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 / 1 p.m.

Bloc

Roger Pomerleau Bloc Drummond, QC

Mr. Speaker, I was pleased to hear the member for Berthier—Maskinongé, who gave us a comprehensive reminder of the number of times the Quebec National Assembly has adopted unanimous positions.

I remind the House that a unanimous position at the Quebec National Assembly is the position of the four political parties represented there, which represent both federalists and sovereignists, and these four parties represent all of Quebec. That is what a unanimous position of the Quebec National Assembly means.

The Quebec National Assembly has taken unanimous positions a number of times for or against bills. I will mention some examples that were brought up by my colleague. It took a unanimous position against Bill C-12, which would reduce Quebec's political weight; a unanimous position against the creation of a single securities commission—this came up during question period today—; a unanimous position calling on the government to hand over the $2.2 billion we are owed for harmonizing the GST, which the government refuses to pay. Federalists and sovereignists alike have called for that. We often hear that sovereignists talk about how they never get anything, but federalists are not getting what they are asking for either. The National Assembly also took a unanimous position against Senate reform without consultation with the provinces.

Every time they took a unanimous position, all of the federalist members from Quebec, whether they are Conservative or Liberal, good little Quebec members, elected by Quebeckers and paid by Quebeckers to defend the interests of Quebec in Ottawa, always took Canada's side over Quebec's.

Does my colleague, who is well aware of this, not think that this explains why the Bloc Québécois has been winning elections, the majority of the votes in the House, since 1993?

Constitution Act, 2010 (Senate Term Limits)Government Orders

April 30th, 2010 / 1:05 p.m.

Bloc

Guy André Bloc Berthier—Maskinongé, QC

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

The real question is why these Conservative and Liberal members from Quebec act this way.

I will try to explain. They are in the minority in these political parties, so they take a certain attitude in order to rise through the party ranks and achieve greater prominence or even become ministers in some cases. We can see this in the Conservative Party with the member for Beauce, who is travelling across Canada denigrating Quebeckers to try to get more votes and please Canadians.

This is how these Quebeckers, who are in a minority situation in these federal parties, choose to take their place within these parties and get more respect from their colleagues from the other provinces. They become what we call token Quebeckers. It is the only way they can survive in these federalist parties.

What makes the Bloc Québécois strong is that we are all members from Quebec. We can take a stand in favour of Quebeckers, defend unanimous positions of the National Assembly and defend Quebeckers' identity, values and language.

Constitution Act, 2010 (Senate Term Limits)Government Orders

April 30th, 2010 / 1:05 p.m.

Royal Galipeau

Especially demagogy.

Constitution Act, 2010 (Senate Term Limits)Government Orders

April 30th, 2010 / 1:05 p.m.

Charleswood—St. James—Assiniboia Manitoba

Conservative

Steven Fletcher ConservativeMinister of State (Democratic Reform)

Mr. Speaker, I listened to the member's comments. We live in the greatest country in the world. Quebec is an important part of this great country. Bill C-10 is trying to make our democratic institutions better. The fact that the member and the rest of us are here in the House of Commons demonstrates what a great democracy Canada is.

Parliament includes the Senate. Bill C-10 would allow for eight-year, non-renewable terms. This would strengthen the representation of Quebec in Parliament by allowing fresh and new ideas from Quebec to come into Parliament. We have the senatorial selection act. If Quebec chose, it could implement this, and the people of Quebec could decide who comes and sits in the Senate.

Let us be honest. The real reason the member does not want us to improve Quebec representation in the House is that the member's party does not want Quebec to have any senators in Parliament and zero members in the House of Commons. The reason for that party is not to increase or improve representation of Quebec in Parliament. It is to ensure that Quebec has no representation in Parliament.

That is not good for the people of Quebec and it is not good for the people of Canada. That is why we work together in this democratic institution to move forward in the interests of Quebecers and all Canadians. Will the member just admit that we live in the greatest country in the world at the best time in human history to be alive? Will the member just acknowledge that Canada is the best country in the world, with Quebec?

