Democratic Representation Act

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

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

Sponsor

Jean Rousseau  NDP

Introduced as a private member’s bill. (These don’t often become law.)

Status

Defeated, as of March 7, 2012
(This bill did not become law.)

Summary

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

This enactment amends the rules in the Constitution Act, 1867 for readjusting the number of members of the House of Commons and the representation of the provinces in that House and provides for a minimum representation with respect to the number of members for the Province of Quebec.

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

March 7, 2012 Failed That the Bill be now read a second time and referred to the Standing Committee on Procedure and House Affairs.

AbortionPetitionsRoutine Proceedings

June 20th, 2012 / 3:35 p.m.
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Conservative

Bev Shipley Conservative Lambton—Kent—Middlesex, ON

Mr. Speaker, I have two petitions to present to the House today from concerned citizens in the Wallaceburg area and in the Chatham area who are asking for support for Bill C-312 and that a special subcommittee be appointed to review the declaration of section 223 of the Criminal Code which states that a child becomes a human being only at the moment of complete birth.

Rights of the UnbornPetitionsRoutine Proceedings

May 2nd, 2012 / 3:20 p.m.
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Conservative

LaVar Payne Conservative Medicine Hat, AB

Mr. Speaker, I have only one petition and I will make it brief.

I am pleased to present a petition in support of my constituents. The petitioners ask the House of Commons to confirm that every human being is recognized by Canadian law by amending section 223 of the Criminal Code in support of Bill C-312.

Democratic Representation ActPrivate Members' Business

March 7th, 2012 / 6:35 p.m.
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Conservative

The Speaker Conservative Andrew Scheer

The House will now proceed to the taking of the deferred division at second reading of Bill C-312 under private members' business.

The House resumed from March 1 consideration of the motion that Bill C-312, An Act to amend the Constitution Act, 1867 (democratic representation), be read the second time and referred to a committee.

Democratic Representation ActPrivate Members' Business

March 1st, 2012 / 6:20 p.m.
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NDP

Jean Rousseau NDP Compton—Stanstead, QC

Mr. Speaker, I would sincerely like to thank all the MPs of this 41st Parliament who took part in this democratic exercise, which was made possible through the reading of a private member’s bill. Given how this government operates, it is almost a miracle that we are still entitled to speak in the House. I do not have the impression that the Conservatives have ever listened to how they sound when they speak; otherwise they would ask themselves questions about the meaning of the words “honesty” and “democracy”.

I would particularly like to congratulate my colleagues who supported the undertaking set in motion so long ago to grant nation status to the province of Quebec. Indeed, this nation, Quebec, which was recognized in 2006 in a motion moved by the current Prime Minister, and adopted by a large majority during the 39th Parliament, is at the core of this bill. In giving recognition to this status, Canada’s Parliament gave Quebec the historic weight it deserves as one of the founding peoples.

Subclause 2(3) is the important one. The proportion of members from the province of Quebec shall remain unchanged from the representation that it had on November 27, 2006, when the motion was adopted in the House of Commons recognizing that the Québécois form a nation within a united Canada. However, I sometimes get the impression that the current government is trying to divide Quebec, and that is extremely regrettable.

Nevertheless, the introduction in the House of Commons of Bill C-312 for readjusting the number of members of the House of Commons in order to ensure that Quebec should maintain the same relative political weight is of key importance in the stability and unity of our country. It is important to mention here that the distribution of seats in the House of Commons has always taken the following into consideration: the community of interests, which was mentioned by several of my colleagues; historical development; the electoral quotient, which we recognize; and ensuring that a riding should not be too vast in size.

As a result, the addition of more representatives to the House involves a number of special arrangements that must be factored in. Giving consideration and value to one evaluation criteria rather than another must be judicious and in harmony with our traditions and customs. Among other things, the representatives elected to Canada's Parliament must reflect our Canadian realities, which pertain to geography, demography, identity, history and culture.

It is important to admit that this exercise of adjusting the number of seats and, therefore, adjusting the democratic representation may be unpleasant and difficult, considering all the factors hitherto enumerated. In any event, nobody doubts the importance of new legislation, which is long overdue both in the eyes of the public and our elected representatives. The urgency stems from the demographic explosion of provinces such as Ontario, Alberta, and British Columbia.

That does not present a problem in our eyes. Those regions of Canada deserve a readjustment of representation in the House in order to better reflect variations in population. The historical weight of the Quebec nation is hugely important at this time when calculating these modifications. Quebec's place in Canada, especially its representation in the House of Commons must be respected in order to ensure that Quebeckers can see themselves reflected in the composition of the House.

