Bill C-16 (Historical)

An Act to amend the Canada Elections Act

This enactment amends the Canada Elections Act to provide that, subject to an earlier dissolution of Parliament, a general election must be held on the third Monday in October in the fourth calendar year following polling day for the last general election, with the first general election after this enactment comes into force being held on Monday, October 19, 2009.
The enactment also provides that the Chief Electoral Officer may recommend an alternate day if the day set for polling is not suitable.

Canada Elections Act

[Stephen Owen, Liberal, Vancouver Quadra, BC]

Mr. Speaker, I listened very attentively to the government House leader's speech. One of the themes of his speech was delay. The irony of the opposition to this very minor amendment from the Senate is that the government House leader and his party are actually delaying the passage of the bill. Simply by accepting this minor procedural amendment, it could go to the Governor General this evening. It does not have to go back to the Senate.

By opposing the amendment, the government is deliberately delaying the passage of Bill C-16, its own legislation, which all parties accepted and supported, by sending it back to the Senate. It is inconceivable to me that this could be presented by the government House leader unless it is a deliberate stalling tactic. Those members do not want to see fixed election dates until they know whether they want to go to the Governor General and have a dissolution outside of a non-confidence vote. They could do that anyway under Bill C-16, but it would be inconceivable for the Governor General to accept, short of a national emergency, a request for dissolution within Bill C-16 if there were a no confidence vote. The government is trying to keep its options open.

Is the government House leader sincere in wanting to get Bill C-16 through, or is this really a stalling tactic to keep his options open?

[Peter Van Loan, Conservative, Leader of the Government in the House of Commons and Minister for Democratic Reform]

moved:

That a message be sent to the Senate to acquaint Their Honours that this House disagrees with the amendment made by the Senate to Bill C-16, An Act to amend the Canada Elections Act.

Mr. Speaker, it is with more than a little frustration that I rise today to debate an amendment to Bill C-16. Let me be clear from the outset, the government supports, in fact initiated Bill C-16 for fixed date elections, but the government opposes the amendment made by the Senate to Bill C-16. It is unnecessary and it weakens the original legislation.

For more than a century, people from all over the world have looked to Canada as a model of freedom and responsible government. In fact, members of my own family took refuge here after fleeing repression.

They were seeking freedom, hope and opportunity. They were attracted by a country where they had a say, where political leaders were accountable to them and where government was responsive, effective and stable.

Just as John Diefenbaker said more than six decades ago, for those people, and for all Canadians, “Parliament is more than procedure; it is the custodian of the nation's freedom”.

In Canada our government has its roots in the British parliamentary system. In our short history we have adapted those ancient traditions to make them more relevant to the Canadian experience. We have made reasonable incremental changes that make government better for Canadians.

As Nova Scotia prepares for 250th anniversary celebrations of Canada's first democracy next year, many of us reflect on the impact that responsible government has had on our country. It was a step forward in making government more accountable, fairer and more democratic.

Over the years, our system has been modified to ensure that the government is listening to the people it serves. Bill C-16 represents only the most recent changes. It aims to strengthen our democracy by improving responsibility, transparency and equity.

It establishes fixed dates for elections every four years on the third Monday in October. Fixed dates take the guesswork out of the electoral process and level the playing field for the Chief Electoral Officer, for political parties and, more important, for voters.

Our government does not believe that the governing party should be permitted to time an election to exploit conditions favourable to its re-election. Bill C-16 would put an end to governance according to poll results. It would prevent snap elections such as those called by Jean Chrétien in 1997 and 2000, which predictably resulted in record low turnouts. In both cases the vote was seen to have been called for the sole purpose of capitalizing on political circumstance on a calculation of partisan interest.

Bill C-16 would eliminate situations where decisions on election timing would be based on best interests of a political party rather than the best interests of Canadians. The bill would empower governments and parliamentary committees to set out their agenda well in advance with certainty.

All the parties agree that, above all, elections belong to the people. We believe that by getting more Canadians to participate in the election process, Bill C-16 will make it possible to strengthen our democracy.

Passage of this legislation will allow citizens to plan to participate in their nation's electoral process. That participation is the bedrock upon which our democracy is built.

Bill C-16 was passed in the House of Commons without amendments. It was debated very thoroughly in the House of Commons and also in the committee on procedure and house affairs. It was passed in the House of Commons and was sent to the Senate where it was examined in detail by the Senate's committee on legal and constitutional affairs. After a detailed period of scrutiny and a detailed process, that committee supported the passage of the bill without any amendments.

Various expert witnesses have appeared before the Standing Committee on Procedure and House Affairs and the Senate Committee on Legal and Constitutional Affairs. These two committees have extensively examined the bill.

No party in the House of Commons suggested an amendment to this legislation. Neither the House committee nor the Senate committee felt it was necessary to amend Bill C-16. Therefore, it is somewhat surprising that at the very last minute an amendment was passed which has never been subject to any detailed scrutiny.

One has to wonder why the amendment was never presented for debate in committee. Perhaps there, reasoned examination would have pointed out the obvious flaws. The Leader of the Opposition supported Bill C-16 without amendment, yet he was not able to persuade Liberal senators to follow suit. He could not get that job done either.

I will turn my attention to the proposed amendment.

The proposed amendment to Bill C-16 would change the existing provision of the bill that would allow the Chief Electoral Officer to recommend a change to the polling day in the event of a conflict such as a provincial election or a day of cultural or religious significance.

This existing provision would allow the Chief Electoral Officer to recommend to the governor in council that the polling day be either the following day or a week later.

