Bill C-10 (Historical)

Constitution Act, 2010 (Senate term limits)

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

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

Constitution Act, 2010 (Senate Term Limits)

[Mario Laframboise, Bloc, Argenteuil—Papineau—Mirabel, QC]

Mr. Speaker, I am pleased to rise on behalf of the Bloc Québécois to speak to Bill C-10 to alter senators' tenure.

The Bloc Québécois opposes the principle of Bill C-10. This is not the first time the Conservative Party has tried reforming the Constitution without the provinces' approval. Personally, I am not a big fan of the Canadian Constitution, but the fact remains that outside of Quebec, Canadians identify with the Constitution.

In the late 1970s, the Supreme Court of Canada considered the capacity of Parliament, on its own, to amend constitutional provisions relating to the Senate. According to a ruling handed down in 1980 regarding that capacity, any decisions related to major changes affecting the essential characteristics of the Senate cannot be made unilaterally. Quebec has already informed the Conservative government that it will not accept any changes to the Senate, apart from abolishing it. That is a fact.

The Conservatives are still trying to turn a blind eye to the fact that the vast majority of Quebeckers want the Senate simply to be abolished because this political structure is outdated. I have statistics from a poll taken in 2010 to prove it.

I know what I am talking about because I have to live with the fact that a Liberal senator has decided that his son will be my opponent in the next election. I will not say his name because he does not deserve it. I have no problem with that. I had not seen him at all since 2000; I have been here for 10 years. He pushed to have his son be my opponent. I see this senator almost every weekend. He does fundraising for his son's election campaign. Senators are fundraisers for the Liberal Party, as seen by this example.

The same is probably true for the Conservatives; senators are fundraisers. I had never seen him or heard him. He is a former Liberal cabinet minister who had to step down because of a controversy he was involved in. I will have a chance to bring that up during the election campaign; I have a few more secret weapons that I am saving for the election. The fact remains that I find it completely ridiculous to have a second democratic system.

The people elect us here to the House of Commons to pass laws. This week, an environment bill was before the Senate for discussion and passage and it was supported by the majority of the House. The government needed to have its hands completely free before the Cancun summit and it decided to give orders to its unelected senators to cut short their study of this very important bill on the environment. The Conservatives are using the Senate for purely partisan purposes, as did the Liberals when they were in power.

Citizens who work extremely hard have seen their retirement savings eroded as a result of the economic crisis. Company pension funds were affected. People lost money on their RRSPs and other savings. In my opinion, this second system, which is costing the state a lot of money, should be abolished.

Quebec abolished its upper chamber a number of years ago, and Ontario did the same. We have to change with the times. This is not the first time that I have said in the House that the Conservatives are like the Liberals. They are two old parties that no longer deserve to govern Canada because they are doing things the same way they were done 100 years ago.

They have not changed. I see proof of this every weekend. There is a Liberal senator who is fundraising and trying to help set his son up as my opponent. This is the first time in the past 10 years that I have seen him. He simply decided that he was going to become involved in politics. I had never heard anything about him or read anything about him in the paper. Yet, for the past while, he has been trying to get out in the public eye to raise his political profile through his son's activities.

I do not have a problem. We will beat him; that is not a problem. It is just that it must be disappointing for the people watching these goings-on. I have heard all sorts of comments from people who have just seen him for the first time as senator. They are wondering what he is doing at certain events and so on. It is not good for him, but it is good for me. It is not good for democracy because people find it frightening that public funds are being used to finance a Liberal Party fundraiser, but that is what the Liberals used to want to do. The Conservatives want to try and change that. All this bill does is limit senators' terms to eight years. Replacing one senator with another will not change anything. We simply need to abolish this outdated institution outright since it has no virtues and only serves to raise funds for the older parties, such as the Liberal and Conservative parties.

That is the reality in an era where, every day, the people who listen to us work hard to pay their taxes. They pay taxes every day. They purchase items and pay sales tax, the GST, the QST. Some of their money is used to pay for these institutions, that is, the House of Commons and the Senate, among others.

I can provide statistics from a Léger Marketing poll carried out in Quebec in 2010. It is important. Whatever people thing, the fact remains that polls are used a lot, even in politics. We are living in the age of polls. As for Quebec respondents, only 8% believe that the red chamber—the Senate—plays an important role and that the system for appointing senators works well, whereas 43% want the Senate abolished. Another 23% do not understand how the Senate works and do not see the purpose it serves. They know so little about it that they have no opinion about the Senate. It is quite telling that 23% of respondents do not even know that the Senate exists. But that is the reality, and it can easily be explained by the fact that senators are just fundraisers who we see during election campaigns.

