nation within Canada, that Quebec's representation in the House of Commons should be frozen at its current level in perpetuity.

I believe, as do a number of constitutional experts, that Parliament does not have the constitutional authority to infringe to this extent on the principle of proportional representation without the support of at least seven provinces representing at least 50% of Canada's population. It is important to respect the Constitution.

We still have a lot of work to do on this bill.

I would like to take this opportunity to ask the government and the minister, once again, to do the right thing with regard to its ill-conceived Senate reform plan. What good would it be to Canadians if we improve the House of Commons but make the Senate completely dysfunctional? This Senate reform plan is harmful and even dangerous, since it will weaken our entire Parliamentary system, including the House of Commons.

Why is this bill dangerous for our democratic decision-making mechanisms? Because, by pitting two elected houses against each other, without a constitutional mechanism to resolve their differences, it would create a state of institutional paralysis similar to what our American neighbours are experiencing.

What is the government thinking? What do the Prime Minister and the minister have in mind with their ill-conceived Senate reform project? Do they really want to import into Canada the same kind of ritual opposition and institutional paralysis we have seen in the United States and Mexico? Do we not have enough challenges here in Canada that we also need to hinder our decision-making processes in such a senseless counter-productive manner?

Would the government tell British Columbians, Albertans and the rest of the country what logic underlies its decision to shortchange them in the Senate while, at the same time, it is proposing increasing the number of seats in the House for British Columbia and Alberta?

Why do the minister and the Prime Minister, two Albertans, want to hurt their province? Do they not understand how detrimental it would be to B.C. and Alberta to end up with an elected and powerful Senate where these two provinces would be grossly under-represented with only six senators each, while some provinces have 10 with a population four or six times smaller?

The government knows that an elected upper chamber would carry much more weight in its dealings with the House of Commons than it does in its present form. What is the government's interest in creating such a mess for those two provinces?

How is it that, when it comes to adding seats in the House, the government seems to want to respect the spirit and the letter of the Constitution but, when it comes to Senate reform, this same government is ignoring the Constitution?

Why is the government being so inconsistent? Why the double standard?

Where is the logic? Where is the fairness? Changing the character of the Senate must not be done through a process that excludes the provinces.

Why does the government want to impose an unconstitutional Senate reform plan that will create pointless legal disputes between the provinces at a time when, on the contrary, all our governments should be working together to address the many economic and other problems that are upsetting Canadians and causing them concern?

The Liberal opposition intends, as always, to be constructive and thorough. In the past, we asked the government to amend its bills to make changes to the House of Commons since they were ill conceived, and it listened. Perhaps, the government would agree to once again listen to us, to the benefit of all Canadians, by seeking to achieve the same objectives with Bill C-20 without increasing the number of seats in the House.

We are also asking the government to think about our objections to its Senate reform plan, a plan that is irrational, unconstitutional and dangerous.

Clearly, it would make no sense at all for the government to undo with one hand what it wants to do with the other.

Fair Representation ActGovernment Orders

November 2nd, 2011 / 4:25 p.m.
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NDP

Alexandrine Latendresse NDP Louis-Saint-Laurent, QC

Mr. Speaker, today we have the opportunity to debate Bill C-20, the Fair Representation Act.

This bill has a history. It dates back to the 39th Parliament and since then it has undergone some revisions and changes. As it currently stands, Bill C-20 illustrates the Conservative government's desire to make some constructive changes to the makeup of this House. The proposals in Bill C-20 also seek to enhance the effectiveness of democracy in Canada and improve representation.

However, what the bill is proposing does not appear to have been well received. It did not take long for reactions from the provincial legislatures to reach Ottawa, and Quebec dismissed the Conservative government's proposals right away. Ontario and British Columbia also raised some legitimate concerns regarding this bill. This response is significant, as it illustrates how poorly balanced the government's approach was regarding the redistribution of seats in the House of Commons.

The provinces reacted as they did because they felt that the initiative was confused and saw that the government was trying to satisfy them with a pittance. It has come up with practically random figures to which the Conservatives are attaching expressions like “fair representation” and “proportional democratic weight”. The very terms for what we are debating are flying around in every direction. The provinces understand very clearly that there is some confusion and that when there is confusion, there is some flexibility and room for negotiation.

This feeling of confusion stems primarily from the successive changes that have been made to the bill over time and that reveal considerable hesitation on the part of the government. After all, at the outset, Quebec was not given any additional seats. The government sensed the danger, however, and had the good sense to change its mind. I am sure my colleagues can imagine how the Quebec National Assembly would have reacted had the government not changed its mind.

The Minister of Industry, the member for Mégantic—L'Érable, said: “This bill will move every Canadian province toward representation by population.” This remark was repeated by the parliamentary secretary who just spoke.