Constitution Act, 2010 (Senate Term Limits)Government Orders

April 30th, 2010 / 1:05 p.m.

Bloc

Guy André Bloc Berthier—Maskinongé, QC

Mr. Speaker, I would like to tell my colleague something. He wrote an article in Le Devoir this week on euthanasia. I took the time to read the article, and I congratulate him on the ideas he put forward. He has added to the debate on this issue, and I have heard good comments from some of my colleagues.

Never mind whether or not we want to abolish the Senate. He talked about a democratic institution. The government did not act very democratically when it introduced Bills C-10 and C-12, because the members of Quebec's National Assembly unanimously opposed reforming the Senate without first consulting Quebec.

Before introducing the bill in the House for debate, the government should have consulted Quebec and the provinces, as Supreme Court rulings require. If this bill goes ahead, it will be challenged, which will mean legal costs for the provinces and Quebec.

What will be gained by this? Absolutely nothing.

Constitution Act, 2010 (Senate Term Limits)Government Orders

April 30th, 2010 / 1:10 p.m.

NDP

Paul Dewar NDP Ottawa Centre, ON

Mr. Speaker, one of the things my colleague talked about was consultation. It is interesting to look at the current government and its consultation on this file. I recall well that, when I was on the procedure and House affairs committee and we were dealing with democratic reform, and I know that the minister responsible will remember this, we had a motion in place to have a consultation process in this country.

Do members know what the government did? It contracted the consultation out to the Frontier Centre, for instance, a centre that claims not to believe in things like proportional representation. That report was useless. I do not see it anywhere in these bills. The government paid a lot of money, did not consult Canadians and claimed it had done its consultation. It said democratic reform was taken care off and checked it off the list.

Does the member think that consultation for the current government is simply a matter of contracting out? Or does he think it actually has it somewhere in its plans to consult Canadians when it comes to democratic reform?

Constitution Act, 2010 (Senate Term Limits)Government Orders

April 30th, 2010 / 1:10 p.m.

Bloc

Guy André Bloc Berthier—Maskinongé, QC

Mr. Speaker, I have been sitting as a member since 2004. It happens quite often that people are consulted and a report is written. That report then sits on a shelf. We spend a lot of money doing that. That is what happens in the various House committees. There is money here. We can hold committee meetings and have people testify. We can undertake large-scale consultations and research and then ignore it. It is incredible.

I agree with the member who is wondering what consultation means. We have to listen to the citizens. It goes to the very heart of the Constitution. If they had done consultations, I know that they would not have introduced Bill C-10, which will surely be contested by Quebec and other provinces anyway.

Constitution Act, 2010 (Senate Term Limits)Government Orders

April 30th, 2010 / 1:10 p.m.

Bloc

Meili Faille Bloc Vaudreuil—Soulanges, QC

Mr. Speaker, I am pleased to speak about Bill C-10, which was introduced by the Conservative government. This bill would amend the Constitution Act, 1867 by limiting Senate terms.

Earlier, I spoke about Bill C-12, which would reduce Quebec's political weight. The Bloc Québécois is in Ottawa to defend Quebec's interests, and issues related to its political weight here in Ottawa are important. We are fighting for the rights of francophones. As we will see, the people of Quebec and the National Assembly believe that Quebec should be consulted before any constitutional changes take place, especially because Bill C-10 would change the structure of the Senate and shift the political weight for strictly ideological purposes.

The minister's comments about Bloc Québécois members is another example of the Conservatives' preconceived notions. The consultations were sloppy and the introduction of this rushed legislation is not justified. Throughout history, many governments and legislatures have tried to change the Senate.

The public is beginning to seriously question the legitimacy of senators. Newspaper headlines demonstrate this every time there is a new appointment to the Senate. Senators are chosen by the Prime Minister. These are partisan appointments. Each province has a certain number of seats and many people have criticized how they are distributed. Could that chamber be much more effective? Could the measures proposed by the government improve how the Senate operates? I doubt it.