The Conservative Party fuels this opinion, and its own position is quite archaic, as we can see when it comes to the environment. The Conservative Party is not very evolved, but it came out of the Reform Party, which was already not very evolved. The Liberals are determined to have a debate because they are likely going to vote against this bill. I commend them for that, but they have never talked about abolishing the Senate. I do not know of many Liberals who would want to abolish the Senate, because it serves them well.

The Senate will serve them in my riding, because there is a Liberal senator who is promoting and lobbying for his son and spending Senate money to attend events while fundraising and so on. He probably has the money. He is entitled to do what he is doing, but people are not fooled. People can see that a senator is ultimately just a political tool, nothing more.

Members will understand that the Bloc Québécois will vote against Bill C-10.

[Steven Fletcher, Conservative, Minister of State (Democratic Reform)]

Mr. Speaker, it is important to realize that Bill C-10 will apply to all the senators that the Prime Minister has appointed since 2008, upon royal assent.

The member has talked a lot about the fact, and I think we agree, that there is an undemocratic and unaccountable nature to the Senate that we would like to improve. The NDP's position is to abolish the Senate, but that will not happen, to be realistic. However, we can introduce term limits and we can also have Senate elections.

I wonder if the member could reflect on this scenario. We have term limits of eight years. We have the Senate selection act, where Canadians would be able to elect their senators to the other chamber. Canadians could end up with a scenario where Canadians elect an NDP member to the Senate, so the NDP could end up with senators. If there were problems like the ones on Tuesday night, NDP senators could stop what the member is complaining about. At least that would be an improvement. Would the member not agree?

[Bill Siksay, NDP, Burnaby—Douglas, BC]

Mr. Speaker, I am very pleased to have this opportunity. It is good to have a chance to speak to Bill C-10, An Act to amend the Constitution Act, 1867 (Senate term limits). This bill actually seeks to establish a term limit of eight years for senators in Canada. That is the key part of this legislation.

What we are actually debating today is an amendment to the main motion that was moved by my colleague from Skeena—Bulkley Valley. The amendment motion reads:

“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”.

It is an unusual step for us to move that kind of motion in debate on a bill like this, especially a bill that we had indicated we would support to get to committee for further discussion and for improvement. We were already saying that, even though we have very serious problems with the Senate and even though we have called for the abolition of the Senate, we were prepared to see this bill debated further and hopefully improved at committee.

The events of the past week have certainly changed our opinion about what should be done about the Senate at the present time and the government's attitude towards Canada's democracy and how this Parliament functions.

What I am referring to there is the decision by the government and by the Prime Minister to call on his senators to defeat the climate change accountability act, a private member's bill that moved all the way through the House of Commons. It was debated here in the House. It went to committee and had lengthy hearings.

It was a lengthy process on that bill by the elected representatives of the Canadian people here in the House of Commons. It passed all stages here in the House and was sent to the Senate, where it languished for months.

It was finally passed back in the spring of this year and sat in the Senate without any action until earlier this week when, out of the blue, the bill was called and defeated. It was without a hearing, without reference to a committee, nothing. There was no activity and no debate whatsoever at the Senate.

This is clearly an action by the government to defeat the only possibility of Canadian action on climate change that was in the works. This bill was something that New Democrats had put forward. It was put forward in the last Parliament.

Our earlier attempt at the climate change accountability act in the last Parliament, the 39th Parliament, was Bill C-377. After a great deal of hard work on the part of many members of the House of Commons with input from environmental leaders and other leaders from across Canada, that actually passed through the House of Commons in 2008. That was a cause for celebration among Canadians who are concerned about climate change and the environment.

That was the first time any legislature in the world had actually passed legislation that would deal with the post-Kyoto greenhouse gas reduction targets.

Canada, this Parliament, this House of Commons took an extremely important step in the last Parliament, in 2008, with the passage of the climate change accountability act. Unfortunately the election was called and interrupted that progress. It stopped the bill in its tracks, and that meant it had to start all over again when we returned after the election in 2008.

New Democrats did put it back on the agenda. Our member from Thunder Bay put that bill back on the agenda and had it debated here in the House. It went through the same long, laborious process and was again passed in May 2010.

On two occasions, the elected representatives of the Canadian people, the members of the House of Commons, have dealt with this important piece of legislation and have passed it. When it was finally sent off to the Senate, where in our process it needs to be dealt with further, going through the same kind of process, the unelected and unaccountable members of the Senate, presumably under marching orders from the Prime Minister, killed the bill without so much as a debate, without so much as a referral to committee for further study.

