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.

The Constitution Act, 2007 (Democratic Representation)Government Orders

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

Liberal

Omar Alghabra Liberal Mississauga—Erindale, ON

Mr. Speaker, my colleague raises an interesting point. It is impossible to avoid that point. The Conservatives know that Ontarians are not warm to their government. They know that Ontarians do not like the Conservatives. Even the Minister of the Environment remembers that.

If the government had consulted, had done the studies and had done its homework, it would have disarmed us from any opposition. We would have had very little to say if it had done its homework. However, the government, in an ad hoc manner, is trying to change the Constitution without extensive consultation on the backs of Ontarians.

The Constitution Act, 2007 (Democratic Representation)Government Orders

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

Bloc

Pierre Paquette Bloc Joliette, QC

Mr. Speaker, I have mixed feelings at the beginning of my speech on Bill C-22. On the one hand, I am extremely proud to rise and protect the representation of the Quebec nation in the House and express my total opposition to Bill C-22. On the other, though, I have a hard time understanding the Conservatives’ obsession with repeatedly returning with bills they think are democratic pseudo-reforms.

Earlier this week, we considered the Senate consultation bill. As I said, these bills are not really priorities in my view. In the case of the Senate, we should be talking instead about abolishing an institution inherited from the British monarchy and colonial times. Bill C-22, which we are considering today, is totally at odds with the House’s and Canada’s recognition of the Quebec nation. Instead of talking about this kind of thing, I would have preferred to be here debating a bill to increase the assistance for the manufacturing and forestry industries—something that our fellow citizens need much more urgently than some review of the representation in the House of Commons or an attempt to revamp an irrelevant and completely outmoded institution like the Senate.

We could have been debating the proposals brought forward by the Bloc Québécois over the last few weeks to establish a technological partnership. This program used to exist, but the Conservatives killed it. It could be a $500 million program to encourage technological innovation. There is also the $1.5 billion loan program to help companies procure new equipment, as well as the $1.5 billion investment in the employment insurance fund, especially to establish an income support program for older workers.

Last year, 50,000 jobs were lost in Quebec. Jobs were lost in manufacturing of course. Some 150,000 have been lost over the last five years, most of them since the Conservatives came to power. There is an urgent need, therefore, to debate this plan and implement it.

Instead of that, there are bills being put before us this week, as I said, proposing a pseudo-democratic reform. As I said, I am of two minds. I would have preferred to discuss a plan to improve things for the manufacturing and forestry industries. Now that we have to discuss Bill C-22, I am extremely proud to see that the Bloc Québécois members are the only ones in this House standing up for Quebec’s interests. Even the members in the other parties who come from Quebec are not taking that approach. I would not say they do not have that courage, because that is not their mission. They are here to stand up for Canada and not to stand up for the interests of the Quebec nation. It is unfortunate, however, to see that in this case they are living up to their reputation. The only ones who care truly and without compromise about standing up for the interests of the Quebec nation are the Bloc Québécois members. I believe that the debate on Bill C-22 will provide further evidence of the need for a party like ours here in this House. Its value is undeniable, since no one else here is standing up for the interests of the Quebec nation.

We may well look at Bill C-22 from every angle and every side, and argue about how the various provinces are to be represented based on the changing demographics of Canada, but one thing will remain: objectively, this bill would marginalize the Quebec nation in terms of its position in federal institutions, and in particular, in this case, in the House of Commons.

For example, with the proposal before us, we will in fact be preserving the 75 members for the Quebec nation in this House, but since the total number of members is being increased, the proportion that the members from Quebec represent will fall from 24.4% to 22.7%. Obviously, that will continue, because as we know there is an economic boom happening in western Canada that is attracting large numbers of people who are coming either from the other provinces or from outside the country. So today it is being proposed that we go a step farther, because there have been other steps taken in the past, to marginalize the Quebec nation in the House of Commons.

The House of Commons has recognized the Quebec nation. Canada and the Canadian nation have recognized that there is a nation that is called the Quebec nation.

We have to ensure that the political weight of the Quebec nation is preserved over time.

I would remind the House that in 1840 the Act of Union brought together Upper Canada and Lower Canada, even though Lower Canada had no debt at the time—as I recall—and was much more populous. Lower Canada and its representatives agreed that Upper Canada, which had a large debt that was absorbed and a smaller population, would have exactly the same number of elected members. The people’s representatives at that time believed that there were truly two founding peoples who were coming together in a union.

