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.

Concurrence in Vote 1--SenateMain Estimates, 2014-15

June 10th, 2014 / 7:50 p.m.
See context

Conservative

Blake Richards Conservative Wild Rose, AB

Mr. Speaker, I am pleased to have this opportunity tonight to speak to the proposal by the member for Winnipeg Centre to oppose Vote No. 1—Parliament, to provide the program expenditures to the Senate in the amount of $57,532,359 in the main estimates.

My remarks, I should say off the top, should in no way be confused as a ringing endorsement of the status quo in the Senate. Our government has consistently tried to reform the Senate while always recognizing the important role the Senate plays in our parliamentary system. That recognition is in direct opposition to the views of the sponsor of this motion, whose party would like to summarily abolish the institution. That is what the motion of the member for Winnipeg Centre would effectively do by depriving the Senate of the resources it needs to function.

Our government has always believed that while the Senate plays an important role in our parliamentary system, it needs to be improved to better serve Canadians in the way it was originally conceived.

A review of our government's record since taking office in 2006 demonstrates not only our government's commitment to Senate reform but also our flexibility in accommodating different views about Senate reform.

Legislation was first introduced in the 39th Parliament in April 2006 to limit Senate tenure to a period of eight years. Bill S-4 at the time proposed to amend section 29 of the Constitution Act of 1867 to limit Senate tenure to a renewable term of eight years and to remove mandatory retirement at 75 years for new senators coming in.

Also in the 39th Parliament in 2006, our government introduced Bill C-43, the Senate appointment consultations act. That was a bill that would have provided for a national consultation process through which Canadians would be consulted on their choice of candidates for appointment to the Senate. That was obviously modelled after efforts made in my home province of Alberta, where we had undertaken any number of these consultations in the past and where we had senators who were essentially elected by the people of Alberta. It was modelled after that particular idea, the innovative approach taken by my home province of Alberta. Unfortunately, as with the term limits bill, the opposition parties refused to support these important reforms.

In the second session of the 39th Parliament in 2007, our government introduced Bill C-19, an act to amend the Constitution Act, 1867 (Senate tenure), here in the House of Commons. Bill C-19 proposed to limit Senate tenure to a period of eight years, the same as the bill we introduced in the Senate a year earlier. However, there were a couple of important modifications.

First, while Bill S-4 did not expressly forbid the possibility of renewable terms, Bill C-19 did in fact expressly provide for a non-renewable term.

Second, Bill C-19 contained the provision to permit a Senate term to be completed after an interruption. An example would be a term interrupted by a resignation. Despite these changes and our government's determined effort to bring change to an institution that had remained largely unchanged since 1867, the time of our Confederation, the opposition parties steadfastly refused to support our legislation.

Then, of course, our government was re-elected in 2008 with a mandate to reform the Senate, and we went to work on that. In the 40th parliament in 2009, our government introduced Bill S-7, an act to amend the Constitution Act, 1867 (Senate term limits). It was introduced in the Senate, and it included two key changes.

The first was the idea of eight-year term limits. That limit would apply to all senators appointed after October 14, 2008, with the eight-year terms beginning from the time that the bill received royal assent. Then, of course, the retirement age of 75 years would be maintained for all senators. Once again, even this modest but important reform was opposed by the opposition parties.

In 2010, our government introduced Bill S-8, the senatorial selection act. It was a bill to encourage the provinces and territories to implement their own democratic processes for the selection of Senate nominees. It would have democratized the Senate and provided an opportunity for the provinces and territories to implement the processes to enable that to happen. This act included a voluntary framework that set out a basis for provinces to consult with voters on appointments to the Senate going forward.

We all know what happened there: the opposition parties refused to support that reform too. Is anyone sensing any kind of pattern here?

That year our government also reintroduced the Senate term limits bill, Bill C-10. That bill died on the order paper upon the dissolution of Parliament. Can we guess why? It was due to a lack of will for reform from the opposition parties once again. They refused to support any idea of reform in the Senate.

Canadians gave another mandate to our government in the election of May 2011 to again make changes to the Senate. A month and a half later, on June 21, 2011, our government introduced Bill C-7, the Senate reform act. Members can probably imagine where this is going. Bill C-7 would have implemented a nine-year non-renewable term for senators. That goes back to the point I raised earlier about being flexible and accommodating. Some concerns had been raised about the eight years, so we went for a nine-year non-renewable term.

As well, that bill would have once again enabled a voluntary framework for the provinces to implement Senate appointment consultations. Processes were put in place for that. As with all the other times, the opposition parties still would not change their minds. They refused to support meaningful Senate reform.

Throughout all of those debates on the Senate, time and time again our commitment to reform was crystal clear, as was our recognition of the value of the Senate in our parliamentary system.

Our commitment to reform was also demonstrated by a reference to the Supreme Court of Canada on Senate reform that our government launched in an effort to clarify questions about the constitutionality of legislation that we brought forward. While we were obviously disappointed by the court's decision, it is unfortunately one that all governments will have to respect going forward.

However, the court's opinion does not in any way change our view that improvements to the Senate are needed, nor does it change our view about the value the Senate can play in our bicameral legislative system. My hope certainly remains that reform will be accomplished at some point in the future.

In the meantime, there are other ways of improving the operation of the Senate, as demonstrated by the measures that the Senate itself has initiated to improve transparency and accountability with regard to its expenses.

The Senate plays a key role in the review of legislation. My Liberal colleague across the way can debate what sober second thought means, but he was right that this idea of sober second thought is a learned opinion of second thought. That is something the Senate provides, and it has resulted in improvements to legislation in the past.

The Senate also plays an important role in its committees in the investigation of issues of importance to Canadians. Certainly, the committees, as has been mentioned already in the debate this evening, have produced comprehensive reports. They have produced many, in fact, that have proven to be of tremendous value to the debate and to learning and understanding here in Parliament and throughout Canada. The Kirby report on mental health was an example of that. There was a study done by the national finance committee in the Senate on the price gap between Canada and the U.S. Again, the national finance committee looked studied the elimination of the penny. I could go on and on, citing reports that have been helpful and that have come from the Senate.

There is no doubt that, while the Senate is one of our key institutions here in Parliament, it has been hampered in its role by the lack of accountability that we have seen. There is no question. This lack of accountability has, in turn, been created by the lack of a democratic basis to the system of appointments. Despite the best efforts of most senators and the good work that does get done, some have questioned the legitimacy of the Senate because it lacks that democratic basis.

As I said earlier, I personally do not question the work of the Senate. However, clearly the events of the past year or so have fairly resulted in some damage to its reputation. While we agree about the need for improved accountability, and there is no question that it is needed, we do not believe that the solution is to remove the Senate altogether from our parliamentary system. Rather than destroy the institution and the valuable role it does and can play, we continue to believe that it can be improved and that it can continue to function as one of our key institutions.

