Constitution Act, 2010 (Senate term limits)

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

This bill is from 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 has also written a full legislative summary of the bill.

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

Similar bills

S-7 (40th Parliament, 2nd session) An Act to amend the Constitution Act, 1867 (Senate term limits)
C-19 (39th Parliament, 2nd session) Constitution Act, 2007 (Senate tenure)
S-4 (39th Parliament, 1st session) An Act to amend the Constitution Act, 1867 (Senate tenure)

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-10s:

C-10 (2022) Law An Act respecting certain measures related to COVID-19
C-10 (2020) An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts
C-10 (2020) Law Appropriation Act No. 4, 2019-20
C-10 (2016) Law An Act to amend the Air Canada Public Participation Act and to provide for certain other measures
C-10 (2013) Law Tackling Contraband Tobacco Act
C-10 (2011) Law Safe Streets and Communities Act

Constitution Act, 2010 (Senate Term Limits)Government Orders

April 30th, 2010 / 12:30 p.m.

Peterborough Ontario

Conservative

Dean Del Mastro ConservativeParliamentary Secretary to the Minister of Canadian Heritage

Mr. Speaker, I listened to the member's speech and frankly, I cannot understand why the member does not get it.

Confederation in this country occurred in 1867. The Senate is still stuck there. A lot has changed but not the Senate. It is still a place where political patronage extends for life.

What possible objection can the member have to Senate term limits? I just do not understand.

I can tell the House that in my riding my constituents want more democracy in this country. They want change in the Senate. Senate change must occur. Frankly, the member knows well why it has not occurred. He knows that for years and years, and decade after decade, the Liberal Party used the Senate as nothing more than a house of political patronage.

It is time to change. It is time to get into 2010. It is time for the member to stand for his constituents. It is time to stand for accountability. It is time to stand for democracy. It is time to stand for the Senate reform bill that is before the House.

Constitution Act, 2010 (Senate Term Limits)Government Orders

April 30th, 2010 / 12:30 p.m.

Liberal

Andrew Kania Liberal Brampton West, ON

Mr. Speaker, I am sorry that the hon. parliamentary secretary obviously did not have an opportunity to listen to my speech. Rhetoric does not solve the problem. Facts and figures do.

We talk about democracy. Could the Conservatives please explain why they have not consulted the provinces? We talk about risking democracy for an eight year term because in theory the Prime Minister could appoint the entire chamber and many independent persons have indicated that it would not be constitutional. What we really need is some method to ensure the bipartisan or balanced nature of the Senate. How is talking about democracy a response to that?

I am looking for reasoned responses and logic so we can actually debate the issues rather than debating conclusions and rhetoric.

Constitution Act, 2010 (Senate Term Limits)Government Orders

April 30th, 2010 / 12:35 p.m.

NDP

Paul Dewar NDP Ottawa Centre, ON

Mr. Speaker, I listened intently to the member about the concerns he has with the bill. He itemized and went through a role call of all the government's patronage appointments to the Senate. I heartily agree with the member that it is not the right way to go, but the question is this. Is the Liberal Party's position different from that?

I do not have to tell the House about how the other place has been treated by both the old line parties. It is a place to stuff one's friends; it is a reward system.

I hear the member's critique. We will listen to independent voices and references to the Supreme Court which is fine, but that is process. I would like to know from the member, what is the Liberal Party's position on the Senate? Is it fine the way it is? I do not think Canadians are in line with that. If not this, then what?

Constitution Act, 2010 (Senate Term Limits)Government Orders

April 30th, 2010 / 12:35 p.m.

Liberal

Andrew Kania Liberal Brampton West, ON

Mr. Speaker, I indicated that the Liberal Party's position is not that the Senate is fine in its current form. The Liberal Party's position is that it must be changed in a reasonable and logical manner, working together with the provinces.

If we are going to have meaningful change, it means actually doing something substantive, which means amending the Constitution of Canada in a method that the provinces will accept.

The Liberal Party does not want to tell our provincial partners what is going to be done and then challenge them to go to the Supreme Court of Canada to seek a ruling that what the federal government has done is unconstitutional.

