Constitution Act, 2007 (Democratic representation)

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

This bill is from the 39th Parliament, 2nd session, which ended in September 2008.

Sponsor

Peter Van Loan  Conservative

Status

Second reading (House), as of Feb. 13, 2008
(This bill did not become law.)

Summary

This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.

This enactment amends the rules in the Constitution Act, 1867 for readjusting the number of members of the House of Commons and the representation of the provinces in that House.

Similar bills

C-20 (41st Parliament, 1st session) Law Fair Representation Act
C-12 (40th Parliament, 3rd session) Democratic Representation Act
C-56 (39th Parliament, 1st session) Constitution Act, 2007 (Democratic representation)

Elsewhere

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

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-22s:

C-22 (2022) Law Canada Disability Benefit Act
C-22 (2021) An Act to amend the Criminal Code and the Controlled Drugs and Substances Act
C-22 (2016) Law An Act to establish the National Security and Intelligence Committee of Parliamentarians and to make consequential amendments to certain Acts
C-22 (2014) Law Energy Safety and Security Act
C-22 (2011) Law Eeyou Marine Region Land Claims Agreement Act
C-22 (2010) Law An Act respecting the mandatory reporting of Internet child pornography by persons who provide an Internet service

Constitution Act, 2007 (Democratic representation)Government Orders

February 13th, 2008 / 4:15 p.m.

NDP

Charlie Angus NDP Timmins—James Bay, ON

Mr. Speaker, I listened with great interest to my hon. Liberal colleague.

Yesterday, the Liberals said they would be more than willing to look at the Senate, but it is not the time. Why should we be looking at the Senate? We have other things to worry about. Today, they are saying, why have we not looked at the Senate.

The hon. member is perpetuating the myth again that the Senate actually has a function. The function he claims looks after regional interests. He does not address the fact that the Senate is there for party loyalty.

Senators have written themselves a code of ethics where they are allowed to sit on the board of directors of major corporations, including oil and gas, income trusts, telecommunications, all areas of private health concerns that are regulated by the federal government, and under their code of ethics, they can participate and influence debate where they or their families have financial interests.

The Liberal Party would hardly disapprove of that. They have allowed the system to go on for years. Why does the member not at least have the political courage to say yes, we have friends in the upper House. We had to give them those positions as payback for the years we have allowed them to run amok doing interference and influence peddling for their own private interests, but they are not there representing the--

Constitution Act, 2007 (Democratic representation)Government Orders

February 13th, 2008 / 4:20 p.m.

The Acting Speaker Andrew Scheer

Order, please. I have a copy of the bill in my hand. There is nothing in the bill that has to do with Senate representation. According to the rules, we are supposed to stick to the substance of the bill. There is enough time for a brief question and comment. The hon. member for Nanaimo—Alberni.

Constitution Act, 2007 (Democratic representation)Government Orders

February 13th, 2008 / 4:20 p.m.

Conservative

James Lunney Conservative Nanaimo—Alberni, BC

Mr. Speaker, the hon. member has put forward that somehow Ontario is being hurt by the legislation. He should do the math. He may have heard the parliamentary secretary say the average MP afterwards would have 115,000 constituents compared to 121,000 today. They currently have 106 out of 308 seats. That is roughly 34.4%. Under the new formula, they would have 35.1%. What part of that hurts the most?

Constitution Act, 2007 (Democratic representation)Government Orders

February 13th, 2008 / 4:20 p.m.

Liberal

Brian Murphy Liberal Moncton—Riverview—Dieppe, NB

Mr. Speaker, what hurts, and as I say, it is not about Ontario. It happens to be about Ontario because it is targeted by the government this time, but it could be New Brunswick next time. It could be some other province.

The point is, what is fair is fair. If we have growth in three provinces in Canada, the number of seats put in the package that those provinces should have should be fair. For these ministers, who are supposedly so powerful, to hide behind the skirt of Alberta leaders in the front row must be very embarrassing. I cannot wait to explain that during a campaign to the people in their ridings--

Constitution Act, 2007 (Democratic representation)Government Orders

February 13th, 2008 / 4:20 p.m.

The Acting Speaker Andrew Scheer

Order, please. The hon. member has run out of time for his questions and comments. There is quite a lot of noise and it is becoming increasingly difficult to hear hon. members.

I see the hon. government House leader is rising on a point of order.

The House resumed consideration of the motion that Bill C-22, An Act to amend the Constitution Act, 1867 (Democratic representation), be read the second time and referred to a committee.

The Constitution Act, 2007 (Democratic Representation)Government Orders

February 13th, 2008 / 4:20 p.m.

Liberal

Omar Alghabra Liberal Mississauga—Erindale, ON

Mr. Speaker, it gives me great pleasure to speak to Bill C-22, the bill that the House leader has just admitted to the public is unfair to Ontario.

I will begin my remarks by reading into the record excerpts of letters that my premier, Dalton McGuinty, the Premier of Ontario, had consistently written to the Prime Minister when this bill was Bill C-56. The first letter was sent on June 4, 2007 and it reads:

Dear Prime Minister:

1) I am writing to express my concern about Bill C-56, which your government introduced on May 11, 2007.