Clearly, the recent decision by the Supreme Court on the Senate reform reference has changed the outlook considerably on the reform front. However, improvements can still occur, and the Senate itself has been a leader in that regard over the past year. The Senate has an important role to play in making the improvements. That it has the responsibility to regulate its own affairs is the prime reason for that.

I would draw to members' attention section 33 of the Constitution Act of 1867, which says:

If any Question arises respecting the Qualification of a Senator or a Vacancy in the Senate the same shall be heard...by the Senate.

The Senate has made some progress in dealing with the issues it has faced in this area of financial accountability and transparency. Much of the progress has been the result of the investigations carried out by the Senate Standing Committee on Internal Economy, Budgets and Administration. As a result of that committee's recommendations, the Senate has adopted new administrative rules to render the reporting system more transparent and to tighten the requirements that senators must meet in filing their expense claims. Some senators have been required to reimburse the Senate for expenses that were considered to be improperly claimed.

The Senate has also asked the Auditor General to conduct an audit of Senate expenses, which will take place in the months ahead. The Senate has also acted by suspending several senators without pay or without access to Senate resources. It seems as if the Senate is taking these matters into its own hands, as it should. Our government has encouraged the Senate to address these issues, and it supports the progress that has already been made.

Since 2006, our government has made a number of attempts to reform the Senate, as I have outlined throughout my remarks here this evening, and as I have indicated, the opposition parties have continued to stand in our way every single time. We as a government continue to believe that providing a democratic basis for the Senate would be a vast improvement and that it would in turn improve accountability.

Our reform efforts, of course, culminated with the introduction of Bill C-7, the Senate reform act, in the last Parliament. Bill C-7 would have introduced non-renewable terms of nine years and provided for a voluntary framework, which provinces and territories could use as a basis to consult their populations on their preferences for Senate nominees, again, as I have indicated, much like what has been done in my home province of Alberta many times. It has produced some great senators, some senators with democratic legitimacy and accountability. The ideas in Bill C-7 were real and concrete measures to reform the Senate.

Unfortunately, our efforts to move those important reforms forward came to an end with the release of the Supreme Court's decision on the Senate reform reference. The fact that in that reference we included a question on abolition was not in any way an indication that our government favoured abolition as an instrument. Our first choice has always been the introduction of reforms that would enhance the Senate's democratic legitimacy.

The Senate certainly has an important role to play in our system. I believe that abolition would remove an important player in the parliamentary system and would leave a huge hole in the legislative process, and for no good reason. Those who know even a little about our system of government, just a bit, know that the Senate has an important role to play in our system, despite what opposition parties may have tried to claim. The Senate's role in the legislative review process is invaluable to our system. We need to continue to provide the Senate with the resources it needs to function effectively.

Of course, we expect the Senate to treat those funds with respect. There have been a number of rule changes designed to ensure that is what is happening. However, we cannot simply remove the entire allocation to the Senate. As I said, we have brought forward a number of suggestions and bills, both in the Senate and in this place, seeking to provide the reform, to create the democratic legitimacy, and to create the accountability that we believe is necessary in the Senate. As I have said, every single time, time and time again, those measures and those attempts to make the reform were blocked by the opposition parties. They would not support anything we tried to do in terms of reform. We brought forward a number of different proposals. We were willing to be flexible, we were willing to be accommodating, we tried different approaches, and we did everything we could to see that reform come to fruition, but the opposition parties refused to allow reform to happen, every single time.

As I have indicated, we understand that there have been some issues with regard to expenses and whatnot in the Senate over the last year or so. There is a need to address those issues and create better accountability. As I have said tonight, there have certainly been efforts undertaken in the Senate itself to try to accomplish those things, and we continue to encourage and support that. We know that reform is something that needs to happen some time in the future. Hopefully, we will get some recognition of that from the opposition parties at some point in time. We can keep trying and hoping, but what we cannot do is simply remove the entire allocation from the Senate and pretend it never existed, and that is what is being proposed here tonight.

I cannot support the proposal by the member for Winnipeg Centre to oppose this allocation of the resources to the Senate, which is clearly a thinly disguised attempt to abolish an institution that fills an important function in our legislative process.

March 5th, 2013 / 10:15 a.m.
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Conservative

Cathy McLeod Conservative Kamloops—Thompson—Cariboo, BC

Thank you, Chair.

I hate to do this, but I guess we always have to do a correction to the correction in terms of some general comments. I do have to note that it was, I believe, John Manley and Sheila Copps in 2003 who actually introduced that particular issue around the film tax credits. Then the Senate in Bill C-10, of course, did not choose to remove a portion that was a concern. They actually chose to block the advancement of the legislation. Again, I apologize, but I think it is important to have full and accurate information on the record in terms of some of the history, because history is always important.

I really appreciate hearing the comments about having a regular update to the legislation. I believe that everyone here agrees that regular.... I take note of your comments regarding the sunset, and I also take note of your comments regarding the comfort letters. You may or may not be aware that currently our committee—not in this particular initiative—is looking at tax evasion and the use of offshore tax havens. I know there are some significant pieces in this legislation that are actually tackling that.

I guess I would ask Mr. Chapman, of course, and perhaps Mr. Hayos to maybe flag how they're actually working well together in moving forward on that important issue.

Senate Reform ActGovernment Orders

December 8th, 2011 / 1:25 p.m.
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Liberal

Sean Casey Liberal Charlottetown, PE

Madam Speaker, the Liberal Party certainly shares some of the concerns with respect to the constitutionality of this legislation. I found it very interesting that the member laid it out as a bit of ruse in saying that the Conservatives probably expect this legislation will never see the light of day once it is put through the constitutional scrutiny that it must undergo.

It strikes me that there is a troubling pattern in terms of passing legislation through this House that is likely to be found unconstitutional. We have seen recent examples in Bill C-4 and Bill C-10 .

For the benefit of those in the House and those watching, I would invite the member to expand a bit on the constitutional arguments that would likely be upheld once the bill is subject to the scrutiny of the Supreme Court of Canada.

Opposition Motion—Representation in ParliamentBusiness of SupplyGovernment Orders

March 3rd, 2011 / 4:10 p.m.
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Conservative

Tom Lukiwski Conservative Regina—Lumsden—Lake Centre, SK

Mr. Speaker, I must say at the outset I am absolutely shocked and dismayed that my friend from Acadie—Bathurst asked that question because, normally, he listens intently to every word I speak in this House. In fact, I would suggest that from time to time, he actually leans forward to listen more closely to what I have to say, and I appreciate that. I appreciate that he takes my words of advice so seriously that he would be confused, and so totally confused as he is today.

