Debates of March 5th, 2013

Government Response to Petitions

[Tom Lukiwski, Conservative, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Mr. Speaker, pursuant to Standing Order 36(8), I have the honour to table, in both official languages, the government's response to three petitions.

Criminal Code

[Mike Sullivan, NDP, York South—Weston, ON]

moved for leave to introduce Bill C-482, An Act to amend the Criminal Code (telecommunication device identifier).

Mr. Speaker, cell phone theft is a crime problem in my riding of York South—Weston and across Canada. Cell phone theft is a growing and troublesome street crime, particularly for young people being mugged for their cell phones. It is a crime of opportunity, because stolen cell phones can easily be reactivated by a different carrier.

The legislation I am proposing today is the result of an initiative I took last summer in response to muggings of high school students in my riding for their cell phones. At that time, I called on the CRTC and the industry to develop a national database to track stolen cell phones. That is now being done, and this bill is the last step.

By making it illegal to tamper with cell phone identifiers, the unique number that is assigned to each cell phone, this legislation would make more effective the national database of stolen cell phones being developed here in Canada by cell phone carriers. It would prevent the reactivation of stolen cell phones and so remove the incentive to mug people for their cell phones.

I hope all members in this House will support this important crime-fighting initiative.

(Motions deemed adopted, bill read the first time and printed)

Canada Post

[Bev Shipley, Conservative, Lambton—Kent—Middlesex, ON]

Mr. Speaker, I have a petition brought forward by a number of my constituents in Lambton—Kent—Middlesex regarding Canada Post reviewing every post office across the country to see if outlets can be downsized to newer, smaller models.

The petitioners' concern is that in developing this process, a better process for making changes to the retail and delivery network be undertaken.

The Environment

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Mr. Speaker, I rise today to present two petitions.

The first petition is from residents of the Vancouver area calling on the government to put in place a legislated ban on supertankers on the British Columbia coastline. As this House will know, a non-legislated ban has been in place since 1972.

Foreign Investment

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

The second petition was signed by residents of Salt Spring Island, in my riding, as well as people from Guelph, Toronto, Prince George and Halifax. The petitioners are calling on the Prime Minister and his cabinet to refuse to ratify the Canada-China investment treaty because it will infringe on Canada's sovereignty and its environmental, labour, health and other regulations and protection measures.

Sex Selection

[Rod Bruinooge, Conservative, Winnipeg South, MB]

Mr. Speaker, I would like to bring forward this petition from constituents in Manitoba.

The petitioners are calling on the House of Commons to condemn discrimination against pre-born girls through gender selection and are asking the House to support Motion No. 408.

Questions on the Order Paper

[Tom Lukiwski, Conservative, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Mr. Speaker, I ask that all questions be allowed to stand.

[The Speaker]

Is that agreed?

[Some hon. members]

Agreed.

Opposition Motion--Senate

[Craig Scott, NDP, Toronto—Danforth, ON]

moved:

That, in the opinion of the House, the government of Canada, in consultation with the provinces and territories, should take immediate steps towards abolishing the unelected and unaccountable Senate of Canada.

Mr. Speaker, it is time to roll up the red carpet. It is my honour to rise today on behalf of my constituents of Toronto—Danforth to speak to this motion, which I will restate:

That, in the opinion of the House, the government of Canada, in consultation with the provinces and territories, should take immediate steps towards abolishing the unelected and unaccountable Senate of Canada.

To that motion I would like to add that the official opposition is fully prepared and ready to co-operate with the government in this task of consulting with the provinces and territories. We have enough experience with co-operation. Our leader, the member for Outremont, has led the way in starting to talk to the provinces as a mode of co-operative federalism. The means by which the Senate will be abolished can only proceed through that avenue.

The NDP has, since its very inception, been firmly in support of Senate abolition. Indeed, calls for abolition also came from our predecessor, the CCF. The NDP has also long believed that the people of Canada should be consulted as part of the abolition process. This remains important, but we need to start here, in the House of Commons. We need to send an extremely strong signal that the time has come. We are at a historic moment. People have come to realize that the Senate is an archaic, otiose institution, but we have to start here, in the House of Commons, and send the signal and begin to work with the provinces and territories, something it seems our Prime Minister seems allergic to.

Before I continue, I should say that I am going to be splitting my time with the hon. member for Louis-Saint-Laurent.