I would like to know if the government plans to use this criterion alone for the new seat allocation. If that is the case, it demonstrates an approach that is narrow in vision and not very serious. In fact, strict representation by population is certainly not the only criterion that should be applied when seats are redistributed. It would be a denial of all the things that make Canada what it is. We need only examine all the clauses used to calculate the number of seats to support that. It seems that the minister is denying what is protecting Prince Edward Island's four seats.

The NDP will stand with the provinces that want us to continue fine-tuning Bill C-20. We acknowledge that the government wants to take action and get it right, but we believe that there is too much hesitation on the government's part and therefore that there is room to negotiate.

I am very pleased to be able to debate this bill. The NDP believes that there is a consensus in the House about the importance of fair and intelligent reform of our democratic institutions. After all, we have everything to gain with a more representative Canada.

I am in federal politics because I am convinced that Canada's strength is rooted in its diversity. The problem of fair representation of the provinces in the House comes up regularly because Canada is changing and its Parliament must reflect these changes. This issue seems simple, but is unexpectedly complex. It also stirs up passions and triggers all sorts of hidden emotions.

Canada is more than just the sum of the 10 provinces and 3 territories. Since confederation, two visions of the country have often clashed. These two visions refer to very different and almost opposite sensibilities that we have tried to reconcile as best we can since the beginning of the federal experience. That is the basis for John Saul's idea of a civilization that compromises. As my Canadian history professor used to say, Canada is a community that is always fraught with bickering. As a Quebecker, I know what I am talking about.

The first of these two visions, considers provincial authority as an end in itself. It focuses on the provincial legislature, local distinctiveness, local cultural heritage and, in the case of Quebec, language. Of course the emotional attachment to Canada remains present and real, but confederation is clearly perceived as a supranational entity.

That is clearly the case in Quebec. While it is well known, it is sometimes misunderstood in other parts of Canada: in Quebec, ties to the state are twofold. That is completely normal. Quebec preciously guards the memory of its past and still feels the presence of the other state it once was: New France. Quebec's specificity is so important that this government even took the initiative to give it the status of a nation within Confederation.

Quebec is not the only province in this situation. Take Newfoundland, for example. It was the last province to join Confederation. It had its own currency, flag and national anthem, and its people are still very conscious of their common origin.

Some might even say that Newfoundland has its own language. It joined Confederation 80 years after the founding provinces, after a long history as an independent British dominion. Consequently, Newfoundland had the time to develop a feeling of national allegiance that Ottawa, as a distant and mainland capital, cannot shake, even after 60 years.

I would also like to mention the more subtle case of the Northwest Territories. Northerners live a common frontier experience in a tough environment that is both beautiful and remote. The ethnic balance between aboriginals and non-aboriginals has created a distinct type of country with its own ethnically diverse culture that is incredibly dynamic.

I could go on and on because this is such a fascinating topic, but what I am trying to express is that this vision requires one essential element: balance. When balance is maintained, this decentralist vision does not call into question the relevance of this federal plan and encourages cultural and creative development across our country. The NDP, which is so committed to diversity, is very sensitive to the differences that exist, to varying degrees, in each province.

There is the opposite, highly centralist vision, which sees the federal government as responsible for building the Canadian nation. This vision is behind the notion of nation building. It is a state of mind that promotes unity within the country by focusing on all that is similar at the expense of all that is different. The Constitution Act, 1867, seemed to favour that vision of Canada, but that vision took a hit during the constitutional debates of the 1980s and 1990s. It was, however, the initial cause of sweeping Canada-wide achievements and it is dear to many of our constituents whose values are reflected in it.

It is simplistic to divide the provinces between these two visions. This vision has its roots in the British imperialism that Canada was part of. The Constitution of 1867 was drafted in that vein and we can say without a doubt that Canada as we know it today is a legacy of that time.

Ontario, the most populous province and the most under-represented in this House, has its cultural and political origins in the British colonial era. It is completely justified. The Prairies also find a common cultural foundation in that history. They were constituted as the logical next step in the federal project and steeped in British patriotism. Canada has its history and we do not seek to diminish it.

The Conservative Party clearly favours a more centralist plan. For this government, the federal government and its institutions have the responsibility to build this country. Canada, as the Conservatives see it, has to be moulded from the same clay. Differences have to give way to common elements. It is the Canada of “The Maple Leaf Forever”. Their interpretation is as old as the country itself and meets come people's expectations. However, those who share the decentralist vision feel there is a lack of finesse in these democratic reform bills that the Conservative government is introducing in this House. They all have one thing in common: they all attempt to make fundamental changes to the parliamentary institutions without ever having to touch the Constitution.