He asks why do we not allow Canadians to participate in this. That is exactly what these bills are about. Bill C-10 would put in term limits. We have heard from Canadians. They do not want to see anyone have a 45 year term. And Bill S-8 would allow for elections for Senate nominees at the provincial level. What more of a form of democracy can we have than allowing full participation from members in individual provinces?

I think the member for Acadie—Bathurst is far off the mark. Once again, I would ask that he sit back and listen to me intently. He might learn something.

Opposition Motion—Representation in ParliamentBusiness of SupplyGovernment Orders

March 3rd, 2011 / 4 p.m.
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Regina—Lumsden—Lake Centre Saskatchewan

Conservative

Tom Lukiwski ConservativeParliamentary Secretary to the Leader of the Government in the House of Commons

Mr. Speaker, it is a pleasure for me to stand here today and join in this very important debate coming from my colleague and friend from Hamilton Centre, talking about two elements of democratic reform.

The first obviously is the one we have been discussing for many months and, actually, for many years, and that is democratic reform of the Senate. The NDP's position is to abolish the Senate.

I will be concentrating all of my remarks on the first part of the opposition day motion that deals with Senate reform, as opposed to the latter part of the opposition day motion on proportional representation. Due to the limited time that I have before me, I will try to concentrate my remarks only on the Senate.

I should also say at the outset that I will be sharing my time with my colleague from Calgary East.

Let me first assure my colleagues, particularly on the NDP side, that I share with them a lot of the frustrations that they seem to be expressing today about Canada's Senate. In fact, I can assure my colleagues that several years ago, before I was elected to Parliament, I completely shared their view that the Senate should be abolished. At that point in time in my view, the Senate was irrelevant, useless and served no useful purpose for Canadians.

However, since I have been elected and have been in this House since 2004, I have changed my mind 100%. I have seen the good work that the Senate can perform. I would also point out that throughout the western world and the democratic nations of the world, bicameralism, which is to say federal institutions having two legislative bodies, is quite common. The U.S., Germany, Australia, and many others have a similar situation to ours. It is there for a reason. It is there to observe and give sober second thought to the legislative process. In other words, it is a legislative review body. It is also a review body that gives careful consideration to policy.

Even though I had great and grave doubts about the Senate in years past, since I have been in Parliament I have seen on many occasions the work that the Senate has done, both in terms of legislative review and on proactive policy considerations, presenting papers for not only this House and our consideration but also for Canadians as a whole. Without getting into an ideological debate about whether the Senate should be a part of our constitution and our legislative process, I would suggest that we will always agree to disagree on that very point.

However, there are two elements to democratic reform within the Senate that I believe should be discussed. I welcome the debate we have before us today. The first is term limits. One of the most unsavoury aspects of the Senate is the fact that senators can be appointed and then serve for up to 45 years. These would be unelected and, some would suggest, unaccountable senators remaining in their positions for 45 years. I do not think by anyone's definition that is palpable. Canadians would not agree with the notion that someone can be appointed to a body and remain in that position for up to 45 years with literally no oversight.

Yes, there are times when senators can be removed with cause, whether they are charged and convicted of a criminal offence, whether their attendance is such that they have not proven their worth in the Senate, but generally speaking, senators can stay in their unelected positions for up to 45 years.

That is why we brought forward Bill C-10 on Senate term limits. Our position is that there should be a finite number of years that senators serve in the upper chamber. Forty-five years is clearly too long a period of time. We believe that eight years is the proper period of time.

Why eight years? Obviously it would take new senators a bit of time to become acclimatized to their new position, their new job, to learn the ropes so to speak. However, after a year or two, senators can properly function in the upper chamber. The most important part of a Senate term limit of eight years is that after eight years, senators have probably served their purpose to the maximum of their abilities. If not, at the very least we can look at renewal within the Senate.

What angers and offends Canadians more than anything else is to see senators who have served in the same position for 10, 20, 30, 40 years and beyond, paying little recognition to Canadians' true feelings. I believe that if senators were confined to a term limit of eight years, they would know that they had a job to do and that they had to get it done in a relatively short period of time.

I do not think there would be any argument that there should be a term limit put on senators. Whether it is eight years, twelve years or more, is open for debate. That debate would be extremely worthwhile.

I note that the former Liberal leader at one time said that he was in favour of term limits for senators. He was not sure whether eight years was the proper term. He suggested at one time 15 years and then 12 years. Nonetheless, he was a strong supporter of term limits. I am pleased to see that at least some in the Liberal Party agree with us that there should be term limits.

I would ask my friends in the NDP and the Bloc Québécois to also engage in this debate and hopefully come to the realization that if the Senate is here to stay, and I suggest it will be, then we should take a look at meaningful reform from within.

The NDP's suggestion that the Senate be abolished will probably be something that we will never see. It would never happen because to do that we would have to open up constitutional talks and there is no appetite in Canada, from the Canadians I have spoken with from coast to coast, to reopen the Constitution. We have seen the problems of the Meech Lake accord and the problems of other constitutional talks. There is simply no appetite for constitutional reform at that level.

I suggest that Bill C-10 would allow change and reform to the Senate without having to open up the constitutional talks again. The way we have drafted the legislation would allow reforms to be enacted with the approval of this House.

If the NDP members are truly sincere in their belief that there needs to be reform in Parliament, knowing that the constitutional talks would probably never occur, at least not in my lifetime, on Senate reform they should welcome the opportunity to try and enact positive change. In other words, rather than strictly abolishing the Senate, let us grasp the opportunity to make change for an institution that will be with us for the foreseeable future. I would suggest the same thing happen with senatorial appointments.

Right now we have a system where all Senate appointments are strictly that; appointments rather than elections. If we want to have a truly elected Senate, that would require opening up the Constitution. That will not happen. We do not want that to happen at this point in time. Canadians do not want that to happen.

What we have done, through the Senate, is introduce Bill S-8, Senatorial Selection Act. That, in a nutshell, would allow provinces to have elections for Senate nominees. Those nominees would then be presented to the prime minister of the day and that prime minister would be required to give consideration to those Senate nominees. I would also suggest that no prime minister, regardless of political affiliation, would take those suggestions from the provinces lightly. If a sitting prime minister decided not to appoint a senator who had been recommended and elected from a province, he would do so at his political peril.

These are two real changes that can be made to the Senate, as we speak. They can be made internally in Parliament, without having to reopen constitutional discussions and talks. They would enact real reform within the Senate. It is a set of concerns that all members should take very seriously.

I would encourage all of my colleagues to join with us as we move forward with our democratic reform package in the Senate and ask them to support both Bill C-10 and Bill S-8.

Opposition Motion--Representation in ParliamentBusiness of SupplyGovernment Orders

March 3rd, 2011 / 1:50 p.m.
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Liberal

Mauril Bélanger Liberal Ottawa—Vanier, ON

Madam Speaker, I am very pleased to be able to speak to this matter. First, I want to congratulate the hon. member for Hamilton Centre for sponsoring this motion. I followed his speech with much enthusiasm and I want to tell him from the outset, in order not to create false expectations, that I will not be supporting the resolution. Out of respect for him and for others who have spoken to this issue today, I will explain why I cannot support his resolution. The main reason has to do with the part about the Senate.