Constitution Act, 2010 (Senate Term Limits)Government Orders

April 30th, 2010 / 12:35 p.m.

Conservative

Dean Del Mastro Conservative Peterborough, ON

Mr. Speaker, just to be clear because I want to take the answer the member has just provided to the next step.

I gather from his comments that the member agrees that there should be Senate reform. He thinks it is a good time right now in Canada, when the primary concern of most Canadians is the economy, although judging by the questions for the last month from the Leader of the Opposition we would not know that, to open up a constitutional debate in Canada. Would that not be wonderful?

Why not just move with simple democratic reform measures for the Senate now? He has the ability. He was elected in the last general election. He has the ability to be a proponent of change, to bring democracy, and to bring the Senate into the 21st century to represent the views of his constituents.

He is saying no. Here is a can of worms. Let us open this up right now while Canadians are concerned about the economy. Nonsense. This is a good bill and the member should support it.

Constitution Act, 2010 (Senate Term Limits)Government Orders

April 30th, 2010 / 12:35 p.m.

Liberal

Andrew Kania Liberal Brampton West, ON

Mr. Speaker, the parliamentary secretary is absolutely right. This is not the time to deal with Senate reform. If it is going to take place, it has to be legal, which means constitutional, which means consulting the provinces.

The government should instead be dealing with things like Kelowna and Copenhagen. We are an embarrassment on the international stage with respect to the environment.

The government should be looking at making EI changes to help individuals. It should be looking at affordable housing, day care, the huge deficit that we have, the Nortel bankruptcy and the ignoring of pensioners, the waste that we have, and the loss of 500,000 full-time jobs. It could also look at the Aeronautics Act that I just mentioned.

You are absolutely right. Now is the time to deal with issues that matter to Canadians, which are mainly economic issues. The reason you are not dealing with these things is because you do not want people to know that the Conservatives are bad economic managers.

Constitution Act, 2010 (Senate Term Limits)Government Orders

April 30th, 2010 / 12:35 p.m.

The Deputy Speaker Andrew Scheer

I would just remind the hon. member for Brampton West to address his remarks through the chair and not directly at other members.

Questions and comments.

Constitution Act, 2010 (Senate Term Limits)Government Orders

April 30th, 2010 / 12:35 p.m.

Conservative

Dean Del Mastro Conservative Peterborough, ON

Mr. Speaker, we are economic managers who are leading the G8 in growth, economic managers who have just produced six consecutive month of economic growth, and economic managers who are creating jobs while other countries are still losing them.

Canadians see what this government is doing on the economy and they are impressed by it. I am very proud of this government's record on the economy. The Liberal Party has no record on the economy recently at all because the Leader of the Opposition has not asked a single question on it in at least a month.

Let us go back to the issue at hand. We have a bill before us for democratic reform, something that would put more power back in the hands of the people we serve. That is what we are here for. This is not just some place of process, just some place of patronage, some place that is removed from the people. We are the representatives of the people.

It is time to move the Senate forward to make it more accountable. The member mentioned senators that we have appointed recently. Those senators are committed to Senate change, committed to Canadians, committed to the initiatives that this party has undertaken to bring the Senate into the 21st century. The Senate offers great value to Canadians, of that I have no question.

We can do much better when we can bring democratic reform that each and every Canadian will appreciate. That member has that opportunity. He should support the bill.

Constitution Act, 2010 (Senate Term Limits)Government Orders

April 30th, 2010 / 12:40 p.m.

Liberal

Andrew Kania Liberal Brampton West, ON

Economic managers, Mr. Speaker. The Conservatives, under former Prime Minister Mulroney, left us with a deficit of approximately $43 billion, which the Liberal Party cleaned up when it was in office. Before the recession took place, the Conservatives gifted us with a deficit of approximately $14 billion. They took a $14 billion surplus and turned it into a $14 billion deficit.

The member talked about economic management. Recent independent information shows that the stimulus package is not working. We are going to have a $60 billion-plus deficit. Is this a gift for our children?