Bill C-20 is nothing but a weak attempt at giving this House the semblance of fair representation of the provinces that make up Canada. Bill C-20 is just another attempt at doing something when it is clear that no one really knows what to do. The NDP has a vision. Our party has a deeper understanding of what constitutes Canada's wealth and we want to move forward in respect and collegiality.

For example, the NDP explicitly recognized Quebec's distinct nature in Bill C-312, introduced by my colleague, the member for Compton—Stanstead. In short, the NDP proposed that we keep the previous formula for calculating how seats are allocated in the House of Commons, while still guaranteeing that Quebec would retain its political weight of 24.35% within the House, the percentage it had when it was recognized as a nation in this House.

As much as we acknowledge that Bill C-20 is a step forward compared to the earlier versions, there is still a lot of work to be done before it will be acceptable. I condemn the fact that the Conservative government does not have enough strength to take action. At first glance, this so-called strong mandate is not translating into a willingness and a vision to truly move Canada forward. It takes guts, initiative and courage to turn words into action.

Yet when it comes to petty politics and pitting the provinces against each other, this government is one of the best. For proof, we need only look at the provinces' reactions to Bill C-20. With this government, it is one step forward, two steps back.

The problem is clear. the provinces want a number of seats that corresponds as closely as possible to their demographic weight. Since Quebec was recognized as a nation within Canada, it is asking to retain its weight at 24.35%.

The NDP is of the opinion that these two requests are fair and must be defended. The NDP believes that, in order for Canada to work better, it is absolutely necessary that the provinces and their unique characters be represented as accurately as possible. Only the NDP can do this because we have a much better understanding of what Canada wants. Our vision is to make Canada a true success, to make it the best country in the world. We want to debate the role of our parliamentary institutions with respect, rigour and, most importantly, a listening ear. This quality is essential.

The basic problems with the representation of the provinces in the House of Commons, namely the chronic under-representation of Ontario, Alberta and British Columbia and the concrete recognition through action of the Quebec nation, are far from irreconcilable. However, there are still concerns. The fact that the Ontario premier is not hesitating to speak out shows his concern about this bill, which must be fair to Ontarians. The same goes for the premier of British Columbia, who is asking for no fewer than the seven seats that were provided for in a previous draft of the bill.

The Quebec Minister responsible for the Reform of Democratic Institutions feels the same way. He believes that Quebec's political weight in the House of Commons should not be decreased. In 2006, this House unanimously adopted a motion recognizing Quebec as a nation within Canada. The constitutional consequences of that decision are unclear. The NDP wants to maintain Quebec's weight in the House of Commons.

Given its status as a nation within a united Canada, Quebec has a special place and we must reflect that fact. All these examples clearly bring one undeniable fact into focus: the provinces are asking the government to listen to them. If the Conservative government continues to turn a deaf ear, it will soon be perceived within the federation of Canada as a steamroller that has little regard for the provinces. First, it was the Senate; now, it is the House of Commons. A trend is becoming painfully clear.

Not only do we need to move away from the verbal rhetoric of simply stating that Canada is the best country in the world, we also need to take real action to prove it. We need to do justice to Canada's diverse, complex character. Our parliamentary institutions need to reflect that. Openness to compromise and negotiation is essential.

I would like to know the point of undertaking reform if it is only done in half measures. In the wake of a slew of democratic deficits, the Minister of State for Democratic Reform is suggesting that we merely apply a band-aid solution. Similar to the arbitrary and constitutionally questionable Senate reform this government wants to implement, this addition of seats to the House of Commons only masks the issues. And when it comes right down to it, no one will be happy.

Why does this government seem unable to successfully reform this country's parliamentary institutions? As the NDP has clearly stated, the first logical step is to consult provincial leaders. We are still at the bill stage and sensible improvements can still be made. But there is still one quality that is painfully lacking in this government: the ability to listen, the decency to listen to the provinces and other interest groups. This is not simply a trivial, procedural issue. We need to ensure that each Canadian citizen has the assurance that the House of Commons is a solid representation of the Canadian reality.

It is quite ironic that, because they have their blinders on, the Conservatives are unable to fully grasp Canada's complexity and diversity. This goes far beyond the simple addition of seats to the House of Commons, as the Conservative government is proposing. Creating more cynicism in and contributing to the alienation of the Canadian people with regard to federal politics is the last thing we want to introduce as legislation in Parliament. But it seems that the government's priority is exactly that.

The formula used to calculate how seats in the House of Commons are allocated is a reflection of Canada's diversity and complex nature. The grandfather and Senate floor clauses are proof of that. The idea of democratic representation goes far beyond these mathematical formulas, but we must look even further than that. The solution being proposed by the Conservative government does not address any of these demands. This bill leaves a number of provinces fundamentally under-represented in this House and it decreases the electoral weight of the Quebec nation.