I believe ours is a system of checks and balances between the executive and the legislative branches, between the government and opposition, and between the two Houses. Having a bicameral parliament is part and parcel of the system of checks and balances.

As opposed to abolishing the other chamber, I believe we might want to improve it. Therefore, I cannot and will not support the motion because of the portion of it that deals with the Senate. I do not think it is appropriate to propose an abolition.

Some of us may remember than in the previous parliament, the 39th parliament, Bill C-10 was a bit of omnibus legislation that contained an element that we all missed in this House. Perhaps the government should have been more forthcoming in explaining the elements of the bill. Nonetheless, the Senate caught something that we should have caught in this House, which would basically have given the Minister of Heritage some powers equivalent to censorship in the making of films. After strenuous debate, that portion of the bill was abandoned. Thus I think the Senate saved the day there.

Furthermore, in some instances, the Senate initiates very thorough studies. I remember the one that was tabled by the Senator Kirby on mental health, which has had a significant impact to the benefit of all of us in this country. There are other studies of that nature on poverty and security. I think there is certainly a great deal of work that is done by the Senate that is quite good and that is why I support the Senate.

Perhaps amending the Senate might be something we should consider. For that, I think we need to look at another mechanism rather than just striking a House committee. Perhaps the way to go could be a royal commission or a mechanism involving provincial authorities when looking at possible reform of the Senate. If such reform is impossible, then at some point down the road perhaps there will be outright abolition. However, at this point I think that would be premature.

I did listen quite closely to comments by my colleague from Nanaimo—Cowichan.

I am sorry about the inclusion of the elements of the Senate in this motion, because I really rather agree with where the rest of the motion is going.

I was at one point the minister for democratic renewal, and I remember the discussions I had with Ed Broadbent, who was the member for Ottawa Centre at the time. I said that I personally agreed that there may be a use in our system for an element of proportionality. I tried to define that element.

I recall an op-ed in the Globe and Mail a few years ago calling for a “12-per-cent solution”, which apportioned a reduced number of seats on a proportional basis, but regionally. The reasoning then was that if we had greater regional representation within caucuses, for instance if the Liberals had more voices from Alberta and the Conservatives more voices from Quebec and the NDP more voices from other provinces, in other words, if we had more provincial voices speaking in the respective parties' national caucuses, the national perspective might win the day more often.

I think that would be healthy for our country. Therefore, I do support, notionally, an element of proportional representation.

I understand there are concerns and that proportional representation is a complex system. We had B.C., Ontario and P.E.I., where the people spoke on this. We had mixed messages. In B.C., a majority but not quite a sufficient number of people supported at one time having a single transferable vote, which is indeed a complex method. I think the problem there was that there was too great of a fixation on that particular method of altering the way of voting. We also had Quebec and New Brunswick, if I recall, that took a very serious look at elements of proportional representation and yet have failed to enact anything.

It is a complex situation, and I think the nature of our country, the federation, will help us evolve because, at some point, one of the provinces, if not the Government of Canada, will find a way to perhaps try some elements of proportionality. We will then see how that evolves.

The other concern of course is that some people say that if we go that way, we will always have a minority Parliament. That may be so. Some of my colleagues do not like the prospect of forever having minority parliaments, because it is quite difficult for members of Parliament if they are on constant electoral alert. However, I believe that is what Canadians may want; Canadians may want to have a little shorter leash on their representatives.

It behooves us all to learn to work together, not just to say we want to work together and pretend that we want to work together, but actually to find mechanisms to work together and make Parliament work. That is well within our grasp and capacity, and if the Canadian public decide that is what they want of us, then somewhere down the road, somehow, we will have to find a way to do that.

If we ever do go down the road of having an element of proportional representation within our electoral system, then we had better find a way to work together, whether by reconstructing committees or the way the House works or way we deal with legislation. In any event, that is well within our grasp.

All of that is to say that despite all of the concerns with the concept of proportional representation, an element of that, not a majority or perhaps not even as high as 50% or even 25%, but an element of that, might help our democracy. I say this because the other concerns about where we are going are equally valid. Here I refer to the concerns about lack of participation and declining participation, especially among young people. We have to be concerned about that. It is a concern that we cannot ignore, one that we ignore at the peril of our democracy and the well-being of our very nation.

When we weigh all of this together, perhaps the way to go would be to create a committee of the House of Commons and to give it a mandate, perhaps a little clearer than what we see before us today and with a little more authority, to go out and sound this out in a rational, responsible, realistic manner and come back to Parliament with its conclusions. Then Parliament should take them up in debate and see where they would lead us.

If we were to do that, and we will not do so today, I gather, from the indications of where the votes are, and to debate a motion that did not deal with the Senate, I would certainly be willing to support it and would encourage my colleagues to support it and to see where it takes us. I am sorry the Senate was included in the motion today, because I think we could otherwise have seen a little progress today.

Opposition Motion--Representation in ParliamentBusiness of SupplyGovernment Orders

March 3rd, 2011 / 10:40 a.m.
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Charleswood—St. James—Assiniboia Manitoba

Conservative

Steven Fletcher ConservativeMinister of State (Democratic Reform)

Mr. Speaker, I am pleased to speak today to the opposition day motion on electoral reform and Senate abolition that was moved by the hon. member for Hamilton Centre.

The motion that we are considering calls on the House to recognize the undemocratic nature of the current form of representation in the Parliament of Canada. It asks that the government propose amendments to the Referendum Act in order to allow the holding of a referendum on the Senate abolition at the same time as the next general election. It also calls for the establishment of a special committee on democratic improvement whose mandate would be to engage with Canadians and make recommendations to the House on how to implement a new electoral system that would combine direct elections with electoral districts and proportional representation.

I would like to thank the hon. member for moving this motion. As Minister of State for Democratic Reform, I am always pleased to have a robust discussion about democratic reform issues and I look forward to today's debate.

While I am grateful that today will bring attention to democratic reform issues, I am disappointed that we will be spending time debating the reforms proposed in this motion, rather than working together to achieve real and attainable goals that this government has already set out on this topic.

For example, I point to the premise that representation in the Parliament in Canada is somehow undemocratic. Canada has a long history of democracy and Canadians are lucky to enjoy the very healthy system for which we all can be very proud. For example, all Canadians over the age of 18 hold the right to vote, there are free and fair elections and the administration of such elections is overseen by the independent Elections Canada. Elections are held on a regular basis, which allows citizens to hold government to account.