The Bloc Québécois opposes Bill C-10. We wonder about the real intentions of the Conservative government, which for the past few weeks has been introducing one bill after another that aim to change fundamental aspects of our democracy, without the provinces' consent and under false pretexts.

We believe that the Conservatives want to reform the Constitution on the sly by going over the heads of the provinces and Quebec. We have become accustomed to these ploys. Considering the number of times they have hidden obscure and discriminatory provisions in bills, no one can blame us for asking for clarification about their real objectives. Furthermore, why do they bother creating laws and regulations when they are the first to disobey laws and regulations in order to satisfy their partisan appetite?

Limiting Senate tenure is merely the beginning. In order to make any changes regarding the Senate, the Conservative government must consult Quebec and the other provinces.

The changes proposed by the Conservatives serve only to undermine Quebec and the Quebec nation. Our analysis of the concept of open federalism has been extremely disappointing for Quebeckers. There has been no concrete recognition of the Quebec nation and its attributes, and the Conservatives have missed a number of opportunities to restore the balance between the two nations, which only increases the level of scepticism among the people of Quebec.

The open federalism vaunted by the federal government has instead been restrictive for Quebec.

We simply have to look at the bills recently introduced by this government, such as Bill C-12, which reduces Quebec's political weight in the House of Commons, the various proposals for Senate reform or the fact that they have called political party financing into question.

Who is this government really targeting? In order to better understand the Bloc Québécois' position, one must analyze what the Conservative government is proposing, while keeping mind that this government is always trying to diminish Quebec's influence.

I must mention 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 Quebec, the provinces and the territories. Why did the government not think it necessary to seek consent from the key players on an issue that affects the Constitution Act, 1867?

Let us look at this together. What is the impetus to the bill and what does it offer to Quebec? Currently, a senator is appointed by the government, by the Prime Minister, and that appointment is effective until the maximum age of 75, at which point the senator must retire. A person appointed at age 30 would receive a term of over 45 years. The Conservative government is proposing to uphold the retirement age of 75 and, in addition, would impose an eight year term on senators. Despite being appointed for an eight year term, if the senator reaches age 75 during that term, he or she must retire from the Senate. There is another provision whereby no senator can request that their eight year term be renewed.

Although this seems like a good idea, what impact could an eight year term have on democratic life?

If this bill is passed in its current form, it would mean greater turnover of senators. And since senators would still be unelected, there would be an increase in partisan appointments.

It is not a stretch to think that a government could change the composition of the Senate by making partisan appointments, thereby taking control of the Senate and having every government bill passed or defeated according to the whim of that very same government.

It could change the parliamentary agenda of the House of Commons by systematically obstructing bills it did not like or that came from opposition party members.

When they are elected to power, Canada's old parties try to make changes that favour their base. They even contradict what they may have said when they were in opposition. I have an example. The Prime Minister, who questioned the Senate's partiality when he was first elected, is now introducing a bill that will boost partisan appointments. Obviously he has changed his tune, but why? In order to impose a regressive Conservative program and satisfy the Reform Party members of the Conservative Party.

When I read the wording of Bill C-10, I get a better grasp of the government's intentions and, more importantly, a better idea of how it wants to get its legislation passed.

The first paragraph in Bill C-10 provides that the Senate must evolve in accordance with the principles of democracy. That paragraph includes examples of institutions which, over time, have had their structure amended. The second paragraph seeks to explain how the Senate can better reflect the democratic values of Canadians. Finally, it is in the third paragraph that mention is made of the change to Senate terms.

What I find disturbing is that the government mentions too often that Parliament can amend the Constitution. It uses as an example what the government did in 1965, when it set the retirement age for senators.

It is in the fifth paragraph that the Conservative government confirms its intention to ignore Quebec and the other provinces to make changes to the Senate. The fifth paragraph of Bill C-10 reads, “Whereas Parliament, by virtue of section 44 of the Constitution Act, 1982, may make laws to amend the Constitution of Canada in relation to the Senate;”.