I recall the speech I have read in which the representatives of Lower Canada, while recognizing that the population of Lower Canada was larger, agreed, in order to create this common political landscape, that Upper Canada would have the same number of representatives as they had.

That is the spirit that should guide all the parties in this House. They must recognize that within the Canadian political landscape there are at least two nations. In fact, there are more than that because there are also our first nations and, in my view, the Acadian nation. At present, they are not asking for any representation. That is their problem. But we feel that it is necessary to ensure that the representation of the Quebec nation, regardless of the distribution formula that may be used, is not reduced and is maintained at 25%.

That is the gist of the remarks that we will be making in the next few days. We are not talking about a province. Quebec is not a province. The Quebec state and territory are the seat of a nation that must be heard in the House of Commons; that must also have a relationship of equals with the Canadian nation. That is the great problem of Canada. It is not relations between Quebec and Canada that are the problem. It is not Quebec that causes problems in Canada as a whole. The problem is that Canada was founded on the illusion that it was made up of 10 provinces that are all equal in law and all the same, which is not true.

Canada is made up of many nations within the Canadian political landscape. It is the lack of recognition of this multinational reality that has caused a crisis in Canada for at least 30 years. The proof is right here in this House. The Conservatives are strong in the west; the Liberals are strong in Ontario; the Bloc has represented the majority of Quebec for several elections—five, if memory serves—and the NDP is all over the map. But, there is currently no pan-Canadian party. There are regional parties that defend different realities.

Had we recognized the existence of different nations within the Canadian political landscape and tried to build a political structure around that, perhaps there would not be the continuing crisis, decade after decade. Now, it is too late.

There have been attempts to tinker with the system during recent years. I am thinking of the Charlottetown and the Meech Lake accords. Now, it is very clear to more and more Quebeckers that the future lies with sovereignty for Quebec; that is a 100% repatriation of our political powers. It is not enough to try to protect, as I am now doing, 25% representation in the House of Commons.

In the meantime, however, as long as we are within the Canadian political landscape, as long as we are paying taxes to the federal government, we must ensure that we are heard as a nation and that we have the necessary representation. In our view, 25% is minimal. That now represents more or less Quebec's population within Canada. Thus, Quebec would have the opportunity to have its say here.

This goes completely against the motion adopted here. In fact, I repeat, they are trying to address the question of electoral representation through the lens of 10 provinces that must have more or less equitable representation in terms of the ratio between the member and the population represented. That is not what we are talking about, nor what we should be talking about. Instead, we should be talking about ensuring that, within each of these nations, there is adequate representation to reflect the reality of all regions of Canada and Quebec.

In that sense, if certain regions of Canada ask to have greater representation because their population has grown, so be it.

We should redistribute the seats for the entire Canadian nation to reflect the current reality. Otherwise, if we increase the number of seats for western Canada or Ontario, we must ensure that the 25% Quebec representation is maintained and proportionally increase that representation. Any number of formulas are possible, but for us, this is non negotiable. As long as we are part of Canada, we must ensure that the voice of the Quebec people can be adequately heard. That means we need a minimum representation of 25% in this House.

I would remind the House that if the government, the Prime Minister and the other Canadian parties were to be consistent with the decision they made to recognize the Quebec nation, they would have no problem voting in favour of the bill introduced by my hon. colleague from Drummond, a bill that aims to ensure that Bill 101 applies to businesses in Quebec under federal jurisdiction. But no, it is beyond comprehension. Yet it is very simple and represents perhaps 8% of the labour force that, at present, is excluded from the application of Bill 101. This could give a boost to francization in Quebec, which has lost momentum in the past few years.

Today I introduced a bill to exempt Quebec from the application of the Canadian Multiculturalism Act. Its vision of integration, assimilation and the manner in which we receive immigrants is not at all shared by Quebec. Canada's approach to integration and immigrants is very Anglo-Saxon. In fact, Canada's model is exactly the same as Great Britain's. I respect that, if that is what Canada wishes to do. We are not interested in adding ethnic groups to the Québécois nation. On the contrary, we believe that every citizen who has chosen to come to Quebec has a contribution to make. This contribution must enrich the common culture and make it possible to forge a nation whose language is French and whose culture is Québécois. This culture consists of the contributions of all citizens who make up this nation, a specific history and a territory that belongs to this nation. We call this interculturalism. It is not the Anglo-Saxon model adopted by Canada. There must be respect for the fact that Quebec, within the Canadian political landscape, constitutes a nation recognized by Canada and by the House of Commons, and can adopt a different model, which will not be thwarted by this desire for multiculturalism, which has plagued Ottawa since the Trudeau era.