The proposed amendment would alter the bill so that it would explicitly allow the Chief Electoral Officer to recommend a change in the polling day in the event of a federal, provincial or municipal referendum. It is my contention that the proposed amendment weakens the original intent of the bill, the bill that was endorsed by all parties in the House of Commons.

Instead of safeguarding election dates for manipulation, the amendment would make it easier for governing parties to manipulate election dates. If the amendment were to be adopted, it would open the door to a prime minister putting off a scheduled election by calling a referendum on the same day. With the amendment, a national election would be cancelled because of a municipal referendum. I find it difficult to imagine any situation where a municipal referendum would be so important that it would result in a date of a federal election being cancelled, but the statute would provide for exactly that to happen.

We on this side of the House do not believe democracy or accountability in government is strengthened or enhanced in any way when a referendum to build a hockey arena in small town Ontario could cancel the date of a national election. The original legislation was drafted with enough flexibility to avoid conflicts in a limited variety of situations, but that should be as limited as possible. The amendment to which we object expands, not limits, the potential for fixed dates to be altered.

Under Bill C-16, neither the prime minister of the day nor the mayor of a small town could change the fixed election date.

In short, the amendment is unnecessary. The original bill has built in flexibility for the Chief Electoral Officer to adjust an election date in the event of a legitimate conflict.

Second, we believe the Liberal amendment weakens the original legislation by making the date of elections more vulnerable to manipulation, not surprising from a party that engaged in this kind of manipulation so regularly in the past.

Today I urge all members of the legislature to join with the government to oppose this unnecessary amendment and to oppose it in short order. Let us send the Senate a message. Let us tell senators that pointless amendments to important legislation are not acceptable to the House or to the Canadian people.

Had the amendment not been sloppily attached by the Senate at the very last possible moment, fixed dates for elections would be the law right now. Unfortunately, the unelected Liberal Senate and its continuing campaign against democratic reform blocked it. Consider the irony. The elected House of Commons passes a bill to fix dates for elections. Then an unelected Liberal dominated Senate passed an amendment to water down the law, without even committee consideration of that amendment, and, by doing so, prevented the democratic reform bill from becoming law.

The Senate telling members of the House of Commons how elections should work is an irony. Let us urge it to reconsider its amendment quickly so Bill C-16 could be in place in time for the next federal election.

As I said, Bill C-16 was passed in the House of Commons without amendments. The Standing Senate Committee on Legal and Constitutional Affairs also supported passing this legislation without amendments.

It has undergone heavy scrutiny and has been found to be acceptable, but today we have been asked to consider an amendment that has not been examined in any detail. We are being asked to debate a frivolous amendment that is designed to frustrate the government's agenda of democratic reform. An amendment of this sort feeds public cynicism and erodes the accountability that Bill C-16 seeks to foster in government.

The kind of procedural manoeuvring being employed by the Senate to hold up the passage of Bill C-16 brings to mind the game playing that has left Bill S-4, the bill for Senate term limits, languishing in that place for an unbelievable 328 days so far.

Bill S-4 is legislation that proposes to limit Senate terms to eight years. It was sent to the Senate for consideration on May 30, 2006. That is when it was introduced there.

Last spring, the Special Senate Committee on Senate Reform examined Bill S-4. That committee held extensive hearings on the matter.

In October of last year it reported its findings, which supported the government's incremental approach to Senate reform. Despite that endorsement, Bill S-4 is now the subject of a second round of hearings by a Senate standing committee, a committee that is duplicating the efforts of the earlier special committee.

The Leader of the Opposition said he supports the proposal for Senate term limits. He said he hopes Bill S-4 will pass. Yet, he cannot convince Liberal senators to follow suit.

Once again, the Leader of the Opposition cannot get the job done.

Just as I did last week, I will use this opportunity to once again ask the members of the official opposition to urge their colleagues in the Senate to put an end to this game playing, stop thwarting constructive change and get on with the job Canadians want and expect them to do.

Bill C-16 represents an important step in the modernization of our political process. It is a reasonable step that would make government more accountable and more transparent. For these reasons, it should be passed without amendment.

The government opposes the Senate amendment and urges all members of the House to advise the Senate that Bill C-16 should be restored.

The House proceeded to the consideration of the amendment made by the Senate to Bill C-16, An Act to amend the Canada Elections Act.

Senate Appointment Consultations Act

[Stephen Owen, Liberal, Vancouver Quadra, BC]

Mr. Speaker, I am pleased to rise this morning to speak to Bill C-43, the consultations act. I think everyone understands, who has read the bill, that this is not to provide for the election of senators, but to consult provinces where there are vacancies in the Senate on who might be appointed then by the prime minister. The prime minister will still appoint senators at the end of the day.

It is passing strange to hear the House leader speak of delay. Bill C-43 was first tabled in the House four months ago, and it is only today coming forward for debate. There were many other opportunities to bring it forward. I do not think it should be a purpose of the government to complain about delay. The government had control of it and it has only now brought it forward for debate.

Also, Bill C-16, the fixed election dates, as I mentioned in my intervention, has been stopped in its tracks for want of a minor amendment from the Senate. If the government members had the respect for the Senate, as they suggest, then they would think carefully about the role of the chamber of second sober thoughts. It has thoughtfully looked at the process and determined there is one failure in terms of fixed election dates. Therefore, it has suggested there be a slight amendment for that purpose. I think there must be some other reason why the government will not go along with that. It is in the discretion of the Chief Electoral Officer. That discretion by that officer of Parliament would not be exercised lightly and not in the way the government House leader suggests.

Those on this side of the House have a great deal of respect for the purpose and the work of the Senate.