May I remind hon. members that Quebec did not sign the 1982 Constitution? I also remind them that the patriation of the Constitution was done unilaterally, without Quebec's agreement. Lastly, let us not forget that the minimum condition set by successive governments in Quebec on Senate reform has always been clear: there will be no Senate reform without first settling the issue of Quebec's status.

That is why the Bloc Québécois is opposed to Bill C-10. It is very clear that the Conservative government wants to ignore Quebec and the other provinces. Need I remind the House of the reasons why the Bloc Québécois was founded?

It was because of the record of failure in constitutional negotiations that the Bloc Québécois was established. In order to avoid discussing the Constitution with Quebec, the Conservative government claims to have the power, under section 44 of the Constitution Act, 1982, to unilaterally change the provisions dealing with the Senate.

This is yet another attempt by Ottawa to work against the interests of Quebec, and even those of the other Canadian provinces and territories.

In November 2006, the Conservative government tabled a motion recognizing the Quebec nation. Since then, no action has been taken by the government to follow up on that recognition. It looks as though the Conservative government does not want to accept that Quebec is a society that developed by itself and that applies its laws based on its specificity and its own attributes.

I invite parliamentarians to read certain documents to better understand Quebec's claims. I also invite my colleagues to be prudent and vigilant, because by changing the length of senators' terms of office through this bill, the Conservative government is opening the door to various changes to the Senate without obtaining the consent of Quebec, the provinces and the territories.

In the brief submitted by the Government of Quebec in 2007 on federal Senate bills, the Government of Quebec stated that:

...the Senate is an institution whose basic composition forms the very basis of the compromise that created the federation. The Senate is not simply a federal institution in the strictest sense. It is an integral part of the Canadian federal system. The Senate is an institution whose future is of interest to all constitutional players within the federation.

In a press release dated November 7, 2007, the former Quebec minister of Canadian Intergovernmental Affairs, Mr. Benoît Pelletier, a Liberal Quebec minister, reiterated the position of the Quebec government:

The Government of Quebec does not believe that this falls exclusively under federal jurisdiction. Given that the Senate is a crucial part of the Canadian federal compromise, it is clear to us that under the Constitution Act, 1982, ... the Senate can be neither reformed nor abolished without Quebec's consent.

The Government of Quebec is not opposed to modernizing the Senate. However, if an attempt is made to alter the basic characteristics of this institution, the only avenue is engaging in a coordinated federal-provincial constitutional process that will fully engage all constitutional players, including Quebec, the provinces and the territories.

Senate Bill S-8 proposes the appointment of senators by the Prime Minister after elections held by the provinces. This bill is called An Act respecting the selection of senators.

The government claims that it could fundamentally alter the process for appointing senators without necessarily requiring a round of constitutional negotiations.

Although this type of appointment was carried out once in 1990 and there was no challenge, does it justify not consulting Quebec and the provinces?

As I mentioned earlier, the people of Quebec are questioning the usefulness and effectiveness of the Senate in particular. There are certainly many ways to reform the Senate. In March 2010, Quebeckers were polled about the Senate. The results are very interesting and indicative of how they feel about the Senate in its current form.

In looking at the data, we can see that the majority of Quebeckers do not see a value in the Senate as it is currently configured, and 43% of Quebeckers agree with abolishing it. I should point out that only 8% of respondents believe that the Senate plays an important role and that the system for appointing senators works. Only 8%.

Let us talk about the place of francophones in the Senate. Considering the number of francophone senators, the government could consider making changes that would ensure francophones are fairly represented in the Senate. Elections could end up decreasing their representation in the Senate and could create an imbalance for francophone rights in the Senate. This is something that concerns us as well, which is why it is important not to ignore Quebec and the provinces. The bill before us does not take that into account.

If we are going to change the fundamental role of the Senate, why not abolish it altogether? The Bloc Québécois believes that any Senate reforms must be the result of constitutional negotiations.

I have many reasons for believing that the Senate should be abolished. Historically, many upper chambers have been abolished and the operations of these institutions were not affected. The main motivation for provinces to abolish their upper chamber was financial. Second chambers were extremely expensive for the provinces.