It is an absolutely outrageous affront to our democracy and an unconscionable use of the power of the Senate, of the unelected and unaccountable appointed Senate.

This bill, the climate change accountability act, would have established greenhouse gas reduction targets 25% below 1990 levels by 2020 and 80% below 1990 levels by 2050. It was hailed as important legislation by many respected people.

I have to point out that Mark Jaccard and Associates, an independent environmental assessment firm, did a survey of this bill. Mr. Jaccard is an important environment scientist from Simon Fraser University. Its conclusion about Bill C-311, the NDP's climate change accountability act, was that the targets it established would also encourage growing economy, increasing jobs and improving the quality of life for Canadians. It said there was a positive impact of this bill, an analysis that flies in the face of the government's blanket denunciation and rejection of the proposals in the NDP's climate change accountability act.

Unfortunately, this action has stopped. Any reasonable, effective or appropriate Canadian response to climate change was stopped dead in its tracks. It was our best opportunity and it is gone. It was done by unaccountable, unelected senators appointed by a Prime Minister who at one time did not seem to have much regard for the unelected, accountable Senate.

On a number of occasions, we have seen the Prime Minister and his Reform predecessors have had great criticism for the Senate. In December 2005, the Prime Minister said, “An appointed Senate is a relic of the 19th century”. I have to agree with the Prime Minister. It is not often that I do, but on that I certainly do. An unelected, appointed body is a relic of another era. It is an anti-democratic relic of a colonial era.

Some of the requirements to be a senator are relics of that era as well, such as the fact that senators have to be 30 years old before being appointed and that people have to own property outright in Canada before becoming a senator. Even though the threshold is now really low, the intention years ago was to make sure that senators were from the moneyed classes. They had the expectation that they would represent that class in Canada.

Today the threshold is low, but the requirement is still there. We have even seen in the past an interesting example when a nun was appointed to the Senate and, because of vows of poverty, did not have any property. Her order had to actually transfer some land into her name so she could take her seat in the Senate.

It points out the ridiculousness of that requirement. If it were a legitimate body, any Canadian of voting age, no matter what the individual's personal economic circumstances, should be able to serve in a body in the Canadian Parliament. However, not in Canada and not with the Senate. The Prime Minister was right. This unelected, unaccountable body is a relic of another era and of the 19th century.

In March 2004, the Prime Minister also said, “I will not name appointed people to the Senate. Anyone who sits in the Parliament of Canada must be elected by the people they represent”. How many times has the Prime Minister broken that promise and turned his back on that important statement of principle that came out of the convictions of the Reform Party, his predecessors? It boggles the mind the number of times he has chosen to ignore that advice.

In this corner, we are very concerned and outraged by what happened this week. It is ironic that we have this bill that would establish a term limit for senators, but that is not the issue. The issue is still that they are unelected, appointed by the Prime Minister and unaccountable to anybody. Whether they are there for 8 or 45 years, it is still an inappropriate, unelected and unaccountable body, and it should not be part of our system. It is an affront to democracy, and we need to abolish this relic of the past.

This is a very important issue. I am glad we were able to debate it this week, given that Bill C-10 was on the agenda when the inappropriate use of the Senate's power was mandated by the Prime Minister to kill the climate change accountability act. We are very lucky to have had this opportunity to draw to the attention of the House and Canadians why this body is inappropriate and why this proposed Senate reform bill does nothing to address the main problems with the Senate.

The House resumed 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, and of the amendment.

[Mario Silva, Liberal, Davenport, ON]

Mr. Speaker, I am pleased to speak to Bill C-10, An Act to amend the Constitution Act of 1867.

The purpose of this bill, as we all know, is to limit the tenure of the Senate appointments to one, non-renewable eight-year term. I have to say that I support the bill going to committee for possible amendments and to allow all stakeholders, including the provinces as well as constitutional experts, to testify on the changes that the Conservative government wants to make to the Senate of Canada.

I believe strongly in reform, but this type of reform must be in the best interests of Canadians, reflect sound public policy and respect the Constitution.

While the Constitution Act of 1867 does not say anything specific to exclude the authority of Parliament to make amendments to Senate term limits, the Supreme Court commented, in a reference case on the upper house, that alterations that would affect the fundamental features or essential characteristics given to the Senate, as a means of ensuring regional and provincial representation in the federal legislation process, would require provincial consultation. The role and tenure of a senator was determined by the provinces initially, in order to meet the requirement of a federal system.

For there to be meaningful reform, there must be meaningful consultation. Few Senate reform proposals throughout the years have looked at the role and function of the Senate, they were always on the political image. The Supreme Court reference concluded that the constitutionality test for reform would be best fit if it met the requirements for independence; the ability to provide sober second thought; and the means to ensure provincial and regional representation.