One example of the value to Canadians of that extraordinary group of people, and they are for the main part, is former Senator Kirby and his health committee. Over a period of years, I think they did the finest work on the ideas to reform and protect the health services of our country. With due respect to all the other commissions across the country and internationally that have looked at it, Senator Kirby's report on health care reform really hit the bell and resonated with Canadians. In fact, very similar conclusions that Senator Kirby's health committee report came to were concurred in by the Supreme Court of Canada in the Chaoulli case. It made many of the same observations about the health of our health care services and what needed to be done to protect them and the rights of citizens under those.

As well, last year Senator Kirby's committee published its mental health report, recommending a national mental health commission. It was done in a way that was thoughtful and sensitive of individuals whose lives were touched, through a family member or friend, by the horrible situation of mental illness.

Those are just examples of how valuable the other place can be to the rights and privileges and services of Canadians.

Let me talk a bit about consultation. We have heard a lot from the government House leader about the government wanting to consult Canadians and it is Canadians who should be consulted, in the words of this bill, for the appointments still of senators.

It is passing strange that Bill S-4, which has been mentioned, Bill C-16, Bill C-43, which we are discussing today, and the Federal Accountability Act, which deals with issues of democratic accountability, have been brought forward by the government before it even put forward its consultation plan.

We know with respect to Bill C-43 that Ontario, Quebec were not consulted about it. Nor were the other provinces or territories. The Governments of Ontario and Quebec have expressed their opposition to this bill as has Yukon. The consultation process was announced a couple of months ago by the Conservative government. It was going to hire a polling firm and a think tank for $900,000, which turns out to be an ideologically based organization. It has come out in favour of keeping the current electoral system in our country, denigrating the idea of proportional representation or any part of it. It was a bogus consultation across the country.

The government did not even wait for that consultation, bogus as it might be, before it brought forward its legislation. That is a strange process. We have seen criticism and problems with it since it started.

There is another irony here. Electoral reform, as another aspect of democratic reform, was put in the Speech from the Throne. The NDP put forward that amendment and it was accepted by the government of the day. In time a legislative committee was set up to look at that issue and to have real cross-country consultations conducted by members of Parliament, who have the responsibility to do that consultation, not polling companies and overpaid ideological think tanks holding a few so-called deliberative discussions behind closed doors. We must get on with that work before too long, certainly before we go ahead with rash changes to our electoral system.

Another irony is this. The Law Commission of Canada, which is an independent, statutory public body that works independently of government, came up with a report in the spring of 2004 on electoral reform in Canada. I invite government members, who would care to rise for commentary and questions, to comment on whether they have read that report. I invite anyone who rises to first comment on the wisdom of that report on two aspects; first, the indepth research that was done; and second, the indepth consultation across the country.

I have read a number of these reports from different countries. I know the respect that the Law Commission of Canada is held in throughout the Commonwealth and the common law world. The report is perhaps the finest treatment of the question of electoral reform in a modern democracy that has ever been written. I look forward to commentary from government members on that.

I guess the triple irony is that the Law Commission of Canada, as announced in the government's economic update in the fall, has had its budget cut to zero as of April 1. It is extraordinary. This is while we are paying ideological flacks $900,000 to gather some bogus public consultation on democratic reform, yet we have this respected body. I am sure some members have not even read the report.

That is another aspect of democratic responsibility. Imagine having the Law Commission of Canada Act, an act of Parliament, disrespected by the government. There are statutory responsibilities under that act to perform services for Canadians. The government, without having the courage to bring legislation to repeal the Law Commission of Canada Act, has cut its budget. It sounds kind of like the gun registry. I do not want to get too off course here, but it is an elementary question of democracy. It has had no courage to bring legislation before this House to repeal the gun registry. Rather it frustrates it. It gives endless time for people to register their guns.

They are laughing across the way. Whenever we talk about democracy and the gun legislation, let us remember earlier this week when the Canadian Police Association came to Ottawa to talk to parliamentarians. The single most important message that the president, on behalf of the police organization, had for us as parliamentarians was it used the gun registry 6,000 times a day, including the long gun registry. He said it was valuable.

Let me now turn to the specifics of Bill C-43, reform of the Senate. I will talk about Bill C-43 in a different context, in the context of Senate reform exactly. Yes, members on this side of the House are in favour of reform. Members in the official opposition are in favour of Senate reform. However, it has to be comprehensive reform and not piecemeal reform.

The trouble with piecemeal reform is this. The Senate, the traditions and the institution of that important body of Parliament, are a Rubik's cube of at least three colours. Two of those colours represent the selection process, including the term of office, and the mandate. Remember we have to think about the mandate of its relationship to the House. If they are identical with identical electoral status, then we will get gridlock. To avoid that, if the mandate is going to be exact with the same electoral legitimacy, then we had better have a dispute resolution mechanism to resolve gridlock when it occurs or the governance of the people of Canada could be frustrated.

The third colour in the Rubik's cube is distribution. Of the issues before us today, this perhaps is the most important. I look across the aisle at government members from British Columbia and Alberta. I cannot believe government members from British Columbia and Alberta could support giving greater powers, greater credibility and greater authority to the other place without a redistribution of seats to fairly treat British Columbia and Alberta, which are woefully underrepresented in the other place.

Let me quote from the preamble of Bill C-43, second clause:

WHEREAS the Government of Canada has undertaken to explore means to enable the Senate better to reflect the democratic values of Canadians and respond to the needs of Canada’s regions;

The bill tries to selectively deal with electoral matters and bring in greater credibility, therefore, power to the Senate, but leaves British Columbia and Alberta so woefully underrepresented.