It is important to note that the government has put a reference to the Supreme Court of Canada, and the question of abolition is one of the questions. It is also important to clear up confusion. The Supreme Court will not be deciding one way or the other whether the Senate should be abolished. That is a political decision we are starting to initiate here, but it will tell us what the correct amending formula under the Constitution is. There is debate on that. It is almost certain that it is not less than 7/50; that is, seven provinces with 50% of the population. The Constitutional Amendments act will also come into play where certain provinces, including Ontario and Quebec, have to be involved in the amendment. However, it could also be unanimous consent of the provinces along with the federal Parliament. We will wait to see what the Supreme Court says. We will be very interested to see what the Supreme Court says.

The key is to note that with either of those formulas—unanimous consent or 7/50—ultimately the Senate does not have to consent to its own abolishment. With either of those formulas, the Senate can resist, according to the 1982 Constitution Act, but it cannot ultimately block its own abolition, unlike the method the Prime Minister is using with his Bill C-7, in which he is purporting to amend the Constitution by only going to the Parliament with an ill-conceived scheme, when he knows that the Senate's consent is necessary. Under that form of amendment, amendment by the Parliament of Canada alone—which again is not applicable here, and the Prime Minister knows it; that is why he has finally gone to the Supreme Court to get clarity—we need the Senate's consent.

It is a nice turn that the Supreme Court will tell us which amending formula applies, and when we eventually work with the provinces to get the necessary number of provinces and legislatures on board, we will not ultimately be blocked by our friends in the Senate.

Like an Edsel, the Senate was obsolete almost from the moment it was built. Somehow, however, this one is still on the road. However, its lights are broken, the body is totally corroded, the wheels are wobbly and the engine has all but been seized up by dirty oil. It may still have a very plush interior, but it is time to send it to the scrapyard.

The Senate has long ceased to have any meaningful connection to the supposed original reasons for its existence. One of those reasons is the principle of representing the regions, four different regions, and the provinces within the regions.

From as early as the 1930s, reaffirmed in the 1950s and the 1960s, commentators noted that this never was a function seriously carried out by the Senate. It was not built for that. It did not operate in that way. Indeed, over time, in fact, very early on, it was the Privy Council, and it was then taken over by the Supreme Court of Canada, that served as the institution that protected federalism within our constitutional structure. We do not need the Senate for that purpose.

Only a handful of senators, 12, 15 or perhaps 20, make a serious contribution to sober second thought, which is the other major function. They do good work. They are assisted by good staff. They are conscientious. I can bet that they resent the presence of many of their colleagues in the Senate who have brought this institution down around their own ears.

There are good senators. We hope to work with those senators if abolition does not occur before this party forms government in 2015. There are good senators we hope to work with, and I believe we will work with, who generally act in a thoughtful, non-partisan fashion but who, most important, realize, whatever their political stripe—very strongly Conservative, very strongly Liberal, independent—that the Senate is an illegitimate body when it comes to blocking bills coming from the House of Commons. It is those senators with whom we will work on the road to abolition and in any period in which we have to govern with the Senate still in place.

Meanwhile, last year, while whatever the number of senators, 100 or so with the few vacancies that are still there, basked in the comfort of, frankly, sinecure, appearing on average 56 days a year in the Senate, we in the House of Commons were doing the work for the people of Canada.

It is important to note all the controversy over residence and everything else, which my colleagues will speak to in more detail. The senators have no constituency responsibilities, yet they have budgets and they spend much more than we do, frankly, when we add up all their travel expenses. They have no constituency responsibilities. Nobody expects them to engage in that, and they do not do it, yet many of them roam around the country, racking up the miles with no role on the ground that has any legitimacy, and—I will not say “except”—they are great fundraisers. We know many senators come from fundraising backgrounds. They come from a party background. They are there only as a favour for what they did for their party in the past, and they continue in that role.

One of the most significant features of what I would call the structural corruption of the Senate—I am not going to the ethics of individual senators; I am talking about the structural corruption of the body—is how it has served and continues to serve as the means by which two parties, in particular, send out a virtual phalanx of publicly paid individuals to raise money for their parties. One party is doing that a lot better than the other these days. I acknowledge that. The party in power uses its senators extremely deftly. I would be extremely interested to know what, for example, an Auditor General's audit of the Senate would reveal about the use of parliamentary travel funds for fundraising purposes. Let us just say that the Senate is very good at hiding the reasons for travel. At the moment, we do not know the exact reasons some senators have racked up amazing travel budgets.