In closing, Bill C-312 is extremely simple. It includes a clause that is extremely important. The purpose of bill C–312 is to enable Quebec to keep its rightful place within the great Canadian family. Quebeckers are, however, increasingly worried about this government that was elected—and listen closely to what I am about to say—by 39% of Canadian voters. For those who have tried to convince us over recent days that 900,000 more people voted in the last election, I would tell them that the total number of voters did not even exceed 60% of those electors entitled to vote.

This government listens to neither elected representatives nor Canadians, and especially not Quebeckers. Thank you to everybody, including my wife who is listening to me on CPAC. I wish everybody a long and prosperous life!

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.

Democratic Representation ActPrivate Members' Business

March 1st, 2012 / 5:30 p.m.
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Liberal

Stéphane Dion Liberal Saint-Laurent—Cartierville, QC

Mr. Speaker, I would like to ask my NDP colleagues why they have begun to mimic one of the most unpleasant traits of the Conservatives, which is to fail to respond to objections to their party’s proposals.

We saw this again during question period. When we ask the Conservatives to tell us the number of fighter jets and tell us when the aircraft will be ready, they do not reply. When we ask them to explain why they want to cut pensions when the OECD and all the experts say that it is not necessary, they do not respond.

I would like to invite my NDP colleagues to take pride in not acting like the Conservatives and to answer my objections to this bill, even though they have not responded thus far and have behaved as if these objections had not been raised. This is precisely the same attitude my NDP colleagues took with respect to the abolition of the Senate. The last time I rose in the House, perhaps six or seven times, and asked each NDP member to tell me what majority would be required to abolish the Senate, whether it would be the majority of all Canadians or the majority in each of the provinces, as required in the Constitution, they never responded. So we will see this time.

The first question that I would ask the NDP about this bill is this. If the NDP thought that the House motion of November 27, 2006 meant that Quebeckers, being a nation within a united Canada, should have more weight than other provinces' voters, since the other provinces' voters are not part of a nation within a united Canada, why did the New Democrats not say that when they voted for the motion in the House on November 27, 2006?

Why did they not come straight out and say that they would be voting for this motion and that this would mean that Quebeckers, as members of a nation, should have more weight than the other provinces’ voters? And why did they not say so in French and in English everywhere in Canada? That is my first question.

The second question is this. Both the Liberal plan for 308 seats in the House and the ballooned 338-seat plan of the Conservative Party, which has become the law of the land unfortunately, accept the rule that ensures that any currently overrepresented province will not become under-represented. Bill C-312 does not include this rule. Does this mean it would be acceptable to the NDP if, perhaps, either Manitoba or Nova Scotia became under-represented and, if so, why? Is that because they are not nations? Is that the logic of the NDP?

And if that is the logic, then they should say so, in English and in French, in Nova Scotia, Manitoba and everywhere else.

They would just have to say to Manitobans that they would be under-represented because they are not a nation within Canada. They should say that everywhere. I want to hear that from my colleague from Compton—Stanstead, the sponsor of this bill. Can he confirm that he is speaking on behalf of his NDP colleagues from Manitoba, Nova Scotia and New Brunswick? Are they are okay with the view that their provinces may be under-represented in the House, since they are not nations? I hope to get an answer to this question.

The third question is the following: is the NDP going to produce some numbers at last? According to its plans, how many members of Parliament would make up the House? It has no reason not to release its numbers. All the other parties have. When you propose something, you have to say what it will look like. Actually, it is a bit difficult to understand what it would look like. If the representation of a province is set in stone, regardless of demographic trends, it can lead to rather complex arithmetical complications.

If Quebec is guaranteed 24.35% of the seats in the House, regardless of what the demographics of Quebec are, that means that other provinces will go down in percentage, since the total has to add up to 100%. Otherwise, it is an arithmetical impossibility. Only in hockey can we have 110%. The NDP has to understand that.

The New Democrats have to show us their numbers. How do they get 100%? Which provinces have to give up seats so that one province is overrepresented based on their calculations?

I want to mention that in this bill, the NDP would keep the rule of equitable representation for the fast growing provinces. They want to correct the under-representation of Ontario, British Columbia and Alberta. I think it is right to do so. They would keep the Senate clause that no province can have fewer seats than its existing number of senators. It is in the Constitution: we have no choice and have to respect that rule. They would keep the grandfather clause, like the Conservatives, which is a mistake, because then we cannot subtract from the number of seats of provinces but only add to them. They also have a fourth rule that Quebec will remain at 24.35%.