Let me go back to the government House leader's point that Bill S-4, the bill introduced in the other place to deal with fixed terms for the appointment of senators, has lots of positive support. The trouble is this creates another problem that has to be dealt with on distribution. Other senators, Liberal senators and a former Progressive Conservative senator, put forward, for consideration by the same Senate committee, the idea that there be a redistribution by giving more seats to the four western provinces so the horrid imbalance and disadvantage to the west could be corrected, and without constitutional change as well. It would be an addition of extra Senate seats, but it would balance, for the first time, the rights of the people of western Canada.

This is why Bill S-4 has been held up for the last year in the Senate. It is not because of term limits. Everybody agrees there should be term limits. It is to get the distribution and that is the Rubik's cube that has to come into conformity before we can give greater mandate or greater credibility. Therefore, let us do it all at once.

I keep hearing that we cannot have constitutional change, that we cannot possibly open the Constitution to deal with something of such importance.This timidity would make the Fathers of Confederation blush if they thought they could not do anything to the institution in a constitutional way. One can only think of what would have happened if those fathers meeting in Charlottetown had the timidity of the members of the government today who say that we cannot go near the Constitution.

Let us think carefully about this but let us do it all at once, by all means, and let us do it comprehensively and do it properly.

I want to talk very briefly about other areas of electoral and democratic reform which have been raised by the House leader.

Parliamentary reform is very important. We saw with the last Liberal government a number of elements of parliamentary reform that came in, sometimes by resolution of opposition members at the time. One was the three line whip by the former Liberal government to allow for votes of conscience, free votes, two line whips for people not in cabinet and full votes of conscience. We see that regularly in this party in official opposition. We saw it regularly in the previous Parliament of the previous Liberal government. We do not see it across the aisle here. I do not recall, and I try to watch quite carefully, one vote that has been brought forward where members of the government have been, apparently, free to vote.

[Peter Van Loan, Conservative, York—Simcoe, ON]

Mr. Speaker, my friend raises two very important questions.

On the first point I will have to acknowledge that he is indeed correct in that this government has very few problems with the involvement that Céline Dion has had so far in our Senate term limits bill. Whatever her multitude of talents, I do not believe she is responsible for the obstruction that has occurred in the Senate or for the inability to persuade Liberal senators to follow the lead of their leader and get them to fast track that bill. Actually, “fast track” is a silly concept because it has been there for 325 days. Instead, I should say “actually deal with the bill”.

Thus, the member is absolutely correct. It is the Liberal leader who is responsible for that failure to get his own senators to follow his lead. It is his weakness and not the weakness of Céline Dion, who no doubt is very strong in many fields.

On the other question, which is the question of fixed date elections in Bill C-16, let us remember that this is our bill and we very much want to see it in place. If the Liberal Party was so keen on having that become law and having fixed date elections established and if the Liberals actually believed they wanted to see it in place, then they should not have amended it at the eleventh hour. It would have been law today had they not put in place an amendment at the eleventh hour.

Let us examine what that amendment was. It was an amendment that would have had the effect of saying that if a small town of 450 people in northern Ontario decided it wanted to have a referendum on a name change or if another town somewhere in Canada wanted to have a referendum on whether to build an arena, a federal election would have to cancelled.

We do not think that is a basis for cancelling a federal election. In fact, that undermines and defeats the entire purpose of Bill C-16, which is to create an element of certainty so that there cannot be that kind of manipulation of election dates and elections will occur at regular intervals.

That is why we are coming back to the House on Monday to ask the House to communicate to the Senate our wish that the central, original elements of Bill C-16 to establish genuine fixed date elections come into place. We are confident that the House will send that message to the Senate. We hope that in the Senate, if the Liberals are serious about wanting it to come into force, they will heed that message from the Commons and respect the important role of this chamber as the paramount chamber.

As long as the Senate consists of appointed senators, they should be respectful of the wishes of this chamber on important questions of principle, particularly questions of elections and democratic reform. The irony of the Senate questioning the House of Commons on its decisions on when elections should occur, on how our democracy works, is so deep that I am amazed the Liberals can stand in their places and raise questions about it.

[Stephen Owen, Liberal, Vancouver Quadra, BC]

Mr. Speaker, may I first perhaps help the government House leader out of a mistake that he made? I am sure it was unintentional. I know he would not have intentionally mentioned the leader of the official opposition by name, so he must have been referring to Céline Dion, one of the world's best performers, when he mentioned that name, and Canadians are all very proud to be citizens of the same country.

The government House leader mentioned Bill C-16, the fixed election date bill, as an example of the government's intention to further democratize government institutions of this country, but I note something strange about that. Just before the break three weeks ago, Bill C-16 came back from the Senate with a very minor procedural amendment. It was not significant at all. It was completely in line with the other provisions of that statute, which would have provided some flexibility to avoid election dates and conflicts between municipal or provincial and federal elections by having some discretion in the Chief Electoral Officer.

It was a very minor change. If the government was truly sincere in its wish to see fixed election dates moved quickly ahead, the opposition offered the option to fast track it, to get it through and have royal assent that very evening before the House of Commons broke for its recess. Strangely, that was refused. It was refused not because it was a substantial amendment, but because, one is compelled to suspect, the government did not want a fixed election date provision that would allow for a dissolution only on a non-confidence vote before the four year term came up.

If the government had agreed with that passage, it would have removed the ability the Prime Minister now has to do what he was critical of past prime ministers doing in the past, and prime ministers of both ruling parties, by the way, and that is to seek dissolution without a non-confidence situation. If the Prime Minister wanted to keep his options open for having a quick election, which he said he did not want to do, he was keeping his options open by that stall.

It is still stalled, which is extraordinary. It does not speak well of the Prime Minister's intentions and credibility when he says he wants fixed terms and he does not want prime ministers to fool around with a dissolution without a non-confidence vote, but then refuses quick passage.