I indicated at the beginning that the Senate is, frankly, an Edsel. It is an Edsel in a couple of respects. From the beginning, thoughtful commentators knew that it would be a hyperpartisan body that would not be fulfilling the functions originally envisaged.

I would like to read from a wonderfully named book, The Unreformed Senate of Canada, page 45, an objection from the opposition at the time, in 1866-1867, by David Reesor, when he said:

[W]e know what the tendency is in England, and what it was in this country when the Government had the appointment of the...Legislative Council; the effect will be to find a place in this House for men distinguished for the aid they have given at elections to certain men or parties, and not as a reward of true merit or legislative ability.

Nothing has changed, nor have the words of Sir John A. Macdonald. He said:

There should be a large property qualification for the Upper house which is then the representative of property.

The Senate, having voted down the former leader's climate change accountability act, has shown that it is the continuation of the defence of property that Sir John A. Macdonald wanted the institution to be so many years ago. It is time for that to end.

[Steven Fletcher, Conservative, Minister of State (Transport)]

Mr. Speaker, how is this member going to explain this to Atlantic Canada? He is essentially saying that Atlantic Canada would lose 32 parliamentary positions, in an area that is already having many challenges. The New Democrats are actually proposing the status quo. Because the abolishment cannot happen, it would be much better if the New Democrats would adopt this government's plan for nine-year non-renewable terms, and elections in the provinces. Only this government has said that it would do that. The provinces would need to hold the elections and the Prime Minister would appoint who is elected. Those are things that would bring meaningful change to the Senate, and the New Democrats oppose it. However, by opposing it, they are actually supporting the status quo.

How would the member respond to that?

[Craig Scott, NDP, Toronto—Danforth, ON]

Mr. Speaker, before being a very privileged resident of Toronto—Danforth for the last 23 years, I came from Nova Scotia. I am completely confident that Atlantic Canadians, no different from other Canadians, understand what the Senate really is and that it has no representative function for them. It does not play that role.

That said, we have to listen to the provinces: Nova Scotia, New Brunswick, Prince Edward Island, in the Maritimes, and Newfoundland. We have to listen to what the provinces have to say through their own political processes. If indeed they want the Senate to remain, we are going to have to listen. However, I do not believe that is the sentiment, either politically or among the populace in Atlantic Canada. It is consultation that will determine that, not running away from talking to the provinces, which is the mode of the Prime Minister.

[Stéphane Dion, Liberal, Saint-Laurent—Cartierville, QC]

Mr. Speaker, I thank my colleague for coming forward with this motion. However, the question is why he and his party want to divert the energy of our governments of this federation, at a time when the economy is so shaky and people are concerned about their jobs, to reopen the constitution, start a mega-negotiation that will go nowhere, and to spend a lot of money on a referendum that will fail because many provinces will say they want to keep the Senate. Why do all this at a time when all our energy should be focused on the economy and the difficult times we are in?

[Craig Scott, NDP, Toronto—Danforth, ON]

Mr. Speaker, I appreciate the question, and I respect greatly the hon. member who has posed it, the work he has done for Canada, and where this question comes from. However, I profoundly disagree with the assumption that we know what Canadians and provinces, through their representatives, think on this matter. Things have changed a lot of late. Canadians are sick and tired of dysfunctional parliamentary politics. They understand that this House needs reform; they understand that the electoral system needs reform. They also understand that the Senate is a useless institution.

Coming from the province that the member represents through his own constituency, I say he should not presume to know what that provincial government's position will be on the question of abolition. Things can change, for example. Let us wait to see what will result from dialogue and talking to the provinces. If it turns out that abolition requires unanimous consent, his point will be well-taken; it will be difficult. However, if it is 7/50, it is going to be extremely possible to do.

[Alexandrine Latendresse, NDP, Louis-Saint-Laurent, QC]

Mr. Speaker, I would like to begin by wholeheartedly thanking the member for Toronto—Danforth for his speech and the work he does on this file, be it on democratic reform or the issue of what should be done with the Senate.

He is very learned. He is able to shed light on various elements and show us how to approach the issue from a different angle, because the current situation makes no sense. Something can be done.

Thanks to members like him, we will succeed in coming up with a new proposal that is better for all Canadians. Clearly, the Senate is a major problem. Everyone can see that.