It is clear that Bill C-22 completely contradicts the interests of the Quebec nation and the recognition of the Quebec nation by the House of Commons, by the Canadian nation. It should be withdrawn altogether by this government, which is what the Quebec National Assembly is calling for. I will remind hon. members that on May 16, 2007, the National Assembly unanimously adopted a motion. The National Assembly is made up of federalists and sovereigntists—all people who fully recognize there is a nation. It is not like here, in Ottawa, where it is simply a symbolic gesture. The motion reads as follows:

THAT the National Assembly ask the Parliament of Canada to withdraw Bill C-56, An Act to amend the Constitution Act, 1867, introduced in the House of Commons last 11 May;

THAT the National Assembly also ask the Parliament of Canada to withdraw Bill C-43, An Act to provide for consultations with electors on their preferences for appointments to the Senate, whose primary purpose is to change the method of selection of senators without the consent of Québec.

Bill C-56, as the bill was known before the session was prorogued, is now Bill C-22, An Act to amend the Constitution Act, 1867 (Democratic representation). We discussed Bill C-43 at the beginning of the week. Now, Bill C-20 would essentially change the method of selection of senators without the consent of Quebec.

In Quebec, federalists and sovereignists alike agree that Bill C-22 and Bill C-20 are not in Quebec's best interest and undermine the House of Commons' recognition of the Quebec nation.

Consequently, I will submit to the House an amendment to Bill C-20, seconded by the member for Terrebonne—Blainville, that reads as follows:

That the motion be amended by deleting all the words after the word “That” and substituting the following:

This House decline to give second reading to Bill C-22, An Act to amend the Constitution Act, 1867 (Democratic representation), because the bill would reduce the political weight of the Quebec nation in the House of Commons in an unacceptable manner and does not provide that 25 percent of the elected members of the House of Commons must come from Quebec.

Mr. Speaker, with your permission, I will table this amendment.

In conclusion, the Minister responsible for Intergovernmental Affairs summed up what all Quebeckers think about this when he said that as long as we are part of the Canadian political landscape—and this is a federalist talking—we must ensure that the Quebec nation has, at the very least, the minimum representation it needs to make itself heard by the Canadian nation.

The Constitution Act, 2007 (Democratic Representation)Government Orders

February 13th, 2008 / 4:50 p.m.

The Acting Speaker Andrew Scheer

The amendment is in order.

Questions and comments, the hon. member for Moncton--Riverview--Dieppe.

The Constitution Act, 2007 (Democratic Representation)Government Orders

February 13th, 2008 / 4:55 p.m.

Liberal

Brian Murphy Liberal Moncton—Riverview—Dieppe, NB

Mr. Speaker, I appreciated the member's speech on Bill C-22, but I would like to ask him a few questions to clarify his position. I understand that the Government of Quebec is very concerned about this government's democratic reform agenda. This means that it does not support this bill, Bill C-20 or Bill C-19.

Just so I understand, I would like to know the Bloc's position on this. It is against this bill because it wants Quebec to be recognized as a nation.

Are there any other reasons it is opposed to this bill and to the fact that the government does not consult the provinces, including Quebec? Premier Charest said that we needed to consult before changing the Senate and the number of seats in the House of Commons.

Does the member think it is a good idea for this government, or any federal government, to consult the provinces, including Quebec, about such changes and their implementation?

The Constitution Act, 2007 (Democratic Representation)Government Orders

February 13th, 2008 / 4:55 p.m.

Bloc

Pierre Paquette Bloc Joliette, QC

Mr. Speaker, I said so during my speech on Bill C-20. The National Assembly, Mr. Pelletier, the Minister for Canadian Intergovernmental Affairs, and Mr. Charest were very clear on this: the government cannot change any mechanisms pertaining to representation, whether in the Senate or the House of Commons, without consultation or constitutional amendments. This is especially true when it comes to the Senate.

Consequently, any vote we have here, especially on Bill C-20, will cause a huge constitutional wrangle. If we open the Constitution to talk about the Senate, as I said yesterday, we will also open it to talk about other aspects that are much more important to Quebec as a nation. I mentioned some of these aspects concerning the application of Bill 101, the Canadian Multiculturalism Act and many other things.