Therefore, the comment that this place is undemocratic just does not hold water, especially comparing Canada to other countries. Canada was compared to Egypt earlier. That is just not fair to Canadians or even to the people of Egypt because they are really fighting for even the seeds of democracy.

I would also like to talk about the electoral boundaries. These boundaries are redrawn on a regular basis by an independent commission that ensures ridings are designed in a fair , non-partisan way.

Finally, we have Elections Canada that provides for secret ballots, regulates political financing and ensures the integrity of the entire electoral machine.

Despite all the positive aspects of a democratic system, I do agree that there are fundamental elements that can be improved, and that is the principle of representation by population. The government introduced the democratic representation act to ensure that representation in the House of Commons would be fair and that Canadian votes, to the greatest extent possible, would carry equal weight.

The House of Commons no longer reflects fair representation of all provinces. This is particularly the case in Ontario, Alberta and British Columbia. The democratic representation act would amend the constitutional formula for the re-adjustment of seats in the House of Commons so that future adjustments would better reflect the democratic representation of faster growing provinces while protecting the seat counts of other provinces.

For example, the province of Ontario would receive approximately 18 more seats, Alberta would receive 5 and British Columbia would receive 7, which, of course, depends on the census results. However, it is a step forward and I hope the NDP will support this government's legislation on representation by population.

On the issue of the unnecessary Senate, our government believes that the Senate does play an important role in our parliamentary system, particularly with respect to the reviewing of legislation and the representation of regions and minority interests. We also believe that members of the Senate perform valuable work.

It is no secret that our government believes that the upper chamber, in its current form, does not reflect the ideals of the 21st century democracy in Canada. Furthermore, we believe the Senate has a legitimacy problem that is directly linked to the method of selection of senators.

Rather than simply doing away with a parliamentary institution, we have advocated for its reform. We believe the Senate should be reformed to become a more modern, accountable and effective chamber that Canadians deserve. In order to move forward with such a reform, we have introduced the senatorial selection act which encourages provinces and territories to establish a democratic process to consult voters on candidates they want for Senate appointments. Provinces, such as Manitoba, have looked into this and have suggested senatorial districts.

The member who moved the motion is very keen on proportional representation. Perhaps that is a method that could be used in the upper chamber.

The upper chamber, I will reflect, is quite different than the lower chamber. In the lower chamber, votes of confidence occur and the first past the post system is much more appropriate. In the upper chamber, perhaps there are other methods and we are open to discussing this with Canadians and other parties. Certainly Bill S-8 reflects our willingness to look at other ways of selecting senators.

The Prime Minister has always been clear that he is committed to appointing elected Senators, and has done so at his only opportunity.

The Prime Minister would appoint senators who are directly selected by the people of the provinces. It is very significant that the Prime Minister is willing to give that power to the people, in effect.

Our government has also introduced legislation that would limit senators to eight years in a non-renewable term. This would allow enough time for senators to gain experience while ensuring that the upper chamber would be refreshed with new ideas on a regular basis.

Despite our government's willingness to be flexible on reforms and to work with stakeholders to find common ground, we have not been able to count on the co-operation that is needed from the opposition parties to make Senate reform a reality. Today's motion proposes a referendum on the Senate abolition. I have concerns about this. Specifically, I have concerns about referendums in general and particularly on the issue at hand.

When we talk about referendums, I would note that national referendums have been held only occasionally in Canada. There was the 1992 Charlottetown accord process, there was a referendum in 1942 regarding conscription and in 1898 on prohibition. It is a rarely used vehicle. While referendums can be used and be useful in engaging Canadians on questions of fundamental importance to the country, we have seen from previous experience that they can also be very divisive along regional and linguistic lines.

The motion also proposes to hold referendums at the next general election. As the motion acknowledges, the Referendum Act does not currently permit a referendum to be held at the same time as a general election, an issue that is divisive in itself. Referendums held during general elections can be done more cost effectively but, on the other hand, issues of a referendum can dominate the election period at the expense of the general electoral campaign.

I would also note that the opposition coalition has been threatening a general election within weeks. It would obviously be impossible to implement this motion before the next general election, which could happen within weeks. I hope the opposition does not call an election because it is not in the interests of Canadians and certainly not in the interests of the economy. The government wishes to work with other parties to ensure that the next general election does not happen for a long time.

In 1992, the Royal Commission on Electoral Reform and Party Financing found that in jurisdictions where referendums had been held with general elections, voter turnout tends to be lower and those who vote represent a small cross-section of the general population. In fact, in its 1992 report the royal commission found that having referendums at the same time as general elections was not a good idea.

More recently, in November 2009, the House of Commons Standing Committee on Procedure and House Affairs began its review on the Referendum Act. Among other things, the committee was considering this very question. It has not yet completed its study and perhaps it would be more prudent to wait for the recommendations before making a decision on this issue.

On the issue of a referendum on the abolition of the Senate, I must say that I find the idea simplistic. Polls have continuously shown that Canadians support Senate reform. A recent poll on Senate reform found that two-thirds of Canadians would like to directly elect the Senate while only 30% support the abolition of the Senate. As the Prime Minister has said, abolition should be the last resort and all members of Parliament should be focused on making our government's reasonable Senate reform agenda a reality.

Participation in the political process by exercising one's right to vote is a cornerstone of our democracy. Of all forms of civic engagement, voting is perhaps the simplest and most important. That is why the idea of reforming Canada's voting system cannot be treated lightly.

At the outset, I would like say that I find the portion of the motion concerning electoral reform perplexing. The proposal is to create a special committee on democratic improvement that, among other things, would be responsible to engage Canadians, “on how best to achieve a House of Commons that more accurately reflects the votes of Canadians by combining direct election by electoral district and proportional representation”. However, the committee would not be mandated to ask Canadians what voting system they would like to have.

The motion presumes that Canadians are dissatisfied with our current system and eliminates the possibility for voters to propose another system, such as a preferential system which the United Kingdom will hold a referendum on this spring. However, it strongly suggests that the first past the post system will be preferred there as well.

Moreover, while the intent of the motion may be to obtain the views of voters on electoral reform, it did not propose a referendum on electoral reform, even though it prescribes abolishing the Senate. So there is obviously a contradiction in the logic.

Like Senate reform, electoral reform has received much attention in recent years. However, while there seems to be general consensus that the majority of Canadians support some form of Senate reform, this is not necessarily the case when it comes to changing our electoral system.

Voting system reform has been put to voters in three different provinces, British Columbia twice, Ontario and Prince Edward Island, and it has been rejected every single time. After significant citizen engagement efforts in these provinces, particularly British Columbia which included citizen assemblies, voters in each province were given the opportunity to vote in referendums on changes to the electoral system. In each case, they favoured the existing system.

In 2007, the Conservative government completed a series of cross-country consultations as well as a national poll in order to consult Canadians on democratic reform issues, including our electoral system.