Our motion is clear:

That, in the opinion of the House, the government of Canada, in consultation with the provinces and territories, should take immediate steps towards abolishing the unelected and unaccountable Senate of Canada.

There are two very important parts to the motion. It is very important to consider the consultation aspect, because we believe that the goal is not to impose anything, but rather to encourage a serious discussion on abolishing the Senate. We need to hear what the provinces have to say about this.

I believe that most people would agree that the Senate has become a completely outdated, undemocratic, antiquated institution in this day and age—an old relic that is no longer relevant.

Originally, the Senate was supposed to review and improve legislation; it was meant to be the chamber of sober second thought. It was designed to represent minorities, as well as the provinces and regions in the legislative process. That was the basic idea, but that was never what actually happened. Ultimately, the Senate never played that role.

The Senate has always been an extremely partisan institution that serves simply to thank party cronies, who are appointed to that chamber to enjoy the associated privileges and to block the bills that are passed by duly elected MPs. This causes many problems. In the end, it all becomes very clear when we ask Canadians what they think.

It is true that, in the beginning, the idea was to provide regional representation, as the Minister of Transport mentioned. However, the reality is that this is simply not happening. Senators are supposed to represent certain regions, to be the voice of those regions, but that is not what they are doing.

The Senate was originally created to represent the regions. The reality is that it has never done that. We must not keep the Senate simply because it was a good idea in the beginning. It currently costs Canadians $100 million. It is little more than a cushy job for party cronies who raise money for the party. It should not work like this. We cannot let it continue. It is too appalling. We cannot allow such an illegitimate parliamentary institution to continue.

The Conservative Party has been promising to reform the Senate for a very long time. The Conservatives campaigned on this reform in 2005 and talked about it non-stop. I am convinced that many members of the Conservative Party and people who vote for and support them believe, like we do, that the Senate is very problematic as an institution.

The Conservatives have been in power for seven years now, and almost nothing has been done about this. Of the 789 days during which the House has sat, the Senate has been discussed on just 18. It is ridiculous.

Then we are told that it is a priority and that the opposition is to blame if the reform does not go through. Are you kidding me? Come on. After issuing gag orders more than 30 times, they are now telling us that, this time, it is the opposition's fault if the file does not move forward. It is completely absurd. This is not a priority for the Conservatives at all.

The Conservatives introduce Senate reform bills that make no sense. They introduced Bill C-7 last year. They shelved it and have not talked much about it since. Bill C-7 poses huge problems and provides that somewhat bogus elections will be held to elect senators. Furthermore, the provinces will be the ones to pay for the elections because it is obviously up to them to deal with them.

Then, the Prime Minister will decide whether or not to appoint the people on the list. Super. I am so delighted. We will really have a Senate that makes sense.

Basically, the principle of electing senators may cause a lot of problems, because our system is not set up for two elected chambers. There is no mechanism available to us for this to work effectively and in practical terms. So a fundamental problem already exists.

Then, eight-year non-renewable mandates are proposed. That will really make these people accountable to Canadians. After being elected, they will not have to be accountable to anyone for the next eight years. They will be all set, with a good pension, nice perks, a good budget. They can travel around and collect money for the Conservative Party as much as they want. It is completely ridiculous. They will never be accountable to the public.

When you read this bill, it is very clear that it was drafted in such a way that the government would not have to consult the provinces. The bill circumvents all parts of the Constitution. It makes small, superficial changes so that the government does not have to talk to the provinces at all. That is not how things work here in Canada. The federal government and the provinces need to talk and the provinces need to communicate with each other in order to move forward, make things work and make Canada into the country we want it to be.

Let us talk about the provinces. Either they have never had senates or they have abolished them. As far as I know, the provincial governments have not crumbled and no apocalypse has occurred because they have no senate. Everyone agrees that a government can operate just fine without this institution and that the good work that is sometimes done by the Senate can be replaced with something else, such as more work in committee or the creation of more commissions of inquiry. There are many other ways of doing this work.

Right now, we have the example of all of our provincial governments. Their legislatures are working just fine without the need for a chamber to which party friends are appointed and where the government spends outrageous amounts of money that, when you get right down to it, do not really serve much of a purpose.

Let us talk about spending. This year, the Senate's budget was increased by $2.5 million. The Conservatives are making cuts everywhere. They are telling employment insurance claimants that investigators will have quotas that will force them to cut people's benefits. Yet, meanwhile, they are saying that the Senate is just fine and they are increasing its budget.