Former senator Michael Pitfield said:

The Senate should not be a duplicate of the House of Commons, but a complement: a somewhat less partisan, more technical forum with a longer-term perspective. Appropriately designed Senate reform could provide greater countervalence against the executive, more useful national debate and sharper administrative supervision - not only within the Senate itself, but in Parliament as a whole.

The role of the Canadian Senate is often undervalued. It is an integral part of the Canadian system of checks and balances.

Canada's founders were well educated and read The Federalist Papers. They wanted to avoid as many of the mistakes that were made in the United States as possible, but also could see what worked. They knew well that a counterbalance to a tyranny of the majority was vital.

Sir John A. Macdonald said, “We will enjoy here that which is the great test of constitutional freedom — we will have the rights of the minority respected.”

Political pressures, partisanship and overall workload can cause bills to be passed through the House of Commons without proper consideration. The sober second thought provided by the Senate allows for careful legislative review in the best interests of Canadians and public policy.

The Senate has a wealth of institutional knowledge and has issued some of the most comprehensive reports on issues that are important to Canadians. The Senate committee on national security has engaged in several in-depth examinations of Canadian security, especially in the wake of 9/11, including a recent report on airport security.

Senator Carstairs issued an important report on Canadian seniors and our aging population. As we determine now how we will go forward with jobs and health care, and the economy as a whole, as the largest portion of our population begins their golden years, no issue is timelier.

The Senate subcommittee on cities recently issued a very important report on poverty, homelessness and affordable housing in Canada.

The Senate is able, in its current form, to engage in long-term, in-depth studies of these vital issues. Our current Senate is a vital element of liberal democracy, which values the necessity of opposition. Absolute democracy turns into majoritarianism. The Senate of Canada is an important institution and deserves proper consideration and adequate consultation.

There are dozens of experts to be heard from as well as provinces that are equally affected by any changes we make to this austere chamber.

It is imperative that we ensure this bill is constitutional and that reforms that are suggested are in the best interests of Canadians and Canadian institutions.

The Senate is not one of many political tools in a legislative arsenal. It is an independent, important legislative body in its own right. The government must respect the Constitution and Canadian institutions.

[Pierre Paquette, Bloc, Joliette, QC]

Mr. Speaker, I want to thank the hon. member for his question and comments.

I basically agree with the hon. member in that this week, the Senate breached a tacit agreement between the House of Commons and the Senate whereby the House of Commons makes a decision and the Senate takes a second look. There have been times when the Senate has made amendments that have improved bills and that is great.

However, it is not up to the Senate to make decisions on behalf of the Canadian nation or the Quebec nation. It is not representative. It is not elected. It is an archaic institution, a legacy of the colonial period. I think what happened this week with Bill C-311 is extremely serious and makes the case for abolishing the Senate. I am glad to hear that the hon. member would agree to abolishing the Senate through constitutional negotiations, which is the only way that is possible under the Canadian Constitution. The Supreme Court has reiterated that, as have the Government of Quebec and the National Assembly.

I will close by saying that, in recent months, the Senate has been extremely partisan both in terms of the bills before us and the appointments made by the Prime Minister. In fact, he had said that he would not make appointments until there was Senate reform. When there was a threat to his partisan interests, he again broke his promise and appointed senators to ensure that the Senate would be a conduit for the will of the Prime Minister's Office and the government. That is deplorable. This strengthens the case for abolishing the Senate. Once again, we will be voting against Bill C-10.

[Pierre Paquette, Bloc, Joliette, QC]

Mr. Speaker, I would like to start by reminding the House that the Bloc Québécois vehemently opposes Bill C-10, which would create a single eight-year term for senators appointed by the government. In fact, all the currently serving senators were appointed by the government. We will also support the NDP amendment.

This bill needs to be considered in connection with another proposal by the Conservative Party and the Prime Minister to hold a sort of public consultation to create lists of candidates from which the Prime Minister could choose future senators. We need to look at these two things together to see what the government is trying to do, which is to carry out a substantial reform of the Senate.

I agree completely with some of the NDP's comments that the Senate is an undemocratic institution and a remnant of Canada's colonial past. We are also in favour of abolishing the Senate.

Until recently, there was a tacit solution. The Senate as a political institution is the result of partisan appointments. We need to acknowledge that the Liberals made partisan appointments, just as the Conservative Party is doing now. Because the Senate is unelected and undemocratic, the senators were at least smart enough to respect the will of the only elected house of Parliament, the House of Commons.