The participants, who were broadly representative of Canadians at large, expressed satisfaction with the first past the post system and were disinclined to fundamental change. In particular, they valued the electoral system that produces clear winners, such as single party, majority governments that are more common under first past the post, than other forms of PR. This first past the post system also allows voters to hold governments accountable for their performance.

Although a system of proportional representation is not appropriate for the House of Commons, if the senatorial selection act is passed, provinces would be free to use proportional representation or any other democratic system for selecting Senate nominees that directly consults with the members and citizens of the province. This should be a reason why the NDP should support our Senate reform agenda. I would be interested to hear from them on why they would not.

Not every voting system is perfect, but we have a very good system here in Canada. I agree that there needs to be democratic reform and we are moving forward with democratic reform. We have taken big money out of politics by limiting campaign finances. We are trying to ensure that the House of Commons better reflects the population of the people of Canada and where they live.

This is what Bill C-12 does. It is representation by population, a principle that the vast majority of Canadians support. The Senate is designed to reflect the will of the regions. This is important in a federated model such as Canada where we have 10 provinces and three territories. It is important to have that balance.

We have proposed eight year term limits in the Senate in Bill C-10.

Bill C-10 would allow for the reduction of 45-year terms, which the NDP member correctly suggested there was an accountability and legitimacy issue. This bill would help to address that. Also, Bill S-8 would allow for the people of the provinces to select their senators.

This is a much more practical way to move forward on Senate reform. It is constitutional. It is a step-by-step approach that is easily understood. In fact, one could argue that what the NDP has suggested, which would require a huge constitutional change, is a statement of support for the status quo. All reasonable commentators, including in recent editorials in the Toronto Star, National Post and throughout the media, know there is no political appetite for these types of huge constitutional negotiations, like what occurred in the 1980s and 1990s. People want us to focus on the economy and other priorities of Canadians. They do not want use to get involved with deep constitutional quagmires.

I ask NDP members to take their energy, focus it on moving forward with the government's reform agenda, support Senate reform, support Senate term limits, support Senate elections, support representation by population, support our Bill C-12 and support our other initiatives to increase voter participation and campaign finance reform.

Again, I thank the hon. member for Hamilton Centre for raising this very important issue, and may God keep our land glorious and free.

February 14th, 2011 / 5 p.m.
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Liberal

Brian Murphy Liberal Moncton—Riverview—Dieppe, NB

I remember Bill C-10 very well.

February 14th, 2011 / 5 p.m.
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Community Chair of Justice, Church Council on Justice and Corrections

Lorraine Berzins

I don't have it here with me. We also appeared before the Senate committee on the same issue. It was on the mandatory minimums as well as the conditional sentencing issues: Bills C-10 and C-9, back then.

Royal Canadian Mounted Police Modernization ActGovernment Orders

December 13th, 2010 / 1:40 p.m.
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Bloc

Claude DeBellefeuille Bloc Beauharnois—Salaberry, QC

Mr. Speaker, today I am pleased to be speaking about Bill C-43, An Act to enact the Royal Canadian Mounted Police Labour Relations Modernization Act and to amend the Royal Canadian Mounted Police Act and to make consequential amendments to other Acts.

I would like to begin by saying that the Bloc Québécois supports this bill. The Bloc will be pleased to discuss and debate this bill in committee with its usual thoroughness.

The Bloc believes that unionization of Royal Canadian Mounted Police officers would lead to more harmonious and fairer labour relations. In addition, it is useful to remember that the Conservatives introduced this bill following an Ontario Provincial Court decision, which was appealed by the government three times.

In April 2009, Justice Ian MacDonnell of the Ontario Superior Court extended the right to unionize to the 22,000 officers in the Royal Canadian Mounted Police. The judge ruled that the federal law governing the Royal Canadian Mounted Police, which prohibits unionization, is unconstitutional. However, police cannot strike because the Canadian Police Association gave up that right.

This decision put an end to a century-old tradition of RCMP management believing that unionization would hurt the officers' morale. This is not the first time that RCMP officers have requested the right to unionize. In 1999, the Supreme Court of Canada threw out the case of Gaétan Delisle, a former officer who invoked the Canadian Charter of Rights and Freedoms to allow RCMP members to unionize.

This bill introduces human resources management processes for grievance procedures, disciplinary measures and the review of conditions of employment. It also gives the commissioner authorities similar to those given to deputy heads in the federal public service as well as the heads of large police services to support the effective management of the RCMP workforce.

According to the new labour relations regime, RCMP members will be able to choose to work in a non-unionized environment, enabled through joint consultation, or to work in a unionized environment, represented by a certified bargaining agent. As is the case with most police forces in Canada, RCMP members would not be able to withdraw their services.

In either a unionized or a non-unionized environment, the new labour relations regime for the RCMP would include the following features.

The proposed legislation gives the commissioner human resource management authorities similar to those of deputy heads in the federal public service—as I said earlier—and to those of heads of large police services in Canada. This includes the authority to appoint, promote, discipline, demote or terminate the employment of all members, including commissioned officers.

The President of the Treasury Board will establish a total compensation advisory committee to provide him with recommendations on overall compensation, that is, pay and benefits, for RCMP members who are not represented by a certified bargaining agent.

If members choose not to be represented by a bargaining agent, the total compensation advisory committee's recommendations would apply to all RCMP members.

If members choose to be represented by a bargaining agent, the committee's recommendations would only apply to officers, that is, inspectors and ranks above, executives and other non-represented or excluded employees of the RCMP.

The committee would be comprised of up to five impartial and external members who, together, would have an appropriate mix of knowledge of policing operations and of compensation issues and principles.

The total compensation advisory committee shares many similarities with the advisory committee on senior level retention and compensation, which provides, among other things, independent advice and recommendations to the President of the Treasury Board on compensation and overall human resources management matters for executives, deputy ministers, chief executive officers of crown corporations and other Governor in Council appointees.

The proposed legislation requires, among other things, that a consultation committee be established to address workplace issues. This could include the co-development of workplace improvements; that is to say, members could also participate in identifying and collaboratively resolving workplace issues and challenges. Through a series of local, divisional, regional and national consultative committees and working groups, members would be given the opportunity to bring their views and concerns directly to managers, either individually or as a group.

The bill maintains the current informal conflict management system and integrates it into all labour relations processes. This system will continue to offer options to resolve conflicts above and beyond the formal grievance process, such as mediation through a third party. The use of these options would be voluntary, confidential and impartial.

The proposed legislation provides the commissioner with the authority to implement a restructured discipline system. Consistent with discipline systems found throughout other Canadian police services and the broader public service, the new system would ensure that the RCMP is able to address and resolve conduct issues transparently, consistently and promptly. It would give RCMP members the right to refer certain decisions or actions of management to an impartial, external decision-making body, the Public Service Labour Relations Board.