Could someone please explain this to me? In my opinion, something is not right. That is not how I see the Parliament of Canada, and that is not where we should be investing our energy and money.

Some people share this view. I was going to talk about a surprise, but it is actually no surprise, because this idea is likely much more widespread than we know. Former senator Michael Fortier clearly stated that he was in favour of abolishing the Senate. It is really important to hear what he said in his own words. He said:

If I had to choose today, I would say that I'm probably closer to closing the place down. I just don't see the usefulness.

I was very naive.

He goes on to talk about when he was appointed to the Senate in 2006.

I thought it would be a different place than the one I found. I found it to be extremely partisan...on both sides, including my own. And it was very annoying because these people were trying to be members of parliament and they weren't.

That is the problem. They are just taking defeated candidates or close friends of the party, giving them a golden handshake and reimbursing their expenses with taxpayers' money. For example, Senator Wallin racked up tens of thousands of dollars in expenses during the 2011 election campaign. That is completely ridiculous. Our money, Canadians' money, is going to a senator who is campaigning for a political party.

Is that what our non-partisan Senate, the chamber of sober second thought, has come to? That is not how the Senate should be. It is absolutely critical that this motion be adopted. We need to say that it is time to consult the provinces and have a serious discussion about abolishing the Senate.

[Tim Uppal, Conservative, Minister of State (Democratic Reform)]

Mr. Speaker, the NDP has come forward with the suggestion to abolish the Senate. We are dealing with the Constitution; we cannot just wake up one morning and decide to abolish the Senate. What amending formula would the NDP use to abolish the Senate? Would it be seven provinces with 50% of the population? Would it be unanimous consent? Does the member have clarity on this question, because frankly, the rest of Canadians do not have clarity on the issue? I wonder if the NDP does.

When even the Liberals and the member for Saint-Laurent—Cartierville say we should not get into long, drawn-out constitutional battles, we know we are on the wrong track.

[Alexandrine Latendresse, NDP, Louis-Saint-Laurent, QC]

Mr. Speaker, I thank the minister for his question, which I believe is quite valid.

I would like to commend the government for finally doing the right thing and seeking the opinion of the Supreme Court of Canada in order to know, once and for all, exactly what we will need to do either to move forward with Senate reform or to abolish the Senate. Until then, I am curious to see what they will have to say about it.

Nonetheless, I find it ironic that it has taken seven years for the Conservative government to decide to move on this issue. This is a longstanding issue. We did not just suddenly say that perhaps we should see what constitutional amendments are required.

As my colleague from Toronto—Danforth said earlier when answering a question, if it requires unanimous consent, it may prove difficult. I sincerely believe that enough people are fed up with the Senate that they will say so openly and convince their provincial governments. There will then be a true popular movement and the people will say that they have had enough, that they no longer want a Senate because there are much more intelligent ways to spend our money in Canada.

[Stéphane Dion, Liberal, Saint-Laurent—Cartierville, QC]

Mr. Speaker, I thank my colleague for her speech. She has stated her position very clearly, but has not provided any studies to support her assertion that the Senate is completely useless.

I have a study by Professor Andrew Heard, which was published in 2009. It shows that, between 1994 and 2008, the Senate amended 9% of the bills passed by the House of Commons and rejected outright two out of 465. Thus, about one in 10 bills is amended by the Senate. These amendments provide clarifications that save taxpayers money and make the laws clearer.

Has she done a study to prove that the House is truly making a mistake by accepting amendments made by the Senate and not just doing the right thing and benefiting from the work of our colleagues in the Senate?

[Alexandrine Latendresse, NDP, Louis-Saint-Laurent, QC]

Mr. Speaker, I thank my colleague from Saint-Laurent—Cartierville. I admire him a lot. He is very knowledgeable about this topic.

To answer his question, I do not think he is taking the right approach by finding rare examples of what the Senate is doing right. No one is saying that the Senate is bad 100% of the time. There are absolutely excellent senators who truly want to do good work, and the work they do can often be helpful to this House.

Does that justify paying $100 million a year for that chamber? Does it justify having to support people who are appointed for purely partisan reasons?

At the end of the day, if we do things differently, there are many ways we can get the same result as the good work of the Senate, for example, by doing a better job in committee.

It would be great if the government were a little more open to discussing amendments presented by the opposition in our House of Commons committees and if there were a more comprehensive and detailed vision for bills at that stage. This could completely replace what the Senate is currently doing.