However, all of these changes can be made, but the Conservatives do not seem to know what to do. To start, they offered some crumbs, then a little bit of meat, but at the end of the day, everyone ends up disappointed. That explains the NDP's disappointment with Bill C-20. The formula used to calculate the seats allocated to each province was changed from what the government presented in the last version of this bill, which was introduced in the previous Parliament. That was already different from the formula that is used now, which dates back to 1985.

I would like to focus on this subject for a moment because I have a hard time following this government's parliamentary gymnastics and acrobatics. First of all, Bill C-12, which was introduced in the House during the previous Parliament, changed the redistribution formula by changing the electoral quotient by which a province's population is divided.

The preamble of Bill C-12 states, and I quote, “Whereas the national average population of electoral districts at the 40th general election was approximately 108,000 persons...”. That is how it was determined that the electoral quotient, in order to divide the province's population—before applying special clauses—would be 108,000. They simply speculated at the time, with the help of estimates from Statistics Canada, about what the redistributed seats might look like using that formula. So this created certain expectations among the provinces. It is not surprising that Bill C-12 never passed.

Then comes along the current bill on fair representation. The Conservative camp has simply shuffled the cards to come up with a new formula for allocating seats to the provinces. Here is where the confusion begins. Here is what Bill C-20 says about the new electoral quotient to be used:

Whereas the electoral quotient for the readjustment that follows the completion of the 2011 decennial census should be 111,166, that number being the average population of the electoral districts on July 1, 2001, which was determined by using the estimate of the population of each province as at that date, multiplied by the average of the rates of population growth of the provinces.

If I understand correctly, the new electoral quotient comes from a mathematical formula that comes from an estimate of the current population that dates back to July 1, 2001. Two questions immediately come to mind. First of all, why use population estimates that are over 10 years old? Why the mathematical acrobatics? Is it because the statistics from back then are more reliable than today's? And second, why use the average rate of increase in the population of the provinces? As we have heard repeatedly in this House, the rates of increase in the population of each province are not all the same.

Ontario is growing faster than any other province. So why this levelling out? How can the government justify creating expectations among the provinces with Bill C-12, only to turn around and crush them so deviously and cunningly with Bill C-20? Did the government really expect the provinces to fall for this trick?

The issue of representation in the House of Commons is complex and goes beyond simple representation by population, a factor that is very important nonetheless. The Supreme Court issued an interesting opinion in this regard. On June 6, 1991, it concluded in The Attorney General for Saskatchewan v. Roger Carter that factors like geography, history, community interests and minority representation may need to be taken into account to ensure that legislative assemblies effectively represent the diversity of the Canadian social mosaic.

This means that the bill to redistribute seats in the House of Commons must take other factors into account. No matter what this government says, this exercise in effective representation is not irreconcilable with equal representation of the provinces that have had significant population growth. In short, we must continue to work on this bill, listen to the provinces and arrive at a solution that benefits everyone.

I move, seconded by the member for Welland,

That the motion be amended by deleting all of the words after the word “that” and substituting the following:

this House decline to give second reading to Bill C-20, An Act to amend the Constitution Act, 1867, the Electoral Boundaries Readjustment Act and the Canada Elections Act, because it:

(a) adds and allocates new seats in the House of Commons in a way that would increase regional tensions in Canada;

(b) fails to take into account the need for a nation-building approach to changes in Canada's democratic representation; and

(c) ignores the principle unanimously adopted in this place that the Quebecois represent a nation within a united Canada.

Fair Representation ActGovernment Orders

November 2nd, 2011 / 4:25 p.m.
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Conservative

Tom Lukiwski Conservative Regina—Lumsden—Lake Centre, SK

Mr. Speaker, once again, I am a little confused. The member opposite, for the second time in his intervention, has mentioned avoiding getting provinces angry. There are no provinces that are angry over this bill. No province would see a reduction in the number of representatives it has right now, and smaller provinces are very satisfied with that; the provinces that have seen increased and fast population growth would receive additional seats, and they are very happy about that.

In fact, we will find, as Bill C-20 is implemented in the months and years to come, that Parliament would reflect the population of this country in a far more effective and representative way than it ever has before.

Fair Representation ActGovernment Orders

November 2nd, 2011 / 4:20 p.m.
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Conservative

Tom Lukiwski Conservative Regina—Lumsden—Lake Centre, SK

Mr. Speaker, again I reject the analysis by my colleague opposite. In fact, just the opposite is true. The representation rule that would be enacted in Bill C-20 would ensure that Quebec, now and in the future, would get equal representation. I mentioned that right now Quebec is slightly over-represented; this bill would ensure that it would have equal representation. It has slightly more than 23% of the population of Canada and it would end up having slightly more than 23% of the seats in the House. It would gain three seats. It would go from 75 to 78 seats. That is fair, equitable, balanced and principled.

