Constitution Act, 2010 (Senate term limits)

An Act to amend the Constitution Act, 1867 (Senate term limits)

This bill was last introduced in the 40th Parliament, 3rd Session, which ended in March 2011.

Sponsor

Steven Fletcher  Conservative

Status

Second reading (House), as of Nov. 19, 2010
(This bill did not become law.)

Summary

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

This enactment alters the tenure of senators who are summoned after October 14, 2008.

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.

Constitution Act, 2010 (Senate term limits)Government Orders

November 17th, 2010 / 5:15 p.m.
See context

Charleswood—St. James—Assiniboia Manitoba

Conservative

Steven Fletcher ConservativeMinister of State (Democratic Reform)

Madam Speaker, we are talking about the amendment brought forward by the NDP that will essentially lead to the status quo. On one hand, the NDP has espoused the need to reform or abolish the Senate, and by this motion that it has brought forward, it is preventing any kind of reform. It is disappointing.

I see that the NDP does not necessarily appreciate the complexity that is necessary to abolish the Senate. The government is proposing a step-by-step approach that falls within the Constitution, within the powers of this chamber, and that is to suggest term limits. Term limits are something the government has done before. In the sixties, the term of a senator used to be for life. Now it is until the age of 75, and that was done by this chamber.

What the NDP is suggesting in its motion is that the Senate should be completely abolished. Some people would agree with that sentiment, but in practical terms that is not an option. What is an option is Senate term limits. What is an option is having elections for senators. What is an option is what the Conservatives are suggesting.

The NDP unfortunately has proposed again, as it often does, unrealistic solutions. We have some challenges in the Senate, we all agree. What the Conservative Party is proposing are steps that we can take to enhance the Senate so it better reflects the values that we have as Canadians in the 21st century. A non-renewable term limit is one of those items. Having senators selected directly by the population of the province that they are to represent is another. These are steps that are within the Constitution and that we are pursuing.

In fact, I would like to make the point that our Prime Minister was the first prime minister in the history of Canada to say that he will select whomever the people of a province elect during a direct election process. That is a core Conservative value. That brings accountability.

The eight-year term limit, as proposed, would allow for a certain refreshment of the Senate over time. A lot of people feel that 45 years, which is now possible, is too long to serve in the Senate without any kind of accountability mechanism, so that is why we have selected a term limit. We have suggested eight years. Perhaps other parties have other suggestions. Let us have that discussion.

This is why I hope that other parties will allow this motion, as originally presented, to proceed and defeat the NDP amendment. The Liberal member from Nova Scotia, to his credit, just spoke a few minutes ago and said that he would stand up and defeat this NDP amendment and allow for Bill C-10 to proceed to second reading, to allow people to give their points of view on the legislation.

That is the correct thing to do. Allow the bill to go to second reading. Allow for feedback. That is why we have a democratic process, and for the NDP or other parties to just say, forget it, let us not try anything, let us just go for elimination, which actually really means, let us stick with the status quo, is not being intellectually honest.

I hope other parties, or individual members in the House, will see that by voting to allow Bill C-10 to go to second reading would allow for a clearer and more constructive debate about the length of time a senator should stay in the Senate. Bill C-10 would do that. It is within the power of Parliament and we should proceed with it.

Canadians appreciate that. Canadians overwhelmingly support Senate term limits. Canadians believe the Senate needs to be enhanced in order to be in line with 21st century principles. The bill would help to do that. Is it a complete fix? No. Is it a big step in the direction of improving the Senate? Yes. A step by step approach is what we need.

I call upon all members of the House to allow the bill to go to second reading to provide an opportunity to debate some of the provisions. Maybe there are different views on the length of the term or the nature of the term, but let us have that debate. By expanding it too much, will lead to nothing, no change. We know that. Everyone in the House knows that. If we want to improve the Senate, if we want to make it more in line with Canadian values, we should, together or individually, support the bill.

We live in the best country in the world and at the best time in human history. We have an opportunity to include more people in the democratic process by electing senators. We are allowing more people to become parliamentarians by limiting the term of senators.

Why can we not move together and have this debate? I appreciate the member for Dartmouth—Cole Harbour for saying that he will stand and support the bill to go to second reading. I call on all members of the House to do the same.

Together we stand and we will make our country better through this great institution we call the Parliament of Canada.

Constitution Act, 2010 (Senate term limits)Government Orders

November 17th, 2010 / 5:25 p.m.
See context

NDP

David Christopherson NDP Hamilton Centre, ON

Madam Speaker, I appreciate the remarks of the minister and I can appreciate that this is perhaps not the best day for him. Prior to last night's Senate debacle, there were probably enough votes to have this carry cleanly so we could talk about it.

The fact is the bill would not have changed one bit the undemocratic dynamic of last evening, where the Senate, for the first time I believe in decades, stopped cold a bill that was initiated and passed by a majority vote by the elected House of Commons of Canada. How would that change if those senators—

Constitution Act, 2010 (Senate term limits)Government Orders

November 17th, 2010 / 5:25 p.m.
See context

An hon. member

I can't hear you.

Constitution Act, 2010 (Senate term limits)Government Orders

November 17th, 2010 / 5:25 p.m.
See context

NDP

David Christopherson NDP Hamilton Centre, ON

Who is the member who cannot hear me? What is his riding? I will get him. Perhaps I could get the floor, Madam Speaker, and not be interrupted by those folks, or give me time to deal with them too.

My question for the minister is very simple. Why and how does the minister of the Crown think for one minute that he can do to that bill and to the majority rights of the House with impunity and not expect that there will be some kind of retaliation? This is his retaliation.

Constitution Act, 2010 (Senate term limits)Government Orders

November 17th, 2010 / 5:25 p.m.
See context

Conservative

Steven Fletcher Conservative Charleswood—St. James—Assiniboia, MB

Madam Speaker, I hope Hansard got the member's last word and that was “retaliation”. Retaliation for what he did not say specifically, but retaliation none the less.

This is not what Canadians expect. Canadians expect that people will work together when possible to discuss these issues.

The member talked about the Senate blocking legislation. Actually the Senate has blocked legislation, our criminal justice legislation, in the past and that has been very frustrating.

What we are trying to do is improve the Senate, to make it consistent with 21st century values. The bill would do that. What the NDP has done out of spite, or anger, or viciousness or visceral cynicism is very disappointing and is not consistent with Canadian values.

Constitution Act, 2010 (Senate term limits)Government Orders

November 17th, 2010 / 5:25 p.m.
See context

NDP

The Acting Speaker NDP Denise Savoie

I regret to interrupt the hon. minister. He will have two minutes left when the debate resumes.

It being 5:30 p.m., the House will now proceed to the consideration of private member's business as listed on today's order paper.