I will close with the second issue that I feel is very important. There is a consensus in Quebec. On May 17, 2007, Benoît Pelletier, the Minister for Canadian Intergovernmental Affairs and a federalist, said this:

I appreciate that the House is based on proportional representation. But I wonder whether there might be special measures to protect Quebec, which represents the main linguistic minority in Canada, is a founding province of Canada and is losing demographic weight. Why could Quebec not be accommodated because of its status as a nation and a national minority within Canada?

While I do not agree with the idea of remaining within Canada, the federalists agree with the sovereigntists: as long as we are part of the Canadian political landscape, the nation of Quebec must have guaranteed representation so that it can make its voice heard, and the federal government and the nation of Canada must respect the tools necessary for Quebec's development.

The Constitution Act, 2007 (Democratic Representation)Government Orders

February 13th, 2008 / 4:55 p.m.

NDP

Charlie Angus NDP Timmins—James Bay, ON

Mr. Speaker, my hon. colleague and I certainly disagree about the position of the Bloc Québécois in the House of Commons.

I am interested, however, having watched what the government brought forth in terms of adding seats without a clear consultative process, in what that will mean for other regions of the country.

I was actually quite surprised by the position of the Liberal Party today, which seems to be a bit of a red book for electoral reform. They will promise every region whatever it wants in order to seem like they actually have a plan.

However, we are hearing about 20 seats in Ontario being supported by the Liberal Party ad hoc. We see the numbers in the west. Certainly there is an issue of ensuring fair representation in these regions, but how does the member think this is going to end up being reconciled with the historic compromise of maintaining 25% seats in Quebec and the fact that neither that party nor the governing party has actually addressed that in the bill?

Does the member not think that by not first having addressed the issue about how we actually look at our historic balance in the House of Commons, based on historic principles, and then starting to move in a very consultative manner to ensure that the new seats are brought in with a fair and open manner, that it is not just going to open up another constant--

The Constitution Act, 2007 (Democratic Representation)Government Orders

February 13th, 2008 / 5 p.m.

The Acting Speaker Andrew Scheer

Order. I am sorry to interrupt, but I have to allow the hon. member enough time to respond.

The hon. member for Joliette.

The Constitution Act, 2007 (Democratic Representation)Government Orders

February 13th, 2008 / 5 p.m.

Bloc

Pierre Paquette Bloc Joliette, QC

Mr. Speaker, I would like to thank my colleague for his question.

We are currently involved in a debate about fundamentals. It is all well and good that the Canadian nation has recognized the Quebec nation, but it is time to walk the walk. This debate on Bill C-22 gives us the opportunity to take concrete action by saying that even if we increase the number of seats for Ontario, Alberta and British Columbia, we will ensure that the Quebec nation retains its current level of representation, about 25%, in the House of Commons. That would be a concrete and respectful response to Canada's multinational character.

Unfortunately, I do not expect the Canadian parties to agree with that. As I mentioned, the idea of Canada is based on the illusion of 10 equal provinces that all have the same rights. One size fits all, coast to coast, a mari usque ad mare. I would like to point out that this supposed equality among the provinces in no way reflects reality. For example, Prince Edward Island has three times more members of Parliament per voter than Quebec. An exception, a reasonable accommodation, was made for Prince Edward Island, which is a province like all others within the Canadian nation, so why not make a more than reasonable accommodation for the Quebec nation?

It is easy to see what Canada is all about, and it is clear that there is no future in that system, as we used to say in my youth.

The Constitution Act, 2007 (Democratic Representation)Government Orders

February 13th, 2008 / 5 p.m.

Bloc

Yves Lessard Bloc Chambly—Borduas, QC

Mr. Speaker, first I want to congratulate my colleague from Joliette on his very germane speech, which reflected the prevailing view in Quebec very accurately as well as the original intent of the Fathers of Confederation, who wanted to create a balance. As the hon. member said, even though Lower Canada had a larger population at the time, it agreed to what was then equal representation.

This bill implies that numerical strength is a function of the population of each part of Canada, but that was not the case originally. The intent at the time was to ensure fair representation for a distinct society, which is now Quebec, because it was distinct.

I want to ask my colleague the following question. Apart from the representation of sheer numbers and the fact that the various political options are represented, is there not something else at work here that is very harmful to Quebec? For quite a few years now, two-thirds of the members from Quebec have represented the Bloc Québécois. However, some of the Quebec members are working against its interest in having fair representation. This can be seen, as the hon. member said earlier, in the motions on the recovery plan for the manufacturing and forestry industries. I would like to know what my colleague has to say about this.