We have committed to that principle. We will bring Bill C-20 forward, which would ensure that Quebec, now and in the future, would have fair and proportional representation based on its population. That is a fair approach. I would encourage my friend opposite to support Bill C-20.

Fair Representation ActGovernment Orders

November 2nd, 2011 / 4:20 p.m.
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Bloc

André Bellavance Bloc Richmond—Arthabaska, QC

Mr. Speaker, I want to ask the Parliamentary Secretary to the Leader of the Government in the House of Commons what he thinks about the fact that in 2006, here in this House, he was one of the hon. members who voted in favour of the motion recognizing Quebec as a nation. It was not the first time Quebec was recognized as a nation in this House, but in 2006, the vote was unanimous. That is why the Government of Quebec, and even Quebec's National Assembly, unanimously, have adopted more than one motion to say that Quebec's political weight here, in this House, absolutely must remain the same. With the disinformation the government is promoting about its Bill C-20, they are only talking about demographic weight. I would like the parliamentary secretary to make the distinction between demographic weight and political weight. The nation called Quebec—and there is a Canadian nation as well—is being penalized by this bill because it directly diminishes the nation's political weight.

Fair Representation ActGovernment Orders

November 2nd, 2011 / 4:20 p.m.
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Conservative

Tom Lukiwski Conservative Regina—Lumsden—Lake Centre, SK

Mr. Speaker, as I indicated in my earlier presentation, we are committed to representation by population and nothing more. The formula we have put forward in Bill C-20 would achieve that.

It is incumbent upon this government and, I would suggest, upon Parliament to ensure that we respect the parliamentary and democratic principle of representation by population. The suggestion that the member opposite is making would not address equal representation; he is merely suggesting that we take the current number of members of Parliament and divvy it up somehow across Canada.

However, we have to respect the Senate floor and we have to respect the wishes of the provinces. I can assure members that the provinces are on side with the plan we have put forward. Many provinces have come forward to say they are pleased to see us moving forward with Bill C-20. I would ask my friend opposite to to do the same.

Fair Representation ActGovernment Orders

November 2nd, 2011 / 4 p.m.
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Conservative

Tom Lukiwski Conservative Regina—Lumsden—Lake Centre, SK

Mr. Speaker, my apologies to my hon. colleague. I know she was prepared to give comments but I look forward to listening to my hon. colleague in approximately 30 minutes from now. I have much respect for her. I met her for the first time during committee work at the procedure and House affairs committee. She is a new member, and I must say that if all new members conduct themselves in the same way the member opposite does, this Parliament will be very effective in years to come. My congratulations to my colleague opposite.

I am very pleased to speak to Bill C-20, the fair representation act. One thing I can say most assuredly is that, with the possible exception of the four independent members formerly known as the Bloc, all members of this place would argue that Canada is the greatest country in the world. One of the distinctions that makes Canada such a marvellous country in which to live is the form of government that we currently have. One of the foundational principles of our government that we currently see enacted in Canada is the concept of representation by population.

This government believes, and it is a fundamental principle of our democratic process, that each Canadian's vote should have the same weight. In other words, a vote in one region of the country should have the same weight as a vote in another region of the country. Unfortunately, that is not the case right now. There are regions of this country that are seriously underrepresented. By that I mean there are regions of this country that have a population base far higher than the number of elected representatives that they have. We have recognized this inequity for many months.

In fact, in our last election campaign we made three distinct promises. First, we promised to ensure that the faster growing provinces, specifically British Columbia, Alberta and Ontario, would gain more seats in the House of Commons. Second, we promised that the smaller provinces would be protected in their seat count. Third, we promised to ensure there would be fair and proportional representation to the province of Quebec in relation to its population.

We made those commitments. We plan to act on those commitments. Bill C-20 reflects those commitments.

Currently, there is a formula which has been in place since 1985 and basically deals with how many seats there are in this place. I will get into the technical details in a few moments, but I should probably first address a common complaint that I and I am sure many other members have heard about whether we should increase the number of seats in the House of Commons. I have heard from a number of my constituents who have argued very emotionally that we should not increase the number of seats at all, that we have too many seats in the House of Commons right now. Some have suggested that we even reduce the number of members in the House of Commons.

I can understand those arguments, but it is also an argument that is very easy to make without much thought behind it. It is similar to someone saying that a CEO of a particular company makes too much money and that no one should be allowed to make that amount of money. Similarly, people can say there are too many members of Parliament in Canada and that we do not need that many. Whether one tends to argue in favour or against that notion, we have some restrictions constitutionally that would prevent us from reducing the number of seats that we have right now.

Back in 1915 there was a constitutional provision that is known as the Senate floor rule, which says quite clearly that no province should have fewer members in the House of Commons than it has senators.