As you know, this new legislation will change the formula for readjusting seats among the provinces in the House of Commons and is intended to implement your promise made during the last election to "restore representation by population for Ontario, British Columbia and Alberta in the House of Commons while protecting the seat counts of smaller provinces.

I must express my surprise that this legislation does not honour your commitment to the people of Ontario, although does so for the people of British Columbia and Alberta - and for the seven other provinces. Under the proposed legislation, Canadians in Ontario will continue to be significantly under-represented, and we will be the only Canadians who do not enjoy one of the most basic democratic rights: fair representation by population.

I am concerned that your minister has misunderstood the consequences of this legislation for the people of Ontario. He has indicated in public on several occasions that it represents substantial progress for Canadians living in Ontario. This is simply untrue. I am attaching the seat projections anticipated under this legislation.

As you can see, despite the fact that Ontario will gain additional seats, the gap between our share of seats and our share of population will continue to grow. The federal government's legislation, which we presumed would rectify a long-standing injustice, will, in fact, make the problem worse.

This means Ontario's growing population will not be adequately represented. Ultimately, the size of Ontario's constituencies will grow even larger. For example, under Bill C-56, both Alberta and British Columbia will get a new seat in the readjustment following the 2011 Census for every increase of approximately 100,000 people. However, Ontario will get only one new seat for roughly every 200,000 people. Ontarians would become increasingly under-represented with each new readjustment following future censuses.

I do not believe that your government or minister, in all good conscience, would introduce legislation that attempts to entrench in the Constitution a formula that so clearly disenfranchises Canadians living in Ontario - and only Canadians living in Ontario. Other Canadians will see their representation keep pace with or surpass their province's population, but Canadians in Ontario will not. I cannot believe that this is what your government intends.

Another letter dated September 16, 2007 reads:

Dear Prime Minister:

I noted with interest your address to the Australian Parliament on September 11, and agree with your description of democracy as “an instinctive sense of fairness, self-restraint and compromise.

It was my concern over the lack of fairness in the treatment of Ontario voters contained in Bill C-56 that prompted my letter to you on June 4.

I call on you now, as I did then, to restore representation by population in the House of Commons, and I continue to urge you to make a simple amendment to Bill C-56 so that Canadians in Ontario receive the same treatment as those in British Columbia and Alberta. Based on current population and future projections, the people of Ontario are entitled to at least 10 more seats than anticipated in your legislation.

I note that you have prorogued Parliament and will begin a new session in October. In the spirit of starting anew, I suggest that now would be a good time to consider amending Bill C-56 prior to its reintroduction in the House of Commons to take into account Ontario’s fundamental concerns.

I have another letter dated November 22, 2007, which states:

On November 14, 2007, the federal government introduced Bill C-22, an Act to amend the Constitution Act, 1867, which will change the number of seats in the House of Commons. This bill is of great concern to me, to our government, and should be of concern to all Ontarians. I want to ensure that all Members of Parliament from Ontario understand these concerns.

If this bill passes, it will weaken democratic representation for Canadians living in Ontario by granting us fewer seats than we are entitled to in the House of Commons. In its current form, Bill C-22 undermines some of our most cherished democratic rights: representation by population, "one person, one vote," equality under the law and effective representation.

During the 2006 federal election campaign, the Conservative Party promised to "restore representation by population for Ontario, British Columbia, and Alberta in the House of Commons while protecting the seat counts of smaller provinces." Bill C-22 breaks that commitment.

I could go on reading these letters. There is also an attachment of the projections that I will be happy to table in the House of Commons so Canadians can actually see what the legislation is proposing.

The government is conducting itself in a bizarre manner. The government has falsely claimed that it will end the bickering between provinces. What has it ended up doing? I has ended up insulting Canadians, insulting the provinces and breaking its commitments to the provinces. We are not just talking about Bill C-22. We are talking about the Atlantic accord, child care, the environment and infrastructure funding. All of those things have been completely terminated.

The Prime Minister has yet to hold a first ministers meeting with the premiers. He invited them over for dinner for a couple of hours of discussion where he told them what he was going to do whether they liked it or not, but he has never held constructive consultation with the premiers.

The minister himself admitted that this bill has flaws. I agree with him, but I would have given him more credit if he had come to us with a proposal after consulting with the premiers and with Canadians. If the government had put forward an effort before proposing the bill, we would have been able to engage in a constructive debate. It then could have told Canadians that it had tried.

However, now the government is saying that it knows it is not perfect but that it is trying. It is trying at the expense of Ontarians. It is trying without consulting anyone and without even appearing to be consultative. The government is shameless. It tries to pretend that it is all for democratic reform but it is afraid of Ontarians and of Canadians. It will need to explain that to the population of Ontario and to Canadians in the next election. It will need to stand and tell Canadians that it did not consult them because it knew what was best for them, that it knew how to conduct its business and everyone must accept it without arguing.

The government does not care about the people of Ontario. It does not care about Canadians. It only cares about its own agenda. All it wants to do is make change via stealth. It does not want anyone to know what the hell it is doing.