The Constitution Act, 2007 (Democratic Representation)Government Orders

February 13th, 2008 / 5 p.m.

Bloc

Pierre Paquette Bloc Joliette, QC

Mr. Speaker, I want to thank the hon. member for Chambly—Borduas for his very pointed question.

We need to remember that insofar as political representation in the House of Commons is concerned, Quebec has always been disadvantaged by the rules instituted over the years by the majority of members. The last time there was a change, in 1985, the Conservatives were in power as well. It was the time of the beau risque. As a result of the change, however, 48 members have been added to the House of Commons since 1985, but not one from Quebec.

As we can see, there are procedures in place to ultimately marginalize the Quebec nation within federal institutions. The House’s and Canada’s recognition of the Quebec nation should lead the hon. members to agree to ensure that a minimum of 25% of the members come from the nation of Quebec. These members should reflect the debate that has been going on in Quebec for at least 30 years. If we go back further in time, it was already there. I am speaking of the debate between those who think that the best solution for Quebec is to repatriate 100% of the powers, in other words the sovereignists, and those who think we should content ourselves with a continually shrinking piece of the pie, that is to say unfortunately, the federalists and their counterparts in Quebec as well.

The Constitution Act, 2007 (Democratic Representation)Government Orders

February 13th, 2008 / 5:05 p.m.

NDP

Charlie Angus NDP Timmins—James Bay, ON

Mr. Speaker, I am very proud to rise today and speak to Bill C-22. I will say at the outset that this is a very flawed bill. This appears to be the week that the Conservative government has decided to deal with democratic reform.

I think it needs to be put very clearly that the government is putting a little bit of paint on a leaky old boat and trying to pass it off as the new Bluenose. The reality is that this House does need steps toward democratic reform. I think we will hear from the debate that there is a lack of consensus. There are the questions of the provinces where we are certainly dealing with a Gordian knot any time we decide to change the Constitution Act and open up the change of how we deal with democracy.

If we are going to take this step, then let us not tinker, but let us do it right. Clearly, the New Democratic Party has been pushing for a clear move toward democratic reform. In the last session that included cleaning up the corrupt way that government has been run and cleaning up election finances.

We now see that the recidivism rate by our friends in the Liberal Party, when dealing with election financing is still appalling. We will certainly need to keep leading them by the hand. Certainly, we have to clean up election financing so that the corruption and abuse of this House cannot continue. That was one key element of the act. Clearly, after tonight's fundraiser with the goaltenders and the golf players, there is some more remedial work to be done with the Liberals.

The second element of democratic reform is much more long term. It is the need to actually move toward a system of fair and open proportional representation, so that people in Canada actually feel their votes are being counted.

We know that all across Canada, with the first past the post system, many people live in an area where one party will win by a very large majority. In other areas there are people who want to vote for other parties, small parties, fringe parties, it does not matter. People often wonder why they should vote and what is the point of voting. A system of proportional representation is something we need to start addressing if we are going to move toward a 21st century democracy.

The third element of democratic reform is the need to abolish the Senate. The Conservative members have brought forward suggestions about electing senators. At the end of the day, once we try and work our way through all the various conflicting constitutional problems of getting simple reform, and when we deal with the fact that this upper chamber is defiant and in our face about its refusal to reform themselves to any degree, we know that any attempts to move toward an elected Senate will drag on for years.

Of course our colleagues across the way in the Liberal Party will certainly help the senators in dragging their feet. We know that the Senate has been a dumping ground for political patronage, cronies and hacks of the leading parties.

This has nothing to do with the fact that there are certainly some good senators and that some senators can, on a given day, do some very good work. It is not the basis of a system of government in the 21st century that we have someone who is chosen for life without any review or any real sanction to actually have to deliver.

One of the political fibs that was being floated today on why we have the Senate was brought forward by Liberal members. The Liberals said that senators were there to represent the regions. They said that senators had an important role representing regional concerns.

This is what the Vancouver Sun said on November 9, 2007, “The Senate is a symbol of political failure in Canada. It should be abolished”.

Certainly, I guess people in B.C. were not thinking very highly about senators representing the region. I will add to that what Premier Gordon Campbell of British Columbia said, “The critical thing for us in British Columbia is that there is proper representation and the Senate is not even close to being properly representative of the west”. And he thinks it should be abolished.