You talk about the loss of 500,000 jobs. Yes, some part-time jobs are being created. I do not think the people in my riding who want a full-time job are very impressed that they might, maybe if they are lucky, get a part-time job.

If you want to talk about economic management, then you should talk about day care. How are poor families supposed to work when they receive a taxable $100 per month for a child under six? Everybody knows that these people cannot afford that. For poor families--

Constitution Act, 2010 (Senate Term Limits)Government Orders

April 30th, 2010 / 12:40 p.m.

The Deputy Speaker Andrew Scheer

Order, please. The time for the answer has come to a close.

I would just remind the hon. member to address his remarks through the chair and not directly at other members.

I would remind all members that we are at second reading on a bill regarding Senate reform. The Standing Orders regarding relevance do apply. While members may wander into other areas as they make their points, we should try to keep our questions, comments, and speeches directly on the subject-matter of the bill.

There is enough time for a very brief question or comment, perhaps 30 seconds. The hon. member for Ottawa Centre.

Constitution Act, 2010 (Senate Term Limits)Government Orders

April 30th, 2010 / 12:40 p.m.

NDP

Paul Dewar NDP Ottawa Centre, ON

Mr. Speaker, I wonder if the member could speak to the fact that while this bill would put some parameters around the Senate, it is a problem in terms of how senators get there. In other words, there would still be this fundamental problem around the way senators, at the end of the day, even with this mechanism of local elections, are appointed.

Is this not really denying the fact that we need real Senate change and not just this incrementalism to get to a legitimate Senate?

Constitution Act, 2010 (Senate Term Limits)Government Orders

April 30th, 2010 / 12:40 p.m.

Liberal

Andrew Kania Liberal Brampton West, ON

Mr. Speaker, my friend is right. One of the quotes that I read said exactly that. UBC has already stated that this is not what should be taking place; it is not logical.

If we want to have true Senate reform, we need to amend the Constitution Act in consultation with our provincial partners. We should not be telling the provinces what they should be doing but rather working with them.

There are more important issues right now, such as the economic issues that I mentioned. They should take priority for the benefit of Canadians.

Constitution Act, 2010 (Senate Term Limits)Government Orders

April 30th, 2010 / 12:40 p.m.

Bloc

Guy André Bloc Berthier—Maskinongé, QC

Mr. Speaker, I rise today to oppose Bill C-10, which was introduced by the government to limit to eight years the tenure of senators who are summoned after October 14, 2008.

As a number of my Bloc colleagues have already explained, Bill C-10 does not take into consideration a unanimous motion passed by the Quebec National Assembly.

We are opposed to Bill C-10. Just as it does with Bill C-12—the side legislation to Bill C-10—which seeks to reduce the political weight of the Quebec nation in the House of Commons, the Conservative government wants to reform the Canadian Constitution without the consent of the Quebec government and its National Assembly. The Conservatives have the support of the Liberals who, unfortunately, still have not learned their lesson from the sponsorship scandal and the 1982 patriation of the Constitution. The government wants to ignore the powers of the Quebec nation and of all the provinces of Canada.

This attempt by the federal government to amend the Senate without consulting the Quebec government shows that it cares very little about the recognition, by the House of Commons, of the Quebec nation.

It is increasingly clear that this recognition was just an election strategy by the Conservative Party, which proposed the motion. Since the Conservative government recognized the existence of the Quebec nation, it has systematically targeted that nation—which it claims to have recognized—and rejected any proposal to give tangible expression to this recognition. It refuses to recognize the language of the Quebec nation, which is a francophone nation. Indeed, when the Bloc Québécois introduced legislation to this effect, the government refused to recognize the French language in all federal institutions. It recognizes Quebec as a nation, but it does not give it any right.

We see this again, here in the House, with respect to securities. The government recognized the Quebec nation, but it interferes in Quebec's jurisdictions.

Instead of giving expression to this recognition, the Conservatives, often with the support of the Liberals, propose changes that only seek to weaken Quebec and to punish it for not voting for them.