[Tim Uppal, Conservative, Minister of State (Democratic Reform)]

Mr. Speaker, I stand in the House this morning to join in the debate on a motion put forward by the member for Toronto—Danforth.

I am always happy to discuss changes to the Senate, because the reality is that our government is the only party with a real plan to reform the Senate. We are the only ones taking legitimate action to bring greater accountability and democracy to the Senate. We are the only ones to have a clear plan in the form of a bill before the House.

The NDP talks about abolishing the Senate, yet it is just that: talk. Today those members say they want to “abolish” the Senate, yet just last month the same NDP member for Toronto—Danforth who put forward today's motion said, “...we're open to any kind of reasonable reform”.

The NDP's lead spokesperson on the Senate admitted not too long after that “I can't say exactly what [the Leader of the Opposition] will do in 2015...”. It is true that he cannot say, because the NDP leader refuses to say what he may do come 2015. Yesterday, when asked point blank whether he would appoint senators if his party formed the government, the Leader of the Opposition refused to answer. The real reason the NDP's lead spokesperson on the Senate cannot say what the Leader of the Opposition would do in 2015 is that the NDP has no intention of abolishing the Senate and has the full intention of appointing its own NDP members.

The NDP conspired to appoint its own senators once and it will do it again. When the Liberals, NDP and the Bloc conspired to form a coalition in 2008, the NDP worked out a deal to appoint its own senators. In fact, the NDP's own motion admits that it needs the support of provinces and territories, support it would not likely receive.

Abolishing the Senate requires reopening the Constitution. The NDP knows it cannot get the support of the provinces to abolish the Senate. That is why it has never put forward a legitimate plan in the form of a bill to do so. The NDP's real plan is to appoint its own senators. It will create a constitutional sideshow and appoint NDP senators while reform continues to be delayed by constitutional wrangling. Creating a constitutional sideshow not only helps the NDP hide behind the premiers so it can appoint its own senators; it also has the added benefit of distracting Canadians from its dangerous and reckless tax and spend schemes, like its $21 billion job-killing carbon tax.

If the NDP were serious about changes to the Senate, it would have put forward a real plan. Instead it resorts to an empty motion. Rather than discuss real and achievable Senate reform, like term limits and getting provinces to hold Senate elections, NDP members call for constitutional battles with the provinces, and the hypocrisy does not end there.

The Leader of the Opposition claims that he wants to abolish the Senate, yet he just recently tabled a private member's bill to increase the Senate's powers. The NDP leader's bill reads that “The Governor in Council shall...appoint a Parliamentary Budget Officer after consultation with the leader of every recognized party in both Houses of Parliament...”. If the NDP leader really supported abolition, then why did he put forward a plan to increase the Senate's powers? It is because the NDP knows that, when senators are selected by Canadians, it will no longer be able to appoint its own NDP senators, as it conspired to do in 2008.

Our government has always been clear about our commitment to bring reform to the Senate Chamber, including processes for Canadians to select their Senate representatives. We pledged to do this in our most recent election platform, and we repeated our promise in the Speech from the Throne. We even took another step toward a more democratic and accountable Senate by seeking clarification from the Supreme Court of Canada.

The Senate makes, reviews and passes laws that affect Canadians every day, and it is not right that senators have no democratic mandate from the people they represent, nor that they can sit in the other place for decades at a time.

The Senate can be a place where a broader range of experience and expertise can be brought to bear on the issues facing our country. Unfortunately, I believe that the contributions of the Senate are overshadowed by the fact that senators are selected and appointed through a process that is neither formal nor transparent, with no democratic mandate whatsoever from Canadians. Moreover, there are no strict limits on the number of years an individual can sit in the Senate. Taken together, the Senate's effectiveness and legitimacy suffer from its democratic deficit.

We must then ask ourselves this simple question: Is this good enough? Our answer is no. Our government has long believed that the Senate status quo is unacceptable, and therefore it must change in order to reach its full potential as an effective and democratic institution.

While recommendations on how to reform the Senate have differed, and differ still, there is one consistent theme that runs throughout. Nearly all reports and studies agree that the Senate is an important democratic institution and that reform is needed to increase legitimacy in the context of a modern democratic country.

It is clear that while there may be different approaches to solving the problem, reform is the best course of action to actually achieve change to the status quo of the Senate.