We share the same disappointment. I would even say we are shocked that the Senate refused to endorse Bill C-311, which this House had passed. To my way of thinking, something that had existed for 80 years has been broken, and that is a serious problem. We should solve that major problem by abolishing the Senate, but we cannot do that unilaterally. Neither the House of Commons nor the government can decide to abolish or change the Senate, even though it does not have much public credibility.

Recently, in March 2010, Leger Marketing conducted a poll in Quebec and Canada. Overall, the results were the same, although the figures in Quebec were higher. Only 8% of Quebeckers believe that the upper chamber plays an important role and that the system for appointing senators works well; 22% of Quebeckers would rather have senators elected, but 43% supported abolishing the Senate. I should point out that 20% of Quebeckers opted not to answer the question, which shows just how irrelevant they think this institution is.

I said that we would be in favour of abolishing the Senate but that constitutional negotiations were necessary. The same goes for the threat the Prime Minister has been making for a number of months now that if these two reforms are not approved by the Senate, he will abolish it.

Unfortunately for him, he does not have the right to unilaterally abolish the Senate. Neither the Prime Minister nor the House of Commons can do that because the Senate is part of a parliamentary system agreed upon a very long time ago by the provinces and the federal government. I will read a quote from Benoît Pelletier on that topic later on. Mr. Pelletier is a constitutional expert at the University of Ottawa who was once minister of intergovernmental affairs for Quebec's Liberal government.

The same goes for Bill C-10. The Prime Minister and the Conservative Party want to create a so-called list of candidates for the Senate based on consultations with the public. All of these reforms require constitutional negotiations with the provinces.

Furthermore, the Supreme Court of Canada was very clear about this in a ruling from the early 1980s entitled Re: Authority of Parliament in relation to the Upper House. It very clearly says that when seeking to change the essential character of the Senate, constitutional negotiations are required.

All of the constitutional experts who appeared before the committee that was struck prior to the election, except for maybe one who was very close to the Prime Minister's Office, told us that this entails amendments to essential characteristics of the Senate, whether we are talking about Bill C-10 or the desire to create some sort of pseudo-democratic consultation to come up with a list of senators. They also told us that, taken together, the two reforms would further alter essential characteristics of the Senate.

The Supreme Court was very clear: there would have to be constitutional negotiations. The main problem with this bill is that the Prime Minister and the Conservative Party are trying to do indirectly what they have been unable to do directly. As I mentioned, we will vehemently oppose it.

I would like to come back to a quotation from Quebec's former intergovernmental affairs minister, Benoît Pelletier, who is also a professor at the University of Ottawa. He 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.

At the time, Mr. Pelletier gave an excellent summary of Quebec's traditional position, which is shared by both the Government of Quebec and the National Assembly. I would also remind the House that in 2007, when we were debating a similar bill, 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.

The Supreme Court, the Government of Quebec, the National Assembly and the constitutional experts who appeared before the legislative committee that was studying the bill before the 2008 election have all been clear regarding the fact that the amendments proposed in Bill C-10 and in the previous bill are changes affecting the Senate's essential characteristics and therefore require constitutional negotiations.

Furthermore, it is quite clear to us that, taken together, the bills introduced by the Conservative government clearly illustrate, for the first time, its desire to reduce Quebec's political weight within federal institutions. While that desire has always been a reality, the Conservatives are now being very open about it. This is obvious not only in their attempts to unilaterally impose these two bills, which is unconstitutional, but also in their desire to increase the representation of the Canadian nation by adding another 30 seats to the House, to the detriment of the Quebec nation's representation.

If ever this bill introduced by the Minister of State for Democratic Reform—how is that for an oxymoron?—were to pass, Quebec's political weight in the House would be less than its demographic weight. Rest assured that we will do everything in our power to make sure that never happens. For example, Prince Edward Island has four MPs and that is just fine. The Magdalen Islands have only one MNA, and we have no problem with that either. Mathematically, it cannot be proportionate. Other factors have to be taken into account, as was done for Prince Edward Island. In Quebec's case, we have to recognize, as the House has, that it is a nation within the Canadian nation and that this nation has to have at least 25% of the seats in the House in order to express the voice of Quebec.

In light of these circumstances, not only are we going to vote against Bill C-10 if it ends up in committee, at report stage or third reading, but for now, we are also unequivocally going to support the NDP amendment.

[Claude Gravelle, NDP, Nickel Belt, ON]

Mr. Speaker, I rise today to speak on the amendment to Bill C-10, an act to amend the Constitution Act, 1867, regarding Senate term limits.

For the record, the amendment calls for striking out all of the words in the motion 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.