Let me put this to the government House leader. Why will the government not accept this offer to fast track the bill now, get royal assent, get on with it, and check off a piece of democratic reform that many of us in the House think is long overdue and which the official opposition supports? Why will he and his government not take advantage of this opportunity to fast track that provision of democratic reform?

[Peter Van Loan, Conservative, Leader of the Government in the House of Commons and Minister for Democratic Reform]

moved that Bill C-43, An Act to provide for consultations with electors on their preferences for appointments to the Senate, be read the second time and referred to a committee.

Mr. Speaker, I am pleased to open the debate on Bill C-43, the Senate Appointment Consultations Act, which is important legislation to make Canada's democratic institutions better. It also represents another step in the positive reform of the Senate undertaken by this government.

This bill follows through on the promise made to the people of Canada in the Speech from the Throne to “explore means to ensure that the Senate better reflects both the democratic values of Canadians and the needs of Canada's regions”. More importantly, this bill strengthens the pillars of our proud Canadian democracy. Bill C-43 not only strengthens but also revitalizes and modernizes some of our traditional Canadian values. What I am talking about, of course, is what Prime Minister John George Diefenbaker called the “legacy of freedom” cherished by all Canadians.

In 1960, Prime Minister Diefenbaker's definition of Canadian values included the right to “be free to speak without fear, free to worship in my own way, free to stand for what I think right, free to oppose what I believe wrong, and free to choose those who shall govern my country”.

The right to choose who will govern our country or the right to vote is perhaps our most precious and fundamental right, something that has been in our thoughts this week as we mark the 25th anniversary of the Canadian Charter of Rights and Freedoms.

We on this side of the House are proud and honoured to be part of a Conservative parliamentary tradition of expanding rights to Canadians, including particularly the right to vote.

It was Sir Robert Borden's wartime government that first extended the right to vote to women who had close relatives in the armed forces through the Military Voters Act of 1917.

At the dawn of 1919 all women were enfranchised with the enactment of the Act to Confer Electoral Franchise Upon Women, again by Borden's Conservative government.

Likewise, in 1960 Prime Minister Diefenbaker put an end to what he rightly considered an unfair law that forced native people to choose between their right to vote and their treaty rights. Giving aboriginal people the right that was granted to them at Confederation was an ideal to which Prime Minister Diefenbaker had long been dedicated. He noted this in his memoirs:

I felt it was so unjust that they didn't have the vote.I brought it about as soon as I could after becoming prime minister.

Diefenbaker's government granted status Indians the right to vote, without having to give up their treaty rights on March 10, 1960, thus eliminating once and for all voting rights restrictions based on race or religion in Canada.

Our government is following the course charted by our predecessors in Parliament and strengthening the voice of the Canadian people in the Senate, one of our most valuable institutions. We had told Canadians that our government would be mobilizing and democratizing the Senate so that they could have a say in the appointment of their senators. It is time that all Canadians be allowed to exercise the most fundamental right in any democracy, namely the right to vote, in the selection of those who will represent them as senators.

As soon as it took office, our government undertook, as promised, a process to strengthen democracy.

The first legislation passed in this Parliament was the government Bill C-4 that created a review of party registration rules, and just before Christmas, we finally secured passage of the Federal Accountability Act. From a democratic reform perspective, the act reduced the influence of big money in election campaigns and imposed new donation limits and disclosure requirements on those who seek public office.

We have, again with the support of our colleagues in the opposition, passed legislation in the Commons to establish fixed dates for general elections, that is, every four years in October.

Just like the bill we are discussing today, Bill C-16 represents a meaningful improvement to the democratic landscape without requiring a constitutional amendment. Ironically, the Liberal Senate has blocked it from becoming law by amending it at the last minute. We will be asking the Senate to remove that inappropriate amendment so that fixed dates for elections can become law.

Bill C-31 will enhance the integrity of the electoral process. It is currently awaiting approval in the Senate and we would like to see it passed as soon as possible, so that it can be put in place for the next general election.

As we know, citizen involvement is fundamental to any democratic institution. Unfortunately, Canadians have had no involvement in the selection of their senators.

There is one exception. In 1990, Prime Minister Brian Mulroney appointed Stan Waters to the Senate after he was selected in a Senate election sponsored by the province of Alberta.

This week, the Prime Minister told us another exception is coming, with his intent to appoint Bert Brown to the Senate, also chosen by Albertans in a vote to represent them.

These are the harbingers of change and the democratization that will be made a permanent fixture in our Canadian democracy, allowing Canadians a say in who will represent them in the Senate, strengthening our Canadian democracy.

Bill C-43 moves to make this happen by immediately involving Canadians in the process.

This bill will enable the government to consult Canadians about the people who will be representing them in the Senate. It is also an important step in the evolution and modernization of a great Canadian institution.

Furthermore, this bill recognizes that citizens—not political friends or big donors—are in the best position to advise the Prime Minister about the people who should speak on their behalf in their institutions. We know that Canadians think it is time to act on this idea.

Bill C-43 will do more than enable Canadians to have their say about the representatives who will be making decisions on their behalf here in Ottawa. It also guarantees that those representatives will be accountable for the decisions they make.

Consulting the Canadian public on Senate appointments will help to boost the Senate's legitimacy in the eyes of Canadians by transforming it into a more modern, more democratic, and more accountable institution that reflects the core values of Canadians.

Senate reform has been something of a national preoccupation for more than a century now, consuming a great deal of time, energy, effort and attention, almost since Confederation in fact.

Well-meaning and reasonable proposals to improve the Senate have sadly become bound up in the broader national pursuit of omnibus constitutional reform, and those efforts to modernize the Senate came to naught.