I put as the case in point the province of Prince Edward Island which has four senators, and conversely, four members of Parliament. Based simply on population, one would think that is some form of inequity because the province of Prince Edward Island only has 140,000 people, yet it has four members of Parliament. In other words, each member of Parliament represents approximately 35,000 to 40,000 constituents. Contrast that to my home province of Saskatchewan, where each member of Parliament represents roughly 80,000 constituents. Contrast that to constituencies and ridings in Ontario where some members represent 170,000 people or more. There is great inequity across Canada.

Since we cannot reduce the number of seats without unanimous consent from the provinces, which I doubt we would get, we believe our only alternative to try to ensure effective representation by population is to increase the number of seats. Since the last census which was taken 10 years ago, we have seen the population increase in Canada, and it has been significant. We have also seen that the population has increased most dramatically in three particular provinces: British Columbia, Alberta, and most noticeably, Ontario.

If we believe in that foundational principle of representation by population, we then must address the situation of inequity. Our solution, although there will never be a perfect solution I would argue, is contained in Bill C-20. I believe it is a fair, a principled and a balanced approach trying to get closer, at least, to representation by population by increasing the number of seats, particularly in those three provinces.

Also contained in Bill C-20 is what we call the representation rule that provides for any province that is now either equally represented by population or overrepresented by population should never become under-represented when we change the seat count in the House of Commons. I say that because that reflects on Quebec.

Right now, Quebec is slightly overrepresented. Why do I say that? Quebec has roughly 23% of the total population of Canada, yet the number of seats it has in the House, 75, represents about 24% of all the seats. Our bill would ensure that British Columbia, Alberta and Ontario gained extra seats because they have rapidly growing populations, but Quebec, if we left the number at 75 seats, would be under-represented. Therefore, we plan to give three additional seats to the province of Quebec to ensure that it would be equally represented. That is what the representation rule in Bill C-20 contemplates. By giving Quebec three extra seats to bring its total to 78 seats, Quebec would then have a percentage of the seats in this House almost identical to the percentage of population that Quebec has in the country. That is what we mean by equal representation and representation by population.

Specifically, the bill contemplates British Columbia receiving 6 extra seats, Alberta receiving 6 extra seats, and Ontario receiving 15 extra seats. Would that make it absolutely equal in terms of representation by population? No, it would not, but it would come much closer than the situation we have right now. Would we ever achieve a perfect harmony of equal representation? I cannot see it, certainly not in my lifetime. Why? Because the population of Canada and the population from province to province is always a bit of a moving target. We would never achieve total equality, but this bill tends to address the current inequity in the House of Commons by giving more seats to those provinces that have a higher population and have been increasing their population in the last 10 years.

I am going to get into some of the technical details of the bill right now. It is a bit dry. If I see members opposite nodding off, it is not that they do not find my presentation compelling; it is merely that it is a bit of a dry and tedious process to go into the technical aspects of the bill, particularly the formulas.

I want to start with the current formula. I should also explain how we have arrived at that formula because it was established back in 1985. I told the House about a provision of the Constitution called the Senate floor rule, which was enacted in 1915. In 1985, there was another constitutional provision that was enacted which is called the grandfather clause. That clause contemplated that no province that was represented in the House of Commons should lose any seats from the 1985 totals.

Consequently, Saskatchewan has 14 seats today in the House of Commons. If we look at the actual representation by population, Saskatchewan should only have 10 seats, but because of the 1985 grandfather clause, no province, whether it be Saskatchewan, Manitoba or some of our Atlantic neighbours, will see a reduction in its seat count in the House of Commons. That is something we have to live with and that is contemplated in Bill C-20.

Parliamentarians of the day felt that the formula enacted in 1985 was proper and would deal with representation by population effectively, but unfortunately it actually served the purpose of restricting the number of seats in the future. Whether or not the population of our country grew or grew rapidly, the number of seats would be restricted because of the1985 formula.

I will explain that formula.

First they took the population of Canada and divided it by the number of seats in the House of Commons, which was 279 at that time. That final total was what they called the “electoral quotient”.

Then, province by province, they divided the provinces' populations by the electoral quotient and came up with the provincial seat count. They then knew roughly how many seats each province should receive. However, they then had to add in the two constitutional provisions: the Senate floor, which ensured that no province has fewer seats than the number of senators, and the grandfather clause, which considered and contemplated that no province should lose seats from the current total in 1985.

The end result was that they had an initial seat count, and then a secondary seat count when they took into consideration the grandfather clause and the Senate floor clause. Then, once they had the provincial seat count, they added one seat per territory; that total ended up being the number of seats in the House of Commons.

I think I went through that without seeing too many nodding heads. A couple of people's eyes glazed over, but we will move on.