Senate reform of any kind has proven to be a complicated process. Under our constitution, reforming fundamental aspects of the Senate, such as its powers or the representation of the provinces, requires at least the support of seven provinces representing 50% of the population of the provinces.

Achieving the necessary level of provincial support for particular fundamental reforms is a complex and lengthy process with no guarantee of success. Abolishing the Senate, for example, at the very minimum requires the consent of at least seven out of ten provinces, if not unanimous consent of all provinces and territories.

Canadians do not want drawn-out constitutional battles, battles that would detract from what Canadians want their government to focus on: jobs, growth and long-term prosperity. At a time when the global economy is still fragile and Canadians are rightly worried about their savings, their retirement and their financial future, long drawn-out constitutional clashes with the provinces would be a recipe for sideshows distracting the government's attention from the economy.

Added to this is the fact that there is no consensus among provinces to pursue large wholesale reform. The NDP's own motion admits that it needs the support of the provinces and territories, support it knows it does not have.

Our government believes that Senate reform is needed now. The NDP does not want reform now. It wants to delay, to keep the status quo and to keep Canadians from electing their own senators. Getting into constitutional battles with the provinces is a good way for the NDP to delay change to the Senate, so that the NDP can appoint its own senators.

Canadians deserve better. Canadians deserve a say in who represents them in the Senate. That is why we are moving forward with the Senate reform bill. Through this bill our government is taking immediate and concrete action to increase the democracy in our upper chamber and to work co-operatively with the provinces and territories.

The Senate reform bill includes two initiatives that would help bring real reform to the Senate. First, the bill provides a suggested framework to provinces and territories that wish to establish democratic consultation processes to give Canadians a say in who represents them in the Senate. Second, it introduces term limits for senators appointed after October 2008, which would ensure that the Senate is refreshed with new ideas on a more frequent basis and would allow Canadians to select their Senate representatives at regular intervals.

On Senate elections, we have consistently encouraged provinces and territories to implement a democratic process for the selection of Senate nominees.

The framework in the Senate reform act is meant to provide enough details to facilitate the development of provincial or territorial legislation without limiting provinces and territories in the establishment of a consultation process or the precise detail of such a process, which may differ between jurisdictions as local needs may demand. This is, after all, a co-operative venture. Provinces and territories would not be required to implement the framework precisely as written; rather, they would be encouraged to adapt the framework that best suits the needs of their unique circumstances. As we have seen with legislation introduced in New Brunswick, they have adapted the legislation to fit the realities of that province.

The approach proposed in the Senate reform act has already been successful, and this type of reform has already gained a toehold in our Senate. In 2007, the Prime Minister recommended the appointment of Bert Brown to the Senate. In 2012, he appointed the first female elected senator, Betty Unger, and in 2013, he appointed Doug Black to the Senate. Senators Brown, Unger and Black were elected as senators-in-waiting by Alberta voters in selection processes held under the authority of Alberta's Senatorial Selection Act, which was introduced in 1989.

Alberta may have been the first province to pass this type of legislation and to see its nominees appointed, but it is not the only province that has taken steps to facilitate reform. In 2009, Saskatchewan passed the Senate Nominee Election Act, which enables a provincial government to hold a constitutional process on Senate nominees. In British Columbia, a bill has been introduced that would provide the provincial government with the authority to hold consultation processes. In New Brunswick, a bill has been introduced in the legislature to hold Senate nominee processes by 2016. More broadly, I would encourage all our colleagues in all provincial and territorial legislatures and assemblies to consider supporting and moving forward with similar initiatives.

In addition to encouraging the implementation of democratic selection processes for Senate nominees, the Senate reform act would also limit Senate terms, which can span several decades under the current rules. Under the act, senators would be subject to a single nine-year non-renewable term. Limiting the terms of senators can be accomplished by Parliament through section 44 of the Constitution Act of 1982. Similarly, in 1965, Parliament, acting alone, introduced a mandatory retirement age of 75 for senators. Prior to that, senators were appointed for life.

I believe it is fair to say that while many in this House agree that changes to the Senate are necessary, we sometimes disagree on the way forward. In order to underline our commitment to Senate reform, our government has taken another step toward a more democratic and accountable Senate by seeking clarification from the Supreme Court of Canada.

In contrast to the position of other parties, it is clear that our government's approach is the practical and reasonable way forward. It is the approach that can truly achieve results. In fact, the stated positions of the opposition parties are essentially arguments in favour of the status quo. Their proposals have such a low chance of success that they might as well not even propose them at all.