Ultimately, of course, we know that fundamental reform of the Senate will require complex, lengthy and multilateral constitutional change. There does not exist, sadly, at present, the national consensus or will required to engage in the inevitably long and potentially contentious rounds of negotiations that would be involved.

Some people say that it would be best to do nothing. They just want to shrug their shoulders and say they cannot do what must be done. That is exactly what the Leader of the Opposition did this week. Others prefer to close their eyes and wait until some other time when all of the issues concerning the Senate can be resolved at once.

That is not what the government thinks, nor is it what Canadians think. We believe that Canadians expect more from their national institutions and their government. In fact, that is what they have told us. They know that some Senate reforms are within our grasp, and they want us to act.

There are, of course, other elements of a reformed Senate that will have to wait for another day, most notably redressing the inequalities of provincial representation. However, our step-wise approach will lay the groundwork for a strong foundation for any future change.

I am pleased to note that during the consultations of the Special Senate Committee on Senate Reform last fall, leading constitutional scholars agreed with the government's interpretation that the approach taken in Bill C-43 is legally valid without a constitutional amendment.

Speaking of that Senate special committee, I would like to use the example of another piece of legislation, Bill S-4, as clear evidence that Canadians need and deserve an upper chamber that is more democratic and more accountable to them.

Bill S-4 is legislation that proposes to limit Senate terms to eight years. Bill S-4 was introduced in the Liberal dominated Senate for consideration on May 30, 2006.

Last spring the upper chamber struck a Special Senate Committee on Senate Reform to examine the subject matter of Bill S-4. The committee held exhaustive hearings with witnesses, including the Prime Minister, ministers from several provinces and constitutional experts. In October of last year it reported its findings, which supported the government's approach.

Let me emphasize the point that the special Senate committee with its Liberal Party majority, in its report, endorsed the government's incremental approach to Senate reform. It went so far as to pronounce itself hopeful that the government would continue the momentum of reform it began with Bill S-4.

Paradoxically, however, Liberal members of the Senate brought the momentum of reform, so admired by the committee, to a screeching tortuous halt. Bill S-4 is now the subject of a second round of hearings by a Senate standing committee, a committee that is essentially duplicating the efforts of the special committee.

Despite the endorsement of the special Senate committee, Bill S-4 languishes in the upper chamber still, an astounding 325 days after its introduction.

This is all the more remarkable when one considers that the Liberal Party leader says he supports term limits for senators. He even bravely declared months ago that he would get the Liberal senators to finally deal with the bill. According to the Canadian Press, Dion's decision “Breaks an impasse in the Senate”. Despite his bold declarations, he could not get it done. More Liberal senators continue to obstruct and delay the Senate term limits bill.

A national institution that is truly accountable to the people would not engage in this political muscle flexing for almost a full year so far. An institution that is truly responsive to the people it purports to serve would not employ these recalcitrant procedural manoeuvres for the sole purpose of frustrating the government's agenda, an agenda endorsed by Canadians.

I would like to take this opportunity to once again implore members of the official opposition to urge their colleagues in the Senate to stop playing games, stop resisting constructive change, and get on with the job that Canadians expect and want them to do.

The government rejects the tactics employed by some senators and is taking action to respond to the wishes of Canadians on the subject of Senate reform.

In conclusion, Bill C-43, the Senate appointment consultations act, will strengthen and revitalize the very values that define us as Canadians, values such as democracy and accountability in government.

Indeed, it extends to Canadians the most fundamental right of all, the right to vote, by advancing the principle that Canadians should have a say in who speaks for them in the Senate.

The government believes Canadians should have that right. Bill C-43 not only allows Canadians to indicate who they would like to represent them, it ensures that the people they select are required to account for their actions. In fact, the bill proposes rigorous standards of accountability for nominees, similar to the ones Parliament has put in place for the Commons through the Federal Accountability Act's amendments to the Canada Elections Act.

Bill C-43 is a realistic and achievable Senate modernization measure. It will not have to go through official constitutional amendment procedures. This is not a bill to amend the Constitution, and there is nothing in it that requires a constitutional revision. That is the government's position.

Rather, this is an important step that is part of a gradual approach. The ultimate goal is to bring the Senate into line with the democratic values of Canadians. We need to strengthen democracy. The act to provide for consultations concerning Senate appointments lays the foundation for future changes that will transform Canada's Senate from a 19th century institution into one fit for the 21st century.

Business of the House

[Peter Van Loan, Conservative, Leader of the Government in the House of Commons and Minister for Democratic Reform]

Mr. Speaker, today we will continue with the debate on the opposition motion.

Tomorrow we will begin debate, as I said earlier, on one of the government's bills to modernize the Senate of Canada, Bill C-43. This is an act to provide for consultations with the electors on their preferences for appointments to the Senate.

In fact, yesterday the Prime Minister announced that Bert Brown would finally take his seat in the Senate after being elected twice by the people of Alberta. For those who say it cannot be done, we are getting it done. We will continue to get the job done for the other provinces, with the bill, so they too can elect senators. The Senate elections bill, along with the bill to limit terms of senators to eight years will achieve meaningful Senate reform. Meanwhile, we have talked about constitutional reform. We do not think it is necessary. It can be done without it.

However, in response to the other question raised by the opposition House leader on Bill C-16, we will be bringing it forward. We have indicated that we will bring forward a motion to ask that the amendments by the Senate be removed and to communicate that to the Senate. We will bring that motion forward on Monday. We believe we have the support in the House to have that secured so we can have fixed date elections that cannot be tampered with. That will be on the agenda for Monday, followed by Bill C-52, the budget implementation bill. BillC-43 will be the backup bill on that day. That is the Senate consultations.