The Constitution Act, 2007 (Democratic Representation)Government Orders

February 13th, 2008 / 4:25 p.m.

An hon. member

Hey, no four letter words. Wash your mouth out with soap, goddamn.

The Constitution Act, 2007 (Democratic Representation)Government Orders

February 13th, 2008 / 4:30 p.m.

The Acting Speaker Andrew Scheer

Order, please. There is quite a lot of noise coming from a certain side of the House. The hon. member for Mississauga--Erindale has only a minute left. If we can just let him get through that and then we can move on to questions and comments.

The Constitution Act, 2007 (Democratic Representation)Government Orders

February 13th, 2008 / 4:30 p.m.

Liberal

Omar Alghabra Liberal Mississauga—Erindale, ON

Mr. Speaker, all the government knows how to do is insult but not consult. The government forgets that it only has a minority government. It will need to face Canadians in the next election.

The Minister of the Environment must remember where his seat is. He will be facing Ontarians in the next election. Not only will he need to explain the budget, not only will he need to explain his performance as the Minister of the Environment and not only will he need to explain his record under Mike Harris, he will need to explain his support for this flawed bill.

The Conservative government is shameless. It needs to go back to the drawing board. It needs to consult with the premiers and with its counterparts and then we will be able to have a constructive discussion. As it stands, the bill is unfair not only to Ontarians but to all Canadians.

The Constitution Act, 2007 (Democratic Representation)Government Orders

February 13th, 2008 / 4:30 p.m.

Edmonton Centre Alberta

Conservative

Laurie Hawn ConservativeParliamentary Secretary to the Minister of National Defence

Mr. Speaker, apparently, members of the party opposite do not just have problems writing their own questions for committee, they have problems writing their own speeches.

I was very interested to listen to Dalton McGuinty's speech in the House. It did not sound quite like his voice, but is that the same Dalton McGuinty who denied representation by population to his own province in northern Ontario?

Will my hon. colleague vote to deprive Ontario of 10 more seats, yes or no?

The Constitution Act, 2007 (Democratic Representation)Government Orders

February 13th, 2008 / 4:30 p.m.

Liberal

Omar Alghabra Liberal Mississauga—Erindale, ON

Mr. Speaker, the member does not want to debate the bill. He wants to debate issues of provincial jurisdiction. When the Conservatives table a bill on Ontario I will be happy to debate it. Right now we are debating Bill C-22 and the member from Alberta is in no position to speak up on behalf of Ontario.

I want to hear from the ministers and members from that caucus who are from Ontario. In the next election, how will they explain to Canadians who live in Ontario why they are supporting this flawed, unfair bill?

The Constitution Act, 2007 (Democratic Representation)Government Orders

February 13th, 2008 / 4:30 p.m.

Conservative

James Lunney Conservative Nanaimo—Alberni, BC

Mr. Speaker, the member now not only purports to speak for his own constituents in Mississauga—Erindale, but he is purporting that the bill is bad for all Canadians.

Maybe the member has heard of other provinces in the country, which have been growing like Ontario, such as British Columbia and Alberta, that have been under-represented for years under the old formula, even as Ontario is currently under-represented in the House.

I want to ask the member the question I asked his colleague a few minutes earlier. The Liberals are saying that Ontario is a big loser here. I want to repeat that under the current formula, Ontario has 34.4% of the seats in the House. Under the new formula, it would have 35.1%. It seems to me that is more than it used to be. The figures go from 121,000 constituents per member of Parliament currently from Ontario to 115,000 per member. That is about 6,000 less. That would be 10 more seats for Ontario in this House.

Therefore, Ontario would have a higher percentage of seats, fewer constituents per member, more members per population and 10 new seats in the House. That is win, win, win. What part of win does the member have a hard time understanding?

The Constitution Act, 2007 (Democratic Representation)Government Orders

February 13th, 2008 / 4:35 p.m.

Liberal

Omar Alghabra Liberal Mississauga—Erindale, ON

Mr. Speaker, the hon. member does not understand why even other Canadians will not like this bill. They know that when unfairness is applied to one Canadian, even though they may not be affected by it today, tomorrow the government could introduce something that will be unfair to them. If they do not take my word, they can take the word of Premier Danny Williams. He tells Canadians that if the government can do this to him, that it can do this tomorrow to them.

I will give the hon. member some numbers. Right now, Ontario has a 38% share of the population. By 2011, it is projected to have 39.4% of the population. The 10 seats the Conservatives are talking about does not come close. It is only 50% of what is needed to address the growth in the population of Ontario.

We agree that Alberta and British Columbia should have fair representation but what is fair is fair. Ontario deserves to have its fair share and we will stand up for Ontarians as we stand up for all Canadians.

The Constitution Act, 2007 (Democratic Representation)Government Orders

February 13th, 2008 / 4:35 p.m.

Liberal

Susan Kadis Liberal Thornhill, ON

Mr. Speaker, is it not a fact that Conservative members on the other side do not make a move without polling and wasting $31 million of taxpayer money? Is it not also a fact that they are concerned that if they do give fair representation to Ontarians they will not get their highly desired, coveted majority?