The first three rules mean there will be 30 more seats in the House. That is what the Conservatives decided to do, and so the next time there will 338 seats. The additional rule of Quebec at 24.35% means that we would then have six more seats, or 344.

But if we add those six seats for Quebec, then Alberta, British Columbia and Ontario are underrepresented again in terms of the objective. Alberta is no longer making any progress. So we end up with 344 seats and we do not achieve the objective we were seeking. So we have to add seats for Alberta, British Columbia and Ontario. But then, Quebec will no longer have 24.35%. So we have to add seats for Quebec. And in this little game, even if there were 350 seats, we would not be able to satisfy the four rules proposed by the NDP in its plan. And that is for 2011. Imagine how distorted things could get in 2021 and 2031.

Each national party has an obligation to say the same thing in English and French throughout our great country. I challenge the NDP to do so in this matter, starting by releasing its numbers.

The fourth and last question is whether this bill is constitutional. In permanently fixing the percentage of seats of 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. Yes, 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 in relative decline. That is true. However, that leeway has its limits: parliament cannot run afoul of the principle of proportionate representation. That would be unconstitutional.

While Bill C-312 mentions the Supreme Court decision of June 6, 1991, we have said again and again to our NDP colleagues, but without receiving any answer from them, that this ruling applied to the delimitation of ridings, not to the representation of the 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 cultural 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 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 this House to show respect for the basic law of the land, the Constitution of Canada. In the meantime, we Liberals will as always remain consistent in principle. We will oppose this bill because it is unconstitutional and impractical.

The next time there is an opportunity, we urge all members of Parliament to support the Liberal plan to freeze the number of seats in this House, because otherwise we will have to extend Parliament as far as the Rideau Canal if we are to fit in all members in the House.

In conclusion, I have asked my questions. Will I get any answers?

The House resumed from December 2 consideration of the motion that Bill C-312, An Act to amend the Constitution Act, 1867 (democratic representation), be read the second time and referred to a committee.

Fair Representation ActGovernment Orders

December 13th, 2011 / 1:20 p.m.
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NDP

Pat Martin NDP Winnipeg Centre, MB

Mr. Speaker, I appreciate some of the thoughtful, considerate and even refreshing speeches put forward by some of my colleagues in the opposition. I believe it serves as an illustration of how seriously we on this side of the House take this opportunity to show not only respect for the various constituent regions that make up the fragile construct of the nation state of Canada. I am also proud, in the context of this debate, that many of the members on the NDP side have put forward the first bill they believe is a reasonable consideration of the thorny question of representation in the House, which is private member's Bill C-312.

It is the first party to introduce a bill that would give addition seats to the fastest-growing provinces and would recognize the legitimate concerns of the province of Quebec. That is why we have been proudly stating that we view this as a nation-building exercise, not divisive or dismissive of the legitimate concerns brought to the table but accommodating both of those legitimate issues under the auspices of one private member's bill, which I hope will have full debate and even be approved and passed by the House of Commons.

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 a.m.
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NDP

Alexandrine Latendresse NDP Louis-Saint-Laurent, QC

Mr. Speaker, of course, I would like to thank the hon. member for Compton—Stanstead for the excellent bill that he introduced in the House.

I think that he has hit the nail on the head. Our country is multicultural. It has many communities of interest and many peoples. Canada has three recognized founding peoples. This country is so complex that we cannot merely decide to divide it like this or like that, rural ridings versus urban ridings, Quebec versus the rest, Alberta versus Canada and so on. It does not make sense. That is not how Canada works. Our party recognizes this. Canadians come from all over and we are able to reconcile our differences, come to an agreement and find common ground with everyone involved. That is what we want to work toward, and that is why we support Bill C-312.

Fair Representation ActGovernment Orders

December 13th, 2011 / 11 a.m.
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NDP

Jean Rousseau NDP Compton—Stanstead, QC

Mr. Speaker, I would like to commend the hon. member for Louis-Saint-Laurent for that marvellous demonstration of democracy.

I would like to thank her for the many references she made to Bill C-312. It is just a small bill, yet it seems to really scare the Government of Canada. It is strange how a nation of founding people that was recognized by the House on November 27, 2006, by a motion introduced by the Prime Minister at the time, the member in seat no. 11, across from us, can cause such a stir.

My question pertains to the many realities we have in Canada. How can we better acknowledge Canada's characteristics—particularly those that have been recognized by many previous court rulings—and thus support an undivided, united Canada, as the Conservatives are currently proposing?