The New Democrats' position is clear. This bill falls far short on the changes necessary if the Senate is ever to be effective.

I wanted to rise during this debate because there are some important points that need to be made.

At the outset, I want to address the cynical workings of the government. It knows, as does every MP in this chamber, that the length of time that the senators stay in their appointed seats is not the real issue. The real issue is how they got to the Senate in the first place.

We know that the 35 unelected senators appointed by this Prime Minister were instrumental in killing, without debate, Bill C-311, the climate change accountability act by my colleague from Thunder Bay—Superior North.

Bill C-311 would have committed the federal government to achieving practical, science-based greenhouse gas reduction targets.

Bill C-311 was passed by a majority of the elected members of Parliament, representing the majority of Canadians.

This Prime Minister said in 2004, “I will not name appointed people to the Senate. Anyone who sits in the Parliament of Canada must be elected by the people they represent”.

For the record, let me name those unelected Conservative senators who voted to kill Bill C-311. They include David Angus, unelected, unaccountable; Pierre-Hugues Boisvenu, unelected, unaccountable; David Braley, unelected, unaccountable; Patrick Brazeau, unelected, unaccountable.

I would like to talk a little about Senator Brazeau. I would like to quote Don Martin in an article he wrote, from February 3, 2009:

It's hard to imagine how such a thoroughly damaged resumé could've survived the supposedly ruthless scrutiny of the Prime Minister's Office, particularly when the job is a 40-year guaranteed Senate gig with an annual salary of $130,000 plus perks....

The man described in his bio as a loving father of three is darn close to qualifying to be a deadbeat dad with the mother of one offspring telling CTV that Brazeau hasn't seen or properly supported his 14-year-old son in eight years.

He questions whether this is the calibre of individual the Prime Minister had in mind when he set out to reform the Senate.

The list continues with Bert Brown, unelected, unaccountable; Claude Carignan, unelected, unaccountable; Andrée Champagne, unelected, unaccountable; Ethel Cochrane, unelected, unaccountable; Gerald Comeau, unelected, unaccountable; Anne Cools, unelected, unaccountable; Consiglio Di Nino, unelected, unaccountable; Fred Dickson, unelected, unaccountable; Mike Duffy, unelected, unaccountable, and it must be pretty tough for this guy, carrying the party line instead of asking tough questions of politicians; Nicole Eaton, unelected, unaccountable; Suzanne Fortin-Duplessis, unelected, unaccountable; and Linda Frum, unelected, unaccountable.

As well, there was Irving Gerstein, and I will expand a little on this senator.

In his 2007 book on the Prime Minister's team, subtitled Behind the Scenes in the Conservative Rise to Power, Tom Flanagan, a former top PM adviser, had this to say:

Under Irving Gerstein's direction, the grassroots model of fundraising has built the Conservative Party into a financial powerhouse

What is his reward? It is $130,000 plus perks, all on the taxpayers' dime. What a slap in the face to Canadians. This is the senator who is going from community to community, province to province, raising funds for the Conservative Party.

The list continues with Stephen Greene, unelected, unaccountable; Leo Housakos, unelected, unaccountable; Janis Johnson, unelected, unaccountable; Noël Kinsella, unelected, unaccountable; Vim Kochhar, unelected, unaccountable; Daniel Lang, unelected, unaccountable; Marjory LeBreton, unelected, unaccountable; Elizabeth Marshall, unelected, unaccountable; Yonah Martin, unelected, unaccountable; Michael Meighen, unelected, unaccountable; Ruth Nancy, unelected, unaccountable; Richard Neufeld, unelected, unaccountable; Kelvin Kenneth Ogilvie, unelected, unaccountable; Donald Oliver, unelected, unaccountable; Dennis Glen Patterson, unelected, unaccountable to the Canadian people; Donald Neil Plett, unelected, unaccountable; Rose-May Poirier, unelected, unaccountable; Bob Runciman, unelected, unaccountable; Hugh Segal, unelected, unaccountable; Judith Seidman, unelected, unaccountable; Gerry St. Germain, unelected, unaccountable; Carolyn Stewart Olsen, unelected, unaccountable; David Tkachuk, unelected, unaccountable; John Wallace, unelected, unaccountable; and Pamela Wallin, unelected, unaccountable.

These are all the senators who killed Bill C-311.

Let me speak a bit about another senator who was not present for the vote, Senator Doug Finley.

Bill C-311 was killed by this unaccountable Senate.

How about Michael Douglas Finley, who had to be escorted by security out of the House of Commons committee because he showed up uninvited and refused to leave, displaying such utter disrespect for this great institution?