Bill C-12, which, like Bill C-10, aims to diminish Quebec's political weight, completely disrespects the Quebec nation. Now they want to call into question political party funding in order to further diminish Quebec's voice, which is expressed by the Bloc Québécois, in the House of Commons. We are the only party, as we have seen again here today, that fully defends the wishes of Quebeckers. Now the Conservatives want to reform the Senate without consulting Quebec and all the provinces.

It is as though we were from another planet. I am a Quebecker; I am from Quebec. Other members come form other provinces like Manitoba, Alberta, Ontario. We are elected in our provinces and we are here to represent our constituents. Yet the Conservatives are introducing and passing bills without consulting the provincial level, the Quebec nation.

It is unbelievable. It could almost be described as collective schizophrenia, as though we are members of this House, yet in no way accountable to the people who elected us.

We believe that any reform affecting the powers of the Senate—the method of selecting senators, the number of senators to which a province is entitled or the residency requirement of senators—can only be made in consultation with the provinces and Quebec.

We are not the only ones to think so. The Supreme Court of Canada has answered that question. In the late 1970s, the Supreme Court of Canada considered the capacity of Parliament, on its own, to amend constitutional provisions relating to the Senate. According to a ruling handed down in 1980, any decisions related to major changes affecting the essential characteristics of the Senate cannot be made unilaterally. Thus, any reform affecting the powers of the Senate can only be made in consultation with Quebec and the provinces. The Supreme Court clearly states this. But, no, the government continues to go ahead with a bill that will likely be disputed as far as the Supreme Court. Of course this will cost Quebec and all the provinces a great deal in legal fees.

It is hard to understand why the government has done this. Before making any reforms to the Senate, would it not have made more sense for the government to consult with Quebec and the provinces and work together with those on the front line and with the public? No, it is pushing ahead. Any reform affecting the Senate's powers can only be made in consultation with Quebec and the provinces.

Historically, Quebec's position on the Senate and possible Senate reform has been very clear. Since the unilateral patriation of the Constitution by the Liberals in 1982, successive Quebec governments have all agreed on one basic premise: they have made it very clear that there can be no Senate reform until Quebec's status has been settled. But what are the Conservatives and the Liberals doing? They are pushing ahead.

Why such contempt for this federal parliamentary institution? It is not just sovereignists from Quebec who share my position. Federalists share the same position on Senate reform as sovereignists in Quebec. For example, there is the former Quebec minister for Canadian intergovernmental affairs, Benoît Pelletier. He is a Liberal and every Quebecker and Canadian knows that he is a strong federalist. We all know it. He himself reiterated Quebec's position on this on November 7, 2007. To Mr. Pelletier, it is quite clear that for the Government of Quebec the Senate does not come solely under the federal government's jurisdiction and there cannot be any reform or abolition of the Senate without the consent of the Government of Quebec.

What is more, the very day he made that statement, the National Assembly unanimously adopted a motion. All the parties, the Liberal Party, the ADQ, the right, the sovereignist party, the Parti Québécois, adopted a motion. I want all hon. members from Quebec in the House to listen closely:

That the National Assembly of Québec reaffirm to the Federal Government and to the Parliament of Canada that no modification to the Canadian Senate may be carried out without the consent of the Government of Québec and the National Assembly.

Can it be any clearer? That is what was said by Quebec's democratic institution. This government, in a moment of schizophrenia, we might say, has introduced Bill C-10 in the House and unilaterally wants to reform the Senate with the help of the Liberals. What can we say? It is disappointing and distressing. It goes around and around and comes back to life. They are repeating the mistakes of the past.

The members of the Bloc Québécois will defend the following position without hesitation and without compromise: Quebec and the provinces must be consulted about any desire to reform the Senate. As our opposition leader stated in his speech, we are the Halaks of the House. We must once again block the blistering shots on Quebec by the Conservatives and the Liberals. However, as we have demonstrated, we are in great shape. This bill directly attacks the rights of the Quebec nation and its National Assembly and we cannot accept that.