While that approach was perhaps appropriate in 1985, if we used the same formula today, we would unfortunately come out with a House that was seriously under-representative, and the three provinces that have had rapidly growing populations would be very much affected.

Consequently, we have proposed a new formula. At a later time I will allow my other colleagues to go into a more detailed discussion of what that formula does and what it means, but I can assure everyone that the formula we are proposing will ensure that we are much closer to representation by population, now and in the future. It does not restrict the number of seats in the House based on the 1985 formula; rather, it is a formula designed to reflect the number of seats that may be needed, both now and in the future, based on population.

The first thing we need to do is recognize that if we want true equity in this place, we need to accept and adopt Bill C-20. Is it perfect? No. Is it the closest thing to equal representation that we have seen in many decades? Yes, I would argue that it is.

Following that, however, and on the assumption that Bill C-20 will pass this place, we also have to deal with the second part of the equation, which is how to redraw the various boundaries. It is one thing to say we will have 30 extra seats in the House of Commons, but it is another thing to say where those seats will be held.

The equal boundary representation act is also included in this bill. It would provide that each province, after we determine the number of seats in each province, would establish a boundaries commission whose job would be to consult with stakeholders, provinces, and other affected people, including members of Parliament who wish to make submissions, and within a set period of time to come up with a new boundary map for each province.

The whole process, from the consultation process to the final product of redrawn boundaries, should be done roughly within the year.

Of course, those boundaries then have to be examined. MPs and others in Parliament, including committees, would have a chance to examine the boundaries presented. In that fashion, we should be able to come to a solution that would allow the four provinces I mentioned, the three fastest-growing provinces plus the province of Quebec, to have not only new seats in place, but new seats with completely new and freshly drawn boundaries.

I should also point out one of the things that would happen during the boundaries commission examination would be an opportunity for new names for these various ridings, because not only would there be completely new ridings, I am sure, presented by the electoral commissions, but there would also be hybrids. By that I mean that certain constituencies we have now would have similar boundaries, but instead of having one member, they might have two members.

In conclusion, I believe that Bill C-20, while not absolutely perfect, is the closest thing to equal representation by population that we have seen in many years. It would construct a plan and a formula to ensure that provinces now and in the future would have the representation they deserve.

I think it is patently unfair that in the current situation there are constituencies across Canada whose members of Parliament are representing over twice as many constituents as other members of Parliament. We have to come to a closer balance of rep by pop. I believe Bill C-20 would do that. It would do that effectively. I would ask all members to give it support. I look forward to the continuing debate.

Fair Representation ActGovernment Orders

November 2nd, 2011 / 4 p.m.
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Regina—Lumsden—Lake Centre Saskatchewan

Conservative

Tom Lukiwski ConservativeParliamentary Secretary to the Leader of the Government in the House of Commons

Mr. Speaker, I am more than pleased to speak to Bill C-20; however, I believe there had been an agreement among the parties that the first speaker would be from Her Majesty's Loyal Opposition.

Once again, I am more than prepared to give my comments now, but I believe my colleague opposite was rising to her feet to give the initial presentation.

Fair Representation ActGovernment Orders

November 2nd, 2011 / 4 p.m.
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Conservative

Vic Toews Conservative Provencher, MB

Criminal CodePrivate Members' Business

November 1st, 2011 / 6:35 p.m.
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Moncton—Riverview—Dieppe New Brunswick

Conservative

Robert Goguen ConservativeParliamentary Secretary to the Minister of Justice

Madam Speaker, I am pleased to support Bill C-290. This is a private member's bill which the member for Windsor—Tecumseh introduced in the House on September 28, 2011.

Bill C-290 would authorize a province or a territory to conduct single sport betting within the province or territory if it so chooses.

In order to better comprehend how this bill would modify the structure of the current provisions relating to gambling, I will briefly go through the history of the past and current Canadian laws in this area.

As members will notice, the gambling provisions in the Criminal Code are somewhat difficult to read and to understand. Nevertheless, a careful reading of these provisions shows that their basic structure is to prohibit all forms of gambling unless a particular form of gambling is specifically permitted by the Criminal Code.

Parliament has permitted such exceptions to the gambling offences as private bets that are made between individuals who are not in the business of betting. In Canada, we also have pari-mutuel betting on horse races, where the betting is conducted by a race association. Then there are lottery schemes that are conducted by a province or territory and the slightly narrower range of lottery schemes that are conducted by a licensee of a province or territory, such as a charitable organization.

Parliament has also authorized certain lottery schemes that are conducted on international cruise ships while in Canadians waters, if certain conditions are met.

Parliament included gambling offences when it enacted the first Criminal Code in Canada in 1892. There were some exceptions to the offences, primarily for bets made at a horse race. The provisions were expanded in the 1920s to include the exception for parimutuel betting on a horse race. That made it possible to put all the money bet on a horse race into a pool and the winners would share in the pool based upon how much they had bet on a horse that finished in a spot that entitled bettors on that horse to share the winnings.