Tuesday, April 24 and Thursday, April 26 shall be allotted days.

On Wednesday, we will resume debate on BillC-52, the budget implementation bill, if it has not been completed Monday. It will be followed by Bill C-40 on sales tax and Bill C-33 on income tax.

Friday, April 27, we will continue with those same finance bills.

[Ralph Goodale, Liberal, Wascana, SK]

Mr. Speaker, I wonder if the government House leader would describe for us his plan for the business of the House for the balance of this week and to the end of next week. Specifically, during that timeframe, could he indicate the fate of Bill C-16, dealing with fixed election dates? Will the minister confirm that he has no intention of recalling Bill C-16 for further action in the House during the life of this Parliament.

With respect to Bill C-30, the clean air act, when will that legislation come back to the House of Commons for further consideration? When the Prime Minister announces his new plan with respect to emission targets, will the Prime Minister be acting under the auspices of Bill C-30 or under the existing Canadian Environmental Protection Act?

[Ralph Goodale, Liberal, Wascana, SK]

Mr. Speaker, I think we can clarify right at this moment the point that seems to be troubling the government House leader with respect to Bill C-16.

Clearly I have indicated on behalf of the official opposition that we are prepared to consent to that bill being approved in final form in the House today and put on the list for royal assent this afternoon at 5:30.

My understanding was that the Bloc Québécois made the same offer earlier today. I believe I now see the deputy House leader for the NDP again nodding the same kind of consent.

Mr. Speaker, I wonder if you would ask the House if there is unanimous consent to agree to all of the final steps that are required with respect to Bill C-16 so that this bill can be put on the list for royal assent this afternoon at 5:30.

[Peter Van Loan, Conservative, Leader of the Government in the House of Commons and Minister for Democratic Reform]

Mr. Speaker, on the question of Bill C-16, it is obvious that the Liberal House leader is very concerned about having an election and wants to do anything he can to stop it. Having watched the news last night and having seen some numbers, I can understand his sentiments. That is not surprising.

However, I am also not surprised that he could not remember what the bill was about. That is because it has been out of this House for half a year while the Liberal Senate was trying to deal with it. If those members wanted it passed quickly perhaps they could have avoided making amendments to it. However, there are amendments and we have to consult about them. As well, certainly, the information about everyone having consented is very different from the information that has been provided to me by the other parties to this point.

We will continue to pursue that and we hope to move forward on democratic reform. At the same time, as we said earlier, we will invite the other parties to move forward with Bill S-4 in the Senate. If they want to see things move quickly, that would represent good democratic reform. As well, we invite them to indicate their support for Bill C-43.

However, this afternoon we will continue with the list of bills on today's Projected Order of Business.

Tomorrow we will begin debate on the budget implementation bill. When the House returns from the Easter break, it will continue with the budget implementation bill if it is not already completed tomorrow.

Also on the list of bills for that week are: Bill C-33, on income tax; Bill C-40, on the Excise Tax Act; Bill C-10, on mandatory and minimum penalties; the Senate amendment to Bill C-16, fixed dates for elections, if we can get everyone's agreement on that to move quickly; Bill C-27, on dangerous offenders; and Bill C-45, the Fisheries Act, 2007.

Thursday, April 19 shall be the first allotted day in this supply period.

The Liberal House leader continues to make comments about moving quickly today. I wish he had been over there in the Senate talking to his Senate friends for the past six months while we were waiting. Perhaps while he is busying hurrying things up he can go and talk to the senators about Bill S-4.

I have a motion that I would like to make at this time.

There have been consultations, Mr. Speaker, and I believe that you would find unanimous consent for the following motion. I move:

That, notwithstanding any standing order or usual practices of the House, the remaining debate on the motion to concur in the second report of the Standing Committee on Health be deemed to have taken place and all questions necessary to dispose of the motion be deemed put and a recorded division deemed requested and deferred to Wednesday, April 18, at the end of government orders; and notwithstanding Standing Order 33(2), government orders shall conclude today at 5:30 p.m.

[Ralph Goodale, Liberal, Wascana, SK]

Yes, fixed date elections. There is a royal assent this afternoon. I asked earlier today in the House whether or not the government would make it possible for Bill C-16 to be approved at all remaining stages in the House and put on the list for royal assent this afternoon.

Obviously the Liberal Party is prepared to agree with that. I understand the Bloc has already given consent. It only remains for the government and the NDP to consent. I see the deputy House leader for the NDP nodding his head, so it would appear that the only thing standing in the way at this moment is the government House leader.

I wonder if he could agree to move on Bill C-16, give it the necessary unanimous consent and put it on the list for royal assent this afternoon. Fixed election dates would then be a reality.

Secondly, Bill C-29, the bill dealing with the application of official languages with respect to Air Canada, has not appeared on the business list for the government yet, and I wonder when the government House leader intends to call Bill C-29.

Finally, when will the government table the exact mandate and the exact legal authority given today to some unnamed individual to investigate the trouble in the RCMP? When will we have the tabling of the mandate and the legal authority under which the government is acting?

[Ralph Goodale, Liberal, Wascana, SK]

Mr. Speaker, with respect to the business of the House, I wonder if the government House leader would be good enough to inform us of what his plans are for the rest of this week and also for the first week that the House will return after the Easter break, that is, the week beginning April 16.

Specifically, I wonder if he could provide us with information on three particular points.

First, yesterday we received back from the Senate Bill C-16, having to do with--

National Defence Act

[Claude Bachand, Bloc, Saint-Jean, QC]

Speaker, it is a pleasure for me to rise today on Bill S-3, which is before us today.