Premier Dalton McGuinty has been quoted many times today by the Liberal members. He is also on record on March 3, 2006, when he said, “My preference would be that we abolish the Senate.

We have former Conservative Senator Solange Chaput-Rolland who said, “The public does not trust the Senate. If you put a mic under people's nose, 85% would tell you to abolish the Senate”.

If we are going to have representation by region or representation of the rights of minorities, then let us go back to the original founding principle of the Senate. John A. Macdonald said very clearly that the reason we are having a Senate is to protect the rights of minorities.

However, he was not talking about the kind of minority rights that we see protected in the Charter of Rights and Freedoms. John A. Macdonald said there will always be more poor people than rich people, so we need a Senate; meaning that we need a Senate to follow on the old British system of peerage and one dealing with squires to ensure that the better class of people keep watch over us commoners who are elected by the common people. He said that there should be a chamber based on who one knows and a chamber that is exempt from any kind of scrutiny by the common people. That is why the original Senate was put in.

But, of course, if we took the Liberal argument at face value, that senators are actually there representing the regions, it would be predicated on a principle that they actually show up. For example, we know that they have a sitting schedule of a couple of days. They can miss 21 days without penalty.

Let us see. We had a senator who missed 71% of the sittings. B.C. Conservative Senator Pat Carney missed 65% of the sittings. Alberta Progressive Conservative Senator Elaine McCoy missed 57% of the sittings. Ontario Liberal Senator Vivienne Poy missed 53% of the sittings. How can they do this without any real penalty?

I would point out, when we in the House of Commons are trying to get the nation's business done, we have to rely on the Senate to actually get around to it.

At the end of the spring session in 2005, when the issue of the same sex marriage bill was being dealt with, which took so much time in this House and so much emotional energy, and finally got to the Senate, Senator Joyal was concerned that the debate on this bill would interrupt a free lunch that senators receive at the expense of the taxpayers. This is what he said and it is on the record:

Honourable senators, I am in a conundrum because I have spoken for more than 45 minutes. I know that food is being served in the library; I do not want to keep anyone here. There are other senators who might want to speak. Maybe I should limit the questioning; otherwise, it might go on for a long time. I trust the honourable senator will not be offended by that.

They were putting on the record that they would rather go for the free lunch at taxpayers' expense than do the business of the Canadian public.

I am not even going to get into the fact that they were just recently down at a casino in New Mexico while most average Canadians were having to hustle off to work in minus 50° temperatures, but of course our good senators found a place to have pina coladas and a little bit of suntan lotion on their backs while they were doing some very important business of the nation.

No doubt, it is such great business that they get to decide what the business is and where they are going to go. Boy, would it not be good to do important business of the nation at a casino in New Mexico just when it is minus 50°?

We do need democratic reform. We do need to move us into the 21st century. But, unfortunately, the process that is being put forward by our colleagues in the Conservative Party is not going to address the issues.

What we have seen here is an ad hoc bill that has been brought forward that is going to open all kinds of questions about how we choose and apportion seats based on region and population across this country.

Certainly, we need to increase the number of voices in the House of commons, but to do that is much more than simply bringing forward a bill with an arbitrary number of seats thrown around. We need to ensure that we have a proper process in place that actually involves, for example, consultations with the various regions. That has to be done.

The model that is put before us right now would seriously raise questions, for example, with the traditional floor of 25% being guaranteed for Quebec. That will be thrown out of whack. There is no way to address that in this bill.

Before anyone thinks that this is an issue of pitting one region against another on these seats, it is interesting to note that Premier McGuinty, Premier Charest and Premier Doer from Manitoba have all made statements and have said they recognize the need to work together for a common solution on this. That kind of willingness to talk seemed to be absent from our government when it came up with this bill in the first place.

I have heard the issue that some areas will be overrepresented. I have heard the issue that in terms of democratic reform, if we have a system by population, it has to be fair. I certainly believe that.

If we look at how seats are apportioned already in Canada, there are vast discrepancies. We have ridings with populations as small as 29,000 people, 34,000 people, and rural regions where the base has been set at 68,000 per riding. Are we suggesting that we are going to a one size fits all? We will certainly see many seats begin to disappear.

Less should be said for some urban members who think that representing a region with 29,000 or 30,000 people is probably easy. I would like to see how big that riding is before I would jump in on that argument.