That logic should lead us to consider studying this aspect of the Senate. Is the $50 million we spend on Senate operations essential and justified? As with any major reform, abolishing the Senate also requires amendments to the Constitution.

To have a constitutional change approved, the government needs to obtain consent from seven provinces representing at least 50% of Canada's population or the unanimous consent of all the provinces.

Until proven otherwise, Canada is a confederation. Provinces have to be consulted before any amendment to the Constitution, which means that in order to pass Bill C-10, an act to amend the Constitution Act, 1867 by limiting Senate terms, the federal government would have to enter into constitutional negotiations. It is obvious from reading the bill that the Conservative government wants to ignore Quebec. It ignores francophones.

The sixth paragraph in the bill tries to legitimize the Conservative government's position that senators' terms can be amended by regulation.

In the late 1970s, the Supreme Court of Canada examined parliament's ability to unilaterally amend constitutional provisions relating to the Senate.

According to its ruling, decisions pertaining to major changes to the essential characteristics of the Senate cannot be made unilaterally. In view of the fact that senators would not be able to renew their terms, we assume that there would be even more partisan appointments and, more importantly, that this change would alter an essential characteristic of the Senate. For that reason, the Bloc Québécois is not in favour of Bill C-10.

It is sad to see that this government is governing according to a Conservative ideology that does not correspond to the values of Quebeckers. I have now been sitting in this House for six years and have seen that the Conservative government is using every means to diminish the influence of Quebec. We need not look too far to find examples. Bill C-12 will reduce Quebec's political weight.

Constitution Act, 2010 (Senate Term Limits)Government Orders

April 30th, 2010 / 1:25 p.m.

The Deputy Speaker Andrew Scheer

The member for Vaudreuil-Soulanges has five minutes left to finish her speech the next time the bill is before the House.

It being 1:30 p.m., the House will now proceed to the consideration of private members' business as listed on today's order paper.

The House resumed from April 30 consideration of the motion that Bill C-10, An Act to amend the Constitution Act, 1867 (Senate term limits), be read the second time and referred to a committee.

Constitution Act, 2010 (Senate Term Limits)Government Orders

May 25th, 2010 / 6 p.m.

Bloc

Serge Cardin Bloc Sherbrooke, QC

Mr. Speaker, allow me to first say a few words about yesterday. The House was not sitting. Some provinces were celebrating a holiday that is their own. In Quebec it was National Patriots Day. In order to justify my absence from the House, I participated in the National Patriots Day to pay tribute to our Patriots, those of yesterday—and also those of today and tomorrow—because we owe it to them to remember. We also have a duty to pursue the Patriots' democratic ideal, which is the democratic ideal of a people. It is also the right to live free and independent in one's own country, namely Quebec. It was an action-packed and sunny day, filled with festivities and events.

Let us now deal with senators. It would probably be more interesting to talk about the Ottawa Senators hockey team, but we must address the bill and debate it. Senators are also people at the service of the Canadian government. That is why the government appoints them. There is nothing democratic in this process. The government looks for individuals who can best promote its causes, regardless of their area of expertise. I could talk about two senators specifically.

My Senate division—we might as well talk about a dukedom—includes Sherbrooke and is called Wellington. The word Sherbrooke does not appear in the Senate division of Wellington. Since 1867, there have been exactly 10 senators representing the Senate division of Wellington: seven Liberals and three Conservatives over a period of 143 years. I should add that, for one reason or another, the position was vacant for at least seven years.

In Sherbrooke, there is a senator who is not the senator for Sherbrooke, or Wellington, but who is the senator for the Senate division of La Salle. I am talking about Pierre-Hugues Boisvenu. That individual has gone through hardships and we have a great deal of sympathy for him, but today he embodies a specific cause. We can definitely see why the Conservative government approached him to defend this cause, without worrying too much about details.

Ironically, the senator representing the Senate division of Wellington, or Sherbrooke, is Leo Housakos. Senator Pierre-Hugues Boisvenu, who lives in Sherbrooke, represents the Senate division of La Salle, while Mr. Housakos, who is the senator for Wellington—or Sherbrooke—does not live in that region. As we can see, this institution has no dynamic or democratic link with the population.