Unfortunately once again, the Quebec members on the Conservative side, in particular the members for Jonquière—Alma and Mégantic—L'Érable—as good tame, token Quebeckers—support this bill. Whose interests do they represent? Certainly not those of Quebec. The unanimous motion from Quebec's National Assembly clearly states that no reform of the Senate may be carried out without the consent of Quebec. They are not defending Quebeckers' interests. They are defending the interests of the House, and have isolated themselves. It is shameful. They are defending the Conservative Party and the Liberals are defending a few of the other provinces in Canada interested in this reform, but they are not defending Quebeckers and that is shameful.

They do not respect the voters and the Quebec nation that they represent. They have voted against other bills. These Quebec members voted against French being the sole language in Quebec and having all Quebec institutions use French. They voted against that. In Quebec, people believe in the right to abortion, but these members, once again, rise and vote against the interests and values of Quebeckers. That is also what they are doing by supporting Bills C-10 and C-12.

No surprise there. Let us not forget that these are the federalists who imposed on Quebec the 1982 constitutional amendments. It is deplorable and disgraceful for this Parliament to defend this bill as it does. The federalists never learn. They do not understand Quebec. They are simply unable to stand up for Quebec and support our desire to have a Quebec nation respected for what it is, which promotes our culture and values within the global community.

As with Bill C-12, the Conservative government and the Liberals are showing how little they care about the recognition by the House of Commons of the Quebec nation, this unique francophone nation.

With bills like that, the federalist parties are clearly showing that they get along extremely well on at least one thing: they will stop at nothing to deny any significance to the recognition of the Quebec nation. To us in the Bloc Québécois, recognizing the existence of a nation is much more than a symbolic gesture or nice words spoken in the House of Commons. Nations have fundamental rights like the right to control their societies' social, economic and cultural development themselves.

However, since recognizing the existence of the Quebec nation, the Conservative government has continued to use every power and means at its disposal to try to impose bilingualism on Quebec, and refused to ensure that corporations under its jurisdiction are required to adhere to the Charter of the French Language. It will not take into account the existence of our national culture in the administration of its laws and the operation of its institutions with cultural or identity significance. It will not even consider letting Quebec have its own radio-television and telecommunications commission to make regulations based on the interests and challenges unique to Quebec.

Of course, the Conservatives and the Liberals will refuse to limit federal spending power, even though that was a promise made by the Conservative Party to buy votes in Quebec. This is shameful.

For the Conservative government, recognizing the Quebec nation does not mean anything, and its will to amend the Senate without the consent of the Quebec government is an example, among many others, of that government's disrespect for Quebeckers' wishes.

In this context, Quebeckers have a very clear view on this issue, and the government should listen to their needs. In a poll conducted in Quebec a short while ago, only 8% of the respondents believed in the Senate's role, which is quite low. According to that same poll, 22% of Quebeckers would prefer an elected Senate, but 43% would rather see that institution abolished altogether, because its annual costs to taxpayers are in excess of $50 million, and they get nothing in return.

Constitution Act, 2010 (Senate Term Limits)Government Orders

April 30th, 2010 / 12:55 p.m.

Bloc

Pierre Paquette Bloc Joliette, QC

It is social assistance for the rich.

Constitution Act, 2010 (Senate Term Limits)Government Orders

April 30th, 2010 / 12:55 p.m.

Bloc

Guy André Bloc Berthier—Maskinongé, QC

The Conservatives are saying that they respect the will of the public, but that is not true. If they did, they would not go forward with this legislation. Instead of focusing on this bill, they should reform the employment insurance program by waiving the waiting period, or by increasing the number of weeks of benefits. There are some people in my riding who are battling cancer and who get only 15 weeks of EI benefits. At the end of that period, they have to turn to social assistance. These people get poorer and must sell their belongings.

In conclusion, if the House passes this bill, as it is about to do, that will be taken as an insult to the Quebec nation. Quebec abolished its legislative assembly in 1968. A number of other provinces have abolished their Senate. Has that changed anything? I personally think that the legislative and democratic institutions of the provinces and of the Quebec nation work very well.

In any case, it does not matter whether we support the Senate or not. Before introducing this legislation and moving forward on this issue, the government should have consulted Quebec and all the provinces.