This bill is not very complicated. In December 2004 the House of Commons passed a series of measures requiring sex offenders to be listed in a registry. After this legislation passed and came into force on December 15, 2004, if memory serves, people realized that the military justice system did not have a similar provision.

I think it is important to explain for a few minutes what the difference is between civil justice and military justice. Some people will want to know whether this means that military personnel are treated differently in the military system than we are in the civil system. We have a typical example of this in the bill before us today.

When advances are made in the civil justice system, it is important for them to be incorporated into the military system as well. Some of the people watching us today may well wonder whether military system can be more permissive than the civil system. The answer is no. It is important, though, to have a military justice system and for it to be distinct from the civil system, even though it follows this system and adapts to it. The military environment is very distinctive. It has codes of honour. I have had the opportunity to attend courts martial and can assure the people watching us today that the application of the law in the military system is just as valid as in the civil system.

Everything needed for a valid justice system is there. There is a court, called a court martial. There is a judge, who listens to the case, and there are military defence attorneys and military Crown prosecutors who present the evidence. Then the judge decides. As I said, it is distinctive. It is true that it seems different because we are accustomed to seeing large provincial, federal and even municipal courts, and that is not the case at a court martial. For example, there are regular courts martial at the base in Saint-Jean. The trappings may be a little different, but when it comes to the gist of the matter, justice is done.

This bill just ensures, therefore, that Bill C-16 will apply and the military justice system will reflect the goals and objectives of that legislation.

The current Minister of National Defence, who was formerly the Conservative defence critic, stated something that was a bit different, though, back in 2005. He slightly criticized the forerunner of this bill, that is to say Bill C-16, saying that military personnel found guilty of sex offences should be taken out of the Canadian armed forces because the military is set up so that everyone can be replaced in every operation.

We must not confuse the sentence with the registry. The problem now is that the sentences are carried out. For example, someone from the Canadian Forces who was sentenced for a sexual offence before the implementation of Bill S-3 could receive a sentence, could actually be discharged from the armed forces for a serious offence, but they did not have to enter their name in a registry that already exists for civilians.

The bill before us simply opens up the possibility that, from now on, a convicted member of the military who has received a sentence, whether or not they are discharged from the armed forces, will have to register their name. As several of my colleagues have said, there will be registration offices here and there throughout Canada for people to register and the measures will be pretty strict. I think that is a good thing. In fact, I get the impression that is why Bill S-3 before us is being fast-tracked, that is, that one representative for each political party will speak to the bill and then it will be deemed to have been adopted at all stages. We must not think that the matter is extremely complicated. It is simply an adjustment.

I also said a while ago that military justice is just as valid as civil justice, but it must be recalled that it operates in a very different context.

There are some exceptions in the bill. For example, someone could be sentenced in a sensitive theatre of operations. The example is often given of the special forces, whose numbers are not known and who operate in a theatre in an unknown location. If someone is convicted of a sexual offence in a court martial, obviously the event cannot be given a lot of coverage. The chief of staff can even say that, although there are time limits in the act for registering, he will have to exceed these limits because he is in a specific theatre of operations and national security requires him not to reveal where he is. We must understand that this is an exception. We acknowledge this.

Furthermore in the bill before us there are provisions that ensure that this is not a loophole. Not only will the person convicted of a sexual offence be sentenced, but they will also have to register their name. It was said earlier: these are tools that will help the police forces carry out their investigations. The person must register their name in any case. There are even provisions for revisiting a case every 15 days and determining whether the exemption on grounds of national security is still valid. I think that this is something important in the bill.

People must not get the idea that anyone is trying to get away with something or that someone in the military who is charged with a sexual offence, and convicted, is to be exempt from the law. We do not want people to get the idea someone can get away with something, or avoid their obligations. That is not the purpose of the law, or of this provision. It is not to allow someone to evade the law. In circumstances in which military operations are underway, it is important that there be allowance for taking the theatre of operations into account, and for sentencing the guilty person when it is over. The person will have to serve a sentence, and may even be expelled from the army, but in any event will have to register. The law did not provide for that, and now it does.

We are pleased to support this bill. We believe that this is simply a matter of consistency with Bill C-16. There will no longer be any exceptions in society. Even though we have a military justice system parallel to the civilian justice system, there must still be some logic in how they apply, and previously there was not.

In fact I believe that the Senate realized this. I should say, rather, that the other house realized there was a problem. That is why it decided to send the bill to the House of Commons.

I think they have done a good job. I do not believe that we need an exhaustive study of this matter. We may have made mistakes at certain times, for example on the question of the Veterans Charter. At the time, we thought that an election was coming and that the bill had to be passed at top speed, skipping some stages. We may have made mistakes, because not only was the bill longer, but it also had more impact on veterans as a group.

This bill, however, is not particularly long, and it really does not have many consequences, apart, as I said, from updating the law to be consistent with what was done in Bill C-16.

I do not think that there will be any national outcry if we say today that we go along with Bill C-16, that we will fast-track it through the stages, as we have decided to do and as the House leaders have also decided to do.

In conclusion, I would like to reassure the public. The military justice system will now be as effective and as stringent, in dealing with sexual offenders, as the civilian justice system is. Those people will not be able to avoid their obligations. They will have to be registered in the database like everyone else.

I therefore believe that there will be unanimous agreement in this House, at least from the Bloc Québécois. I have heard my colleagues say that they support the bill. The Bloc Québécois also supports Bill S-3.

Business of the House

[Pauline Picard, Bloc, Drummond, QC]

Mr. Speaker, we would be pleased to support the Leader of the Opposition's proposal with respect to Bill C-16.