Since 1867, the government has been appointing senators and keeping them for as long as they want to remain in the Senate. As I was saying earlier, in 143 years, we have had only 10 senators.

I would like to come back to Leo Housakos, who is the senator for the Wellington division. I said earlier that the government approaches individuals it needs to render specific services. Senator Housakos, for example, has services he can render. People said of him that he could raise tens of thousands of dollars in just a few weeks, thanks to a highly developed network of business associates in Montreal.

He is the one who fills the coffers before an election campaign. He is a token senator who renders services for the Conservative government and who has almost nothing to do with advancing Quebec and Canadian society.

A Conservative source, who asked to remain anonymous in order to speak freely, said that Senator Housakos was very effective. The source said that you are not appointed at 40 years of age if you do not keep your promises.

The source painted a certain picture of him and things that were happening in Quebec society. We hear about construction companies and the funding of political parties. We also know that Leo Housakos has close friends in engineering consulting firms and construction businesses.

He is also president of a company, a wholly-owned subsidiary of the engineering firm BPR. That is another aspect that has been talked about.

People have also said that construction contractor Tony Accurso, who owns many companies and is involved in big business in Montreal and Laval, is an acquaintance of Leo Housakos.

We have also heard that Mr. Housakos and Mr. Soudas have been friends since childhood. These are people serving the government. More specifically, they are serving the Prime Minister directly.

Now we simply want to limit the length of term served by senators to eight years.

The Bloc Québécois is not terribly fond of the Senate. The Bloc is against the principle of Bill C-10 because for all intents and purposes, we could very well do without such an archaic institution given that senators are only there to help the government get re-elected. These individuals are, perhaps not manipulated, but at least directed to help the government win election after election and to ram bills through. Conservative senators toe the party line.

The Bloc Québécois believes that the Conservatives want to reform the Constitution by going over the heads of the provinces and Quebec. On November 22, 2006, the Conservative government moved a motion recognizing the nation of Quebec. Since then, the Conservatives have systematically attacked the nation of Quebec and have rejected every proposal to solidify the recognition of the nation of Quebec.

The changes proposed by the Conservatives serve only to undermine Quebec and to punish it for not voting Conservative. Just look at the democratic weight of Quebec, Senate reform and the fact that they have called political party financing into question.

The Canadian Constitution is a federal constitution. Accordingly, there are reasons why changes affecting the essential characteristics of the Senate cannot be made unilaterally by Parliament and must instead be part of the constitutional process involving Quebec and the provinces

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 the ruling it handed down in 1980 about Parliament's authority over the upper house, decisions pertaining to major changes affecting the Senate's essential characteristics cannot be made unilaterally.

This means that Quebec and the provinces must be consulted on all reforms that affect the powers of the Senate, the method of selecting senators, the number of senators to which a province is entitled and the residency requirement of senators.

In 2007, Quebec's former intergovernmental affairs minister, Benoît Pelletier, reiterated Quebec's traditional position when he said:

The Government of Quebec does not believe that this falls exclusively under federal jurisdiction. Given that the Senate is a crucial part of the Canadian federal compromise, it is clear to us that under the Constitution Act, 1982, and the Regional Veto Act, the Senate can be neither reformed nor abolished without Quebec's consent.

The same day, the National Assembly unanimously adopted the following motion:

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.

Quebec feels that the division of powers must be reformed before the government reforms central institutions such as the Senate. We need to remember the 1978-79 constitutional decisions by the Lévesque government.

In addition, the government of the Liberal Party of Quebec, a federalist party, took part in the Special Committee on Senate Reform in 2007. In its May 31, 2007 brief, it stated:

The Government of Quebec is not opposed to modernizing the Senate. But if the aim is to alter the essential features of that institution, the only avenue is the initiation of a coordinated federal-provincial constitutional process that fully associates the constitutional players, one of them being Quebec, in the exercise of constituent authority.