The proposed legislation would include a more timely and effective grievance process. This new process would give members the right to refer certain decisions to an impartial, external, decision-making body, the Public Service Labour Relations Board.

What role does the Public Service Relations Board play in the public service? The legislation proposes that the board act as an independent, external third party to make final and binding decisions relating to discipline issues and some grievances of RCMP members. Members would not be able to refer grievances to the board on issues such as assignment of duties, law enforcement techniques or uniform standards.

To fulfill its role, the Public Service Labour Relations Board will take into account the unique role of the RCMP as a police organization, protecting Canadians and national safety. It will have to ensure it has to the capacity to perform its new powers and functions, including the ability to assign adjudicators who have knowledge of policing and police organizations as required.

The bill is a step in the right direction but the Bloc Québécois has some concerns. There are some issues that could be debated in committee if the bill is passed here in the House. One of our concerns is the definition of “employee” found in clause 2(1). This definition is much too strict. In our opinion, there is no reason to exclude employees who are hired outside Canada, part-time employees, casual employees and students.

These people carry out the same duties as their unionized co-workers but are denied the right of association. Members will recall that the Public Service Alliance of Canada is currently before the courts in order to have the rights of these types of employees recognized under the Canadian Charter of Rights and Freedoms.

It is also worth mentioning that the so-called confidential positions are not defined clearly enough. According to clause 31 and following, people who are in confidential positions are those who have been deemed to be so by the employer. It is then up to the union to prove otherwise. This vague or extremely flexible definition could easily lead to cases of abuse that would ultimately be harmful to labour relations.

The bill refers specifically to a certification process. When an application for certification is filed, the board must ensure that a majority of employees in the bargaining unit wish the applicant employee organization to represent them as their bargaining agent. This is a fairly unusual situation and, in our opinion, it places a very heavy burden on the shoulders of the employee organization.

Subsection 29(2) of the Canada Labour Code sets out a mechanism similar to that provided for under section 28 of the Quebec Labour Code. This mechanism involves a representation vote when the board is satisfied that the union has obtained the support of 35% or more of the employees.

In our view, this is a much more realistic approach to truly determining what the employees want. It allows for a vote, when everyone has their say.

Upon reading the bill and the rulings that led to it, we have to wonder what opportunity members of the RCMP will have to join an existing union. The unclear provision, in our opinion, is clause 56 of the bill. We wonder whether its purpose is to ensure that the employee organization actively defends its members or whether it is to limit the organization's role to defending police officers only.

Clause 56 states that:

The Board must revoke the certification of an employee organization as the bargaining agent for the bargaining unit if the Board, on application by the employer or any employee, determines that the organization no longer has as its primary mandate the representation of police officers.

In our opinion, the first solution should be adopted. With the exception of three Canadian provinces, all the other jurisdictions allow their police officers to be part of diversified employee organizations.

As I was saying at the beginning of my speech, this is a step in the right direction. The Bloc Québécois notes, however, that everything in this bill is geared to limiting the number of individuals who can join the ranks of an employee organization. Whether it be by excluding employees whose jobs are not very secure, or by designating confidential positions, there seems to be a real desire to give a limited number of people the right to organize.

What is more, having a certification process that is different from what is done under the Canada Labour Code and in other provinces shows the government's desire to make the certification process difficult.

The confusion around a number of definitions and clauses in the bill also reflects the government's attitude. We sincerely believe that with some amendments, Bill C-43 would benefit RCMP employees. In committee, we will be able to question witnesses and move and debate amendments.

Needless to say, I do not believe the government was too happy about introducing this bill. I do not get the feeling the Conservatives like unions much. I think they moved second reading of this bill quite reluctantly. In their plan to help the auto sector, the Conservatives wanted to include a condition that would have imposed a salary reduction, in spite of the collective agreements in effect.

I have another example to back up what I am saying. In the 2009 budget, the Conservatives included an amendment to the collective agreement for public service employees that unilaterally imposed new salary conditions on some public servants. This provision is found in part 10 of Bill C-10. They also voted against Bill C-395 introduced by the Bloc Québécois, which would exclude the period of a labour dispute from the employment insurance qualifying period. This bill is designed to fill a gap that, in theory, could be used by an employer to pressure a union.

Lastly, the Conservatives have always been opposed to anti-scab legislation, which once again puts workers at a disadvantage compared to employers.

This bill should be debated in committee so that we can improve it and propose amendments to give police officers and RCMP personnel the opportunity to unionize and defend their rights fairly, rigorously and effectively.

December 9th, 2010 / 11:45 a.m.
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Liberal

Dan McTeague Liberal Pickering—Scarborough East, ON

Mr. Bilodeau, at the end of most of your inquiries there's almost a cheering from one section that there's absolutely nothing wrong with this industry, based on a couple of things. But I distinctly recall the previous competition commissioner advocated many of the changes in Bill C-10. Actually I advocated a lot of those in Bill C-10. I'm glad they finally came out a few years later. If it is a matter of resources to do an appropriate and in-depth study of this industry--for this purpose Mr. Vincent's industry would be the gasoline industry--obviously it wouldn't be limited. We could be looking at groceries. We could be looking at any other--automotive, whatever the case may be.

I'm wondering if this simply comes down to a question of resources, to a proper and independent investigation, because often I note the bureau has relied on industry personnel itself, J. Irving and Associates being an example, often using tainted data that may very well be supplied by the industry itself. Would you not want to avail yourselves of this kind of investigative power, provided of course you are properly and monetarily financed to do these things, to do a once-and-for-all determination as to whether or not the industry is effective and meets the objectives of the Competition Act?

Business of the HouseOral Questions

November 25th, 2010 / 3:05 p.m.
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Liberal

David McGuinty Liberal Ottawa South, ON

Mr. Speaker, I will start this afternoon by saying that last week the government House leader ambushed, for lack of a better term, the House of Commons with two unanimous consent motions, both of which I think could reasonably be characterized as publicity stunts. One was a very unusual motion asking that all justice bills on the order paper be adopted, while the other motion s asking to adopt Bill C-10 at all stages was intended to distract from Conservative behaviour in the Senate.

I would simply like to remind the hon. member across the floor and his colleagues that we are here in this chamber working for Canadians. This is serious business and I would hope in the future that the member across the way would treat it as such.

I ask the Conservative House leader which bills the government intends to bring forward for tomorrow and for next week and I hope he can make an effort to ensure, as we approach the Christmas adjournment, that consultations with the opposition parties are conducted in a proper manner. I think he owes it to himself, to his party and to this House. We will do our part, as always, to make this place work in the interests of Canadians.

Constitution Act, 2010 (Senate Term Limits)Government Orders

November 19th, 2010 / 1:25 p.m.
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NDP

Jim Maloway NDP Elmwood—Transcona, MB

Mr. Speaker, the member for Burnaby—Douglas indicated prior to my speech that we in the NDP have supported the idea of getting Bill C-10 to committee. We obviously have to deal with the member's amendment, but certainly the original intention was to support the bill going to committee to get results.