For myself, I represent a region in Ontario, and Ontario seems to have been the big discussion point today. My riding is the size of Great Britain. It is cheaper for someone to fly from Ottawa to Portugal and back than it is for one of my constituents to fly from Peawanuck to my office in Timmins. That is the vast size of the regions we are representing.

Under the last seat distribution more seats were taken out of northern Ontario because of the imbalance in population between southern Ontario, which is densely urban now. We have ridings that for some members are pretty much untenable. They simply cannot get to all the communities they have to represent because there are so many fly-in communities and so many isolated communities.

The issue of democracy is based on having access to our elected representatives. We have to have a balance. We also have to recognize that in Canada, our regions were not all set out with the same amount of population, so we have to have some form of balance.

The issue of fairness to Ontario, for any of the Ontario caucus, is a serious issue. We want to ensure that the regions of Ontario that are growing and that have needs are being represented. We also accept the fact that in the west there has been incredible population growth and that needs to be reflected in the long term.

However, we also recognize that this is a serious issue in terms of how we will actually bring all the different functions together because Canada is a very complex jigsaw puzzle.

What needs to be done? We certainly need to move forward with democratic reform. I have said from the beginning on this bill that we need to be careful. Let us not pit one region against another.

My hon. friend from the Liberal Party, from the Maritimes, was giving us the Niemoller defence of why he as a maritimer was standing up for Ontario because first the Conservatives would come after Ontario, then they would come after the Maritimes. I think that is dangerous talk.

I also think it is dangerous talk to simply assume that the government can come in, arbitrarily set the number of seats, and not have to deal with the fact that the province of Quebec has traditionally had 25%. That has been an understanding since Confederation. We need to make sure that if we are to be looking at this, that it be taken into consideration.

The balance in Quebec is the same as the balance that we have had in other regions of this country, where from the beginning, areas have been told they will get a certain amount of representation.

We need to deal with the issue of more divergent voices in the House, voices from across Canada, but we need to do that in a collaborative fashion, not in terms of a government bill that comes in and says, “We are setting this. This is how it will be”, and then asks us, “Are you telling us that you will vote against the interests of Ontario? Are you telling us that you will vote against the interests of Alberta or British Columbia?”

The people in Ontario are looking to make sure that we have a democratic system that works, that is functional, and that represents the various issues.

I do not say that this is an easy situation. We have arrived at a very complex formula to maintain the checks and balances. That is why I would prefer we go back to the original issue of democratic reform, something the former NDP leader, Ed Broadbent, pushed for many years. This would bring us in line with 21st century democracies in other countries, which is the system of proportional representation, so we are not only hearing from various regions of the country, but ensuring a wider variety of voices in the House of Commons, and people feel there is a reason to vote.

We can look at the dwindling numbers year after year of voters, people who are turned off by the main political parties. They feel the House of Commons is often, on any given day of the week, a little more than a monkey house. We have to find a way to reach the 50% of voters who choose to stay home on election day. Some areas are lower, some areas are higher, but it leads to a question of a legitimacy crisis. When more and more Canadians are choosing not to participate in the voting system, we have to ask ourselves this. What we are doing wrong and how we are going to ensure those voters participate?

To throw an arbitrary number of 10 or 20 seats for Ontario or 7 or 5 for Alberta and British Columbia should not be the approach. We need to look at the long term vision of moving toward a discussion with all Canadians on getting proportional representation in place, leaving it up to the Canadian public to decide if that is what people want to do. We need to make people feel like they can reinvigorate this old institution, that they can have a voice to make a difference.

The other element of that, which is very important, is the need to deal with the Senate. We simply cannot go on year after year saying that we do not need to look at the Senate, that there will always be other things at which we need to look. The fact is the Senate is unreformable.

Our friends in the Conservative Party believe in the triple E Senate while the NDP believes in the four U's, that senators are unelected, unaccountable, unreformable and certainly unnecessary in the 21st century. Nowhere else could we see a better example of that than the Senate code of ethics.

The Senate is under pressure because of the fact that the House of Commons is reforming itself. We were looking to help reform our recalcitrant brothers and sisters in the Senate, but, they were saying that they were in the upper House and they were going to choose how to set up their own standard of ethics.

These people sit on the boards of directors of major corporations. Many of them could have financial interests and take part in discussions and decisions in terms of federal law. Under the Senate code of ethics, senators can sit in, participate in and vote on debates where they would have financial interests. They are allowed to keep secret bank accounts. They are not compelled to disclose in any way any of the financial interests that direct family members have.