For example, the official opposition claims to be for abolishing the Senate. Aside from the very obvious sideshow that the NDP is attempting to create, abolition is not possible for one major reason: there is no consensus among the provinces to abolish the Senate. Since the NDP members are unwilling or unable to put forward a real plan to abolish the Senate, we have done it for them by seeking clarity from the Supreme Court of Canada.

Then there is the Liberal Party, who in its 13 years in power did nothing to make the Senate more democratic or accountable. Even when it was given the chance to put senators elected by Canadians into the Senate, the Liberal Party refused—not once, but three times. The Liberals do not support Senate reform, and their 13-year record of inaction demonstrates their opposition. They have been clear about this.

In closing, we are the only party with a real plan to reform the Senate. Our government is dedicated to reforming the Senate so that hard-working Canadians across our great country can select their Senate representatives.

My constituents tell me that they want change. Canadians want change. I believe that the time for change in the Senate has come. Frankly, if the NDP wants to change the Senate, it would not be blocking the Senate reform act at every opportunity. In an attempt to filibuster our Senate reform bill, the NDP put up 40 speakers. Since 2006, the Senate reform act has been blocked 18 times by the NDP, including last week, when the NDP blocked a motion to pass the Senate reform act.

The NDP member who put forward the motion we are debating today stated that, “With any motion on an important subject, you have to get to the point where parties’ positions are clear”.

If the member for Toronto—Danforth is struggling with his party's position, as he seems to be, then he should look no further than the words of his own leader, who stated yesterday that “laws should only be made by people who are elected”.

The NDP members say that they want laws made by people who are elected. The NDP should stop dodging the issue and support our real Senate reform plan, which will provide for Senate elections. The NDP has blocked our attempts for an elected Senate 18 times. However, I am willing to give the NDP yet another chance to support our reasonable and achievable reform.

I would like unanimous consent to propose that notwithstanding any standing order or usual practice of the House, Bill C-7, An Act respecting the selection of senators and amending the Constitution Act, 1867 in respect of Senate term limits, be deemed to have been read the whole second time and referred to a committee of the whole, deemed considered in committee of the whole, deemed reported without amendment, deemed concurred in at report stage and deemed read the third time and passed.

[The Deputy Speaker, NDP, Joe Comartin]

Does the hon. minister have the unanimous consent of the House to move the motion?

[Some hon. members]

Agreed.

No.

[The Deputy Speaker, NDP, Joe Comartin]

There is no unanimous consent.

Questions and comments, the hon. member for Toronto—Danforth.

[Craig Scott, NDP, Toronto—Danforth, ON]

Mr. Speaker, I was wondering if the hon. minister could respond to a couple of comments.

The first is with respect to the House leader's attempt to seek unanimous consent and now the attempt by the minister, which is an obvious stunt. I just put that on the record. It is completely against the rule of law, even before going to committee with such an incredibly complex bill. That is clearly unconstitutional in that the government itself wants clarification from the Supreme Court. He wants the House to unanimously consent to a bill before the Supreme Court has told us that it is constitutional. He knows it cannot be operationalized until we hear that. It is a stunt.

In terms of opening the Constitution, the Conservatives have done this without consulting the provinces. The bill they have put forward pretending that Parliament can pass it on its own is clearly unconstitutional. It is a complete disregard for the rule of law. The Prime Minister has done this as a cloak to be able to appoint 58 senators over the last six years.

This business about our wanting to appoint senators is complete nonsense. There is no need to appoint senators on the road to abolition. There can be vacancies in the House. They can be left open as we work toward abolition. We will work with existing senators while making sure the entire Senate knows it is illegitimate to block the will of the House.

[Tim Uppal, Conservative, Edmonton—Sherwood Park, AB]

Mr. Speaker, what is a real stunt is to come here with a motion—not a bill, but a motion—to abolish the Senate when the NDP members know very well that the Constitution will not allow it. They have no agreement from the provinces to do that.

We are the only party with an actual plan to work with the provinces. The Senate reform act that I was talking about not only would limit the terms of senators but would actually work with the provinces, because it would be the provinces that would ask the members of that province and the Canadians who live in that province to elect their representatives and allow Canadians to have a say in who represents them in the Senate. That is how we are working with the provinces to create a better, more democratic and more accountable Senate. At every opportunity we have appointed elected senators. There are three from Alberta who are currently in the Senate today.