The Government of Quebec, with the unanimous support of the National Assembly, therefore requests the withdrawal of Bill C-43 [elected senators]. It also requests the suspension of proceedings on Bill S-4 [which became C-19, then C-10 on Senate term limits] so long as the federal government is planning to unilaterally transform the nature and role of the Senate.

This is a far cry from the position of Daniel Johnston Sr., who in Toronto in November 1967 called on the government to consider transforming the Senate into a true binational federal chamber.

Do I have any time left, Mr. Speaker?

Constitution Act, 2010 (Senate Term Limits)Government Orders

May 25th, 2010 / 6:10 p.m.

The Deputy Speaker Andrew Scheer

The hon. member for Sherbrooke has six minutes left to finish his speech, but it being 6:13 p.m., the House will now proceed to the consideration of private members' business as listed on today's order paper.

The House resumed from May 25 consideration of the motion that Bill C-10, An Act to amend the Constitution Act, 1867 (Senate term limits), be read the second time and referred to a committee.

Constitution Act, 2010 (Senate term limits)Government Orders

November 17th, 2010 / 3:30 p.m.

The Speaker Peter Milliken

When the bill was last before the House, the hon. member for Sherbrooke had the floor. He has six minutes to conclude his remarks.

Constitution Act, 2010 (Senate term limits)Government Orders

November 17th, 2010 / 3:30 p.m.

Bloc

Serge Cardin Bloc Sherbrooke, QC

Mr. Speaker, you are most generous to give me six minutes for my speech and ten minutes for questions. I will not let them go to waste.

On May 25, I spoke about Bill C-10, which aims to limit the term of senators appointed after October 10, 2008, to eight years. It would be retroactive for two years since it is now November 2010.

The Canadian Constitution is a federal constitution. Accordingly, there are reasons why changes affecting the essential characteristics of the Senate cannot be made unilaterally by Parliament and must instead be part of the constitutional process involving Quebec and the provinces.

The Conservatives want to strengthen the Constitution by ignoring the provinces and Quebec. In the late 1970s, the Supreme Court of Canada considered the capacity of Parliament to independently amend constitutional provisions relating to the Senate. According to the ruling it handed down, decisions pertaining to major changes affecting the Senate's essential characteristics cannot be made unilaterally.

In 2007, Quebec's National Assembly unanimously adopted the following motion:

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.

The government has to amend the Constitution to make these sorts of changes to the Senate. The Senate itself and other issues could potentially be on the table. Quebec would be prepared to discuss an even wider range of issues, but we know that that is not likely to happen any time soon.

It would be simpler to propose that the Senate be abolished. We all know that the Senate serves only the interests of the party in power, the Conservative Party. Senators are appointed, not elected. If we were forced to keep the Senate in perpetuity, I would strongly advise that the Senate be elected and that the senators have no connection with the other parties in the House of Commons.

Senators are appointed to serve the government's interests. Let us look at my riding, for example. One of the senators lives in Sherbrooke, but he is not the senator for Sherbrooke. The senator who represents Sherbrooke does not live there. So there is a problem right from the start.

In 1867, it was probably called a senate duchy. Now, it is called a senate division. Sherbrooke is in the senate division of Wellington. Léo Housakos is the senator for that senate division. The senator who lives in Sherbrooke is Pierre-Hugues Boisvenu, who represents the senate division of Lasalle.

There is no sense of belonging, aside from the basic connection the senators have with the government. I have two quick examples.

The first example concerns Mr. Housakos, a big financier who gets money for the government. The newspapers have given a fair bit of coverage to his connections in the financial community.

The second example concerns Pierre-Hugues Boisvenu from Sherbrooke. This man has suffered some devastating losses in his lifetime. He was an advocate for victims' rights and victim protection, but unfortunately, now he is an advocate for law and order and the government's “tough on crime” agenda.

We can see that this has nothing to do with real life. The senators exist only to serve the government and the party in power. To paraphrase Quebec humorist and realist Yvon Deschamps, what is the point of the Senate?

It should just be abolished.