We could spend a lot of time on all the other worthy services he delivered for the Conservative Party, but we do not have time to go there.

The Conservative committee that searches for these candidates should take a lesson from DND and advertise on the Internet for candidates, on such sites as craigslist and soft porn sites, like DND did. It may end up with better candidates to appoint to the unelected, unaccountable Senate.

I notice the growing discomfort on the faces of Conservative members as I read the names of these unelected, unaccountable and unrepresentative senators into the record of this chamber.

Is it any wonder that even in the Conservative-friendly corners criticism is mounting about the Prime Minister's unbelievable record of broken promises.

Let me quote John Ivison, who wrote in the National Post this week:

All politicians are haunted by things they’ve said in the past. All governments are buffeted by events and forced to shift position.

But how many times can a politician say something and then do the precise opposite before even his strongest supporters start to doubt him? The bond of trust between Mr. Harper and Canadians is eroding, according to opinion polls by Nik Nanos.

The list of those broken promises is long.

Can members imagine how Preston Manning must feel about the actions of the Prime Minister?

The Prime Minister is betraying all those who voted for him and the Reform Party.

He is betraying all those who thought they were getting a new form of government, one that was not as morally corrupt as the previous Liberal government.

Instead, we have a hyper-partisan, morally bankrupt, anti-democratic government that is thumbing its nose at every institution that upholds democracy.

Democracy--

[Paul Szabo, Liberal, Mississauga South, ON]

Mr. Speaker, Bill C-10 is an act that would amend the Constitution Act. The summary states that:

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

More specifically, the bill states:

—a person who is summoned to the Senate after the coming into force of the Constitution Act, 2010 (Senate term limits) shall hold a place in that House for one term of eight years.

The bill is modest in size. It seeks to impose limits on senators rather than having them appointed until age 75 or until they choose to leave.

I looked back to where we have been with this issue. This issue came up in 2006. As a result of elections and prorogations, et cetera, the bill made no progress. It came up again last April. A couple of hours of debate were held in May. Here we are again still debating the bill at second reading. As members are aware, second reading is the first opportunity for parliamentarians to give their views on a bill proposed by the government.

I went back to the original speech given by the Minister of State for Democratic Reform. We all assume that the person championing the bill will give substantive reasons why the bill is a good one. We just said a prayer of good laws and wise decisions. I looked for those substantive reasons in the minister's speech but I did not find them. The arguments that were made by the minister were more pros than fact. They were some sweeping generalizations without the substance that parliamentarians would like to have.

I also notice that government members are not speaking to the bill. It has been introduced by one person and the opposition parties have spoken to the bill. If government members do not get up to defend a bill, one must ask why not? Why are they not prepared to stand in this place and take questions from the opposition about its concerns with the it?

One of the phrases that came out in the minister's speech was the “step by step approach”. There is no question that the government's plans in the longer term are to have either an elected Senate or maybe to abolish it altogether.

If we look over the history of this issue since 2006, we will see that the Senate has been maligned. It has constantly been pointed out that the Senate is composed of unelected senators. It is undemocratic. It is full of all kinds of terrible people, who just sit there and serve for 45 years. We have been hearing all the negatives about the Senate. The Senate is a Canadian institution. We know the government's record in terms of respect for the institutions of our country.

The way the government has handled this, or not handled it, demonstrates, yet again, that the government really does not care if the bill gets passed. It does not care if we move it through the system and get it dealt with because it has a political benefit if not passed. It is like a political football. It is like the cat playing with the wool. When problems come up, the government will bring back the bill and take some shots at those terrible senators.

Having been here 17 years, I know many senators. Everybody in this place knows that the Senate does better committee work and study work than the House of Commons. The reason for that is because senators do not have constituencies that take up 60% of their time.

Senators are doing the job here. They are the sober second thought. They have the time to give to the studies, to hold comprehensive hearings and to go abroad to meet with other jurisdictions that have the same or similar problems or have entertained some changes. They take the time to do it.

I also note, and the members will also know, that the camaraderie within the Senate is better than it is in the House. Those people have great meetings. I was the chair of the scrutiny and regulations committee. Anybody who has attended a Senate meeting can see how important it is to have the institutional memory of some of the key areas that went by. We have files before the scrutiny of regulations committee that go back 25 years on the Fisheries Act, and the Minister of Fisheries would know that. The senators and many of those people have been there know what the arguments are.

One reason the Conservatives use to limit the terms of the Senate is that people lose the capacity to have fresh ideas. We get stale and we have to turn it over so we get some new ideas. I reject the argument totally. The example I will use to demonstrate it is the Supreme Court of Canada.