We are here to make the minority Parliament work in spite of the fact that the government does not seem to be overly helpful or even interested in a lot of cases.

Constitution Act, 2010 (Senate Term Limits)Government Orders

November 19th, 2010 / 1:15 p.m.
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NDP

Jim Maloway NDP Elmwood—Transcona, MB

Mr. Speaker, I am very pleased to speak to Bill C-10 and the amendment proposed by the member for Skeena—Bulkley Valley today.

I would like to read the motion proposed by the member, which was:

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

“the House decline to give second reading to Bill C-10, An Act to amend the Constitution Act, 1867 (Senate term limits), because the term limits do not go far enough in addressing the problems with the Senate of Canada, and do not lead quickly enough to the abolition of the upper chamber, as recent events have shown to be necessary.”

As I said and as was indicated by our previous speaker in regard to Bill C-10, the New Democrats had indicated that we would be supporting that bill to get it to committee, but things have changed in the last week with regard to developments at the Senate on Bill C-311, Climate Change Accountability Act.

This bill was passed not only once in this Parliament but had also passed in a previous Parliament. Of course, because of the election, it came back and had to be reintroduced and passed a second time. It then went to the Senate.

Now the unelected, appointed, Conservative-dominated Senate killed Bill C-311 without so much as giving it the proper debate and allowing it to go to a committee of the Senate and go through the proper process. Had it gone through the proper process and had they found some problem with it, perhaps they could have amended it. There were ways to deal with the bill in a proper way as opposed to the way it was treated. It was basically killed in the dead of night.

The Senate has not done something like this for many years. If this is setting a new precedent for how the Senate is going to operate, it is not very good.

Yesterday I listened to the Liberal member for Random—Burin—St. George's give the Liberal position on this bill. She was talking about the lack of consultation, as far as the provinces were concerned. I wanted to draw her attention and the attention of the House to a consultation process that occurred in my home province of Manitoba.

By the way, Manitoba did have a Senate created in 1870. Manitobans had the good sense to abolish it in 1876. Members should also know that four other provinces had senates as well. New Brunswick abolished its in 1982. Nova Scotia abolished its in 1928. Quebec created one in 1867 and abolished it in 1968. Prince Edward Island created its in 1873 and abolished it in 1893.

So we have the experience of five of our provinces that have had senates and have gotten rid of them, not to mention other examples in the Commonwealth. I fail to see any examples where jurisdictions are actually bringing forth and introducing new senates. If anything, there seems to be a move towards getting rid of them.

What happened in Manitoba on June 13, 2006, was Bill 22 passed the legislature. Bill 22, the Elections Reform Act, was approved by all parties in the legislature, including the Liberal Party. The act stated that they preferred abolishing the Senate but if the Senate could not be abolished then it should consist of democratically elected members rather than members appointed by a process involving patronage appointments.

As I had indicated, the Manitoba Senate was abolished in 1876. The feeling of the committee was that the province had been served quite well without having the Senate around.

An all-party committee was set up. Membership included the NDP, Conservatives, and a Liberal member, Mr. Kevin Lamoureux, who is currently running for the Liberals in the byelection in Winnipeg North. He may possibly be one of our colleagues in the future. Mr. Lamoureux was part of the committee that came up with final recommendations, which I will deal with in a few minutes.

This all-party committee met in Brandon, Carman, Dauphin, Flin Flon, Norway House, Russell, St. Laurent, Steinbach and Winnipeg. This has been a tradition for the last number of years in Manitoba whenever there is a controversial issue, whether it be Meech Lake, smoking in public places, or the Charlottetown accord. We have tended to get all the parties involved in an all-party committee process. We found that works quite well.

In fact, the committee heard 51 presentations at its public hearings. It had 32 written submissions sent in via mail. In fact, one of the written submissions was sent in by Senator Terry Stratton.

In terms of the people who presented at the public meetings held across the province, I will mention names that people in the House will recognize. We had the recent former MP, Inky Mark, make a presentation at the meeting in Dauphin. Also, there was Senator Sharon Carstairs, Senator Bert Brown and Daniel Boucher from the Société franco-manitobaine. As well, there was the former Conservative MP, and a chairperson for many years, Dorothy Dobbie. There was quite a substantial group of interested parties making presentations to this committee.

The question is, what did members of this all-party committee recommend after hearing from the presenters?

In the area of the term limits they were agreeable to the federal government's proposal. They did not have strong opinions one way or the other on it, but they felt the eight-year term for senators was reasonable. They had these recommendations.

Elections should be held in the province to elect nominees to the Senate to be forwarded to Ottawa.

The elections should be administered through Elections Canada with the cost being the responsibility of the federal government.

The method of voting they decided on was first-past-the-post. They looked at proportional representation and they ruled that out as that had been ruled out by several provinces in the past.

There should be regional representation among Manitoba's allotment of six Senate seats. They decided they wanted to have three in the city of Winnipeg with two in southern Manitoba and one in the north.

In addition, the current proposal of an eight-year term by the federal government is in keeping with what was heard from the presenters, as I indicated before.

What we have here is a process that was started in 2006, four years ago, involving all parties. So for the Liberal Party to suggest that somehow there has been no consultation on this issue, that it is being rammed through the House, is absolute nonsense. In Manitoba their member was part of the all-party committee. How can they say that somehow there needs to be more consultation?

It seems to me what the Liberals are interested in doing is coming up with all sorts of delay tactics to tie this idea up in knots as long as possible so another ten years will go by and things will just carry on their merry way and nothing will substantially change as a result of it.

I would suggest that the Manitoba experience seems to me to be the sort of direction upon which we should be looking to proceed in terms of consultations and involving as many people in the process as possible.

Constitution Act, 2010 (Senate Term Limits)Government Orders

November 19th, 2010 / 1:10 p.m.
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Charleswood—St. James—Assiniboia Manitoba

Conservative

Steven Fletcher ConservativeMinister of State (Democratic Reform)

Mr. Speaker, I listened to the member's comments with interest. I find it ironic that the member talked about fundraising when the Bloc, by far, relies almost solely on a taxpayer subsidy from the Canadian taxpayer for the running of its party.

Bill C-10 does limit the term of senators. The member is advocating the abolition of the Senate, which is not possible without significant constitutional reform and would, by the way, reduce the number of representatives in Parliament for Quebec by 24. Therefore, the member is actually arguing to reduce the representation of Quebec.

We are arguing for Quebeckers to be represented in Parliament. We are arguing that there be some accountability and that in conjunction with the eight year term limit, there be voluntary elections by the provinces.

Why does the member not want Quebec to be promptly represented, democratically, in this chamber?