A most significant change to the gambling provisions occurred in 1969 when the provinces, territories and the federal government were each authorized to conduct a range of lottery schemes. This followed closely on the heels of the reintroduction of legal lottery ticket operations in some U.S. states.

In 1985, Parliament withdrew the Criminal Code authorizations that existed from 1969 for the federal government to conduct a lottery scheme and it went through the authorizations that existed from 1983 for the federal government to conduct a pool betting operation. This left the field of lottery schemes exclusively to the operation by provincial and territorial governments and their licensees.

It was in 1998 that Parliament authorized international cruise ships to continue operating their lottery schemes when they enter Canadian waters and up until the first port of call, if certain conditions are met. That change was made at the request of provinces in order to encourage the international cruise ships to sail to Canadian ports.

Some provinces have offered a particular kind of sports betting as a form of lottery scheme to their residents. The structure of this betting requires the bettor to select a number of games and predict the correct outcome for those games.

Bill C-290 would make it possible for a province or territory to conduct a lottery scheme that involves betting on single games. If Bill C-290 passes, I do not know if any bettors would still make bets on the outcomes of multiple games, but I would imagine that the vast majority of bettors would prefer to bet on a single game and its outcome.

Of course, it would be up to each province and territory to decide if it wanted to offer single sports betting, but that will be their decision.

Under section 207 of the Criminal Code, a province may operate a lottery scheme on or through a computer, but it cannot licence others to do so because single sport betting would, by necessity, require computer operation. Single event sport betting is something that the provinces and territories would conduct themselves because they may not licence others to conduct a lottery scheme that is conducted on or through a computer.

I want to mention that a province or territory could choose to locate a single sport event betting operation in a casino or at a race track, for example, and it could share the profits from the betting however it sees fit. Again, these would be matters for provincial or territorial decision-making. I am assuming that decisions would be made by a province or territory with the values and desires of their residents in mind. That includes keeping an eye open to the measures that are needed to prevent problem gambling.

I can appreciate that not everyone thinks that gambling is for them. However, it is my view that allowing single sport betting, even through a provincial lottery scheme, is far more appropriate than what is currently happening in this country. Betting with an illegal bookmaker is driving money to organized crime.

Bill C-290 is a response that would give the provinces and territories the choice as to whether they wish to join countries such as England where there is legalized single event betting on sports. I emphasize that the provinces and territories would be able to make that decision based on the particular circumstances within their jurisdiction.

The provinces and territories are best placed to determine public acceptance for single event betting and to implement measures for responsible betting. They have decades of experience in conducting a broad range of lottery schemes, from lottery tickets, to casinos with slots, table games and to betting on the outcomes of multiple sports events.

For those reasons, I support private member's Bill C-290 and I will be voting in favour of it.

Democratic ReformOral Questions

October 27th, 2011 / 2:45 p.m.
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Edmonton—Sherwood Park Alberta

Conservative

Tim Uppal ConservativeMinister of State (Democratic Reform)

Mr. Speaker, today I introduced Bill C-20, the fair representation act. The bill would deliver a principled and reasonable update to our seat allocation formula, providing fair representation for Canadians living in Ontario, British Columbia and Alberta. It delivers on our commitment to maintain the seat counts of smaller provinces and ensure that Quebec is proportionately represented.

Canadians rightly expect fair and principled representation in their democratic institutions. The fair representation act would deliver on this expectation.

I strongly encourage the opposition to work with us in passing this principled and reasonable legislation.

Democratic ReformStatements by Members

October 27th, 2011 / 2:10 p.m.
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Conservative

Dan Albas Conservative Okanagan—Coquihalla, BC

Mr. Speaker, I am proud to stand and tell my constituents that our government has delivered on another one of our commitments to Canadians. Today the Minister of State for Democratic Reform introduced Bill C-20, the Fair Representation Act.

During the last federal general election, we promised to ensure that any update to the formula allocating House of Commons seats would be fair to all the provinces. We committed to increase the number of seats for faster-growing provinces and to protect the number of seats for smaller provinces.

This bill is principled and fair and it will move every province closer toward representation by population. I am proud to say that this bill will deliver on our Conservative government's long-standing commitment to Canadians.

Fair Representation ActRoutine Proceedings

October 27th, 2011 / 10:05 a.m.
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Conservative

Peter Van Loan Conservative York—Simcoe, ON

moved for leave to introduce Bill C-20, An Act to amend the Constitution Act, 1867, the Electoral Boundaries Readjustment Act and the Canada Elections Act.

(Motions deemed adopted, bill read the first time and printed)