The other thing, which I find an outrageous sense of entitlement, is during in camera sessions, they can be involved in influencing decisions even if they have a pecuniary interest as long as they tell the other senators. However, they will rely on their fellow cronies not to make it public. It does not have to be made public that senators have a financial interest in something on which they are speaking. They wrote this code of ethics for themselves. They need a lot of help in being dragged kicking and screaming into the 21st century.

When I was a rural school board, it had a code of ethics standard that was 10 times higher than what the Senate wrote for itself. Anybody who has ever been on a municipal council, whether in a city or a rural municipality, knows it has a code of ethics that is higher than the Senate.

Just because the upper chamber is based on a system of privilege and unaccountability, why is it allowed to write itself a code of ethics that is this egregious? Senators are in the position to make decisions that can directly affect average Canadians. At the same time, they can sit on boards of corporations. Income trusts, telecommunications corporations, oil and gas and private health concerns are all areas that are brought forward continually for legislation. Senators can participate in those debates and vote.

In conclusion, the NDP believes Bill C-22 is a flawed attempt to bring democratic reform. Let us move forward with real democratic reform. Let us create a plan to engage the Canadian public in proportional representation and do the right thing.

Let us do the right thing. Let us abolish the Senate. It is a great room. There are beautiful paintings in there. I think it would make a wonderful public basketball court, but an open committee of Canadians could come up with many uses for it. We could certainly use the tax dollars wasted by senators on their trips, their privileges and their private buses. It would help to give us more support here the House of Commons, more committees and, at the end of day, more seats.

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.

Constitution Act, 2007 (Democratic representation)Government Orders

February 13th, 2008 / 5:25 p.m.

Conservative

James Lunney Conservative Nanaimo—Alberni, BC

Mr. Speaker, I listened very carefully to my friend from the NDP, the member for Timmins—James Bay. He added some very interesting points to the discussion, although he was all over the map on a range of other issues, which were interesting but maybe not relevant to the debate.

Since we are debating a bill to amend the Constitution Act that goes back to 1867, he quite correctly pointed out that many small ridings with a small number of people are being represented by one member, perhaps in Yukon or in Northwest Territories, 30,000. Maybe there are 30,000 in Prince Edward Island. It is very different.

We have had to juggle between areas that are vastly distributed with small populations, in an attempt to bring balance over the years. For some of the members who have entered the debate tonight and who have ignored what has happened historically, it has never been exclusively representation by population. We have always had to balance the disparities and regions by population.

There have been three guiding principles: first, no province would have less MPs than senators, and our friends from Prince Edward Island like to remind us they were good negotiators; second, no area would lose seats; and third, representation by population should be attempted.

The bill attempts to do exactly that. No region would lose seats. It is consistent with the history of conciliation, recognizing other areas that have needs. It will provide a representation for those provinces that have vastly outgrown other areas because of the tremendous growth in recent history.

Provinces like Ontario, which would receive more MPs, have a better ratio of representation by population and it will have a higher representation in the House than it has now.

Would the member not recognize that the bill, as put forward, is very consistent with the way members throughout history have tried to balance and juggle these things and therefore change his position and support the bill?

Constitution Act, 2007 (Democratic representation)Government Orders

February 13th, 2008 / 5:25 p.m.

NDP

Charlie Angus NDP Timmins—James Bay, ON

Mr. Speaker, we have always supported the need for a balancing act. We are concerned that this is not the way to go about it. We need to have at least a public committee. We need to deal with the provinces. We need to ensure actual fairness. What we have been given are three arbitrary numbers put together by the government.

It does not address concerns that have been raised in Ontario, and those are legitimate. Going around and attacking the Premier of Ontario, which the government has done, is not a respectful way to engage in consultation.

Mr. McGuinty has put forth the position that he is very concerned about how this will impact Ontario. We know Premier Jean Charest in Quebec has raised concerns about how this will be addressed. The government has not looked at the fundamental issue of the seats in Quebec either. However, Premier Gary Doer of Manitoba, Premier McGuinty and Premier Charest have all spoken about the fact that even though they have various views and issues in how they want to have representation, they are of the mind of working together on this.

We need to go forward with that spirit. Unfortunately, and I do not fault the government for trying, at the end of the day the bill is a half measure. It has not dealt with the need for consultation. Since we are going to be dealing with many contentious issues, let us start addressing the need for real democratic reform in the House.