Would the government also argue that the judges of the Supreme Court of Canada lose the capacity to have any new ideas, to learn, to do good work? Absolutely not. Will we reform the Supreme Court so we can turn them over a lot faster? Absolutely not. It is not in the public interest nor in the interests of our country.

This is a one step by one step approach, but it is an approach in which the Conservatives do not want to engage. They would rather have this issue on the table, continuing to give them the opportunity to say what an undemocratic institution it is, unelected, not accountable, et cetera. I think they tasted blood this past week, when the Senate majority of Conservatives were instructed to kill a bill on climate change even before it was sent to a Senate committee for consideration.

Now the Conservatives can deal with it here. When they finally have to be pushed to put something through to the Senate, they know they have the Senate tool. This game is being played out on so many items. Members will be aware of all of the justice bills.

In looking at the minister of state's speech, he seemed to think that people of age had a problem, that when they reached 75, they were really coasting, that they do not have a clue and that they cannot do this. I am not sure whether the Canadian Human Rights Commission would agree with the principle that when one reaches a certain age, somehow one has to be treated differently.

The Prime Minister appoints senators. If the Conservatives are concerned about people serving for too long a period, why would they appoint somebody who is 35 years old? If we look at the people in the Senate, these honourable senators, we will see some people of great character, of great information and knowledge, representing the cross-section of our country and every geographic corner of our country.

I was disappointed at the lack of substance in the minister's speech in justifying the bill. I agree with the other parties that the bill should go to committee so we can have others, outside of this chamber, come before the House of Commons committee and explain to the government why its presumptions on which the bill is based are faulty and not in the public interest.

The House resumed from November 17 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, and of the amendment.

Constitution Act, 2010 (Senate term limits)

[John Baird, Conservative, Leader of the Government in the House of Commons and Minister of the Environment]

Mr. Speaker, I am rising on a point of order because of what happened during question period.

I saw a newfound enthusiasm for Senate reform from our friends in the New Democratic Party, so I wanted to ask if there is unanimous consent for the following motion:

That, notwithstanding any standing order or usual practices of the House, the second reading amendment to Bill C-10, An Act to amend the Constitution Act, 1867 (Senate term limits), be deemed to have been withdrawn, Bill C-10 be deemed to have been read a second time and referred to a committee of the whole, deemed to be considered in committee of the whole, deemed reported without amendment, deemed concurred in at report stage and deemed read a third time and passed.

Business of the House

[John Baird, Conservative, Leader of the Government in the House of Commons and Minister of the Environment]

Mr. Speaker, let me make an undertaking to my colleague, the House leader of the official opposition, to make enquiries into that and respond to him in short order.

The House will continue today with the opposition motion.

Tomorrow we will continue debate, and I know the NDP will be excited about this, on Bill C-10, Senate term limits; Bill C-19, regarding political loans; followed by Bill S-3, tax conventions implementation.

On Monday and Tuesday of next week, we will call Bill S-3, tax conventions implementation; Bill C-3, gender equity in Indian registration; Bill C-28, fighting Internet and wireless spam; Bill C-22, protecting children; Bill C-29, safeguarding personal information; and Bill C-30, response to the Supreme Court of Canada decision in R. v. Shoker.

On Wednesday and Friday we will call Bill C-41, strengthening military justice; and Bill C-43, RCMP labour modernization.

Thursday will be an allotted day. I believe this allotted day will go to the Bloc Québécois.

With respect to a take note debate, there have been discussions amongst the parties. There have not been a lot of take note debates. Two weeks ago we had one on veterans issues. I believe next week we will be having one on the issue of pensions, which I know is a concern for all of us, but particularly this was brought forward by the House leader for the official opposition. I believe we are looking at Tuesday night for that.

I appreciate the co-operation we have had from all parties. This gives members an opportunity to bring issues relevant to their constituents forward in the House.

Democratic Reform

[Steven Fletcher, Conservative, Minister of State (Democratic Reform)]

Mr. Speaker, yesterday the NDP withdrew its public commitment to support our legislation that would limit Senate term limits from 45 years to 8 years. The member for Hamilton Centre was clear that this was not motivated to make Parliament work, but was in retaliation. Here is a chance for the NDP to make Parliament work.

I ask for unanimous consent to immediately pass Bill C-10 at all stages.

Constitution Act, 2010 (Senate term limits)

[Steven Fletcher, Conservative, Minister of State (Democratic Reform)]

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

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

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

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

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

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

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

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

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

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

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

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

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

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

[Carole Lavallée, Bloc, Saint-Bruno—Saint-Hubert, QC]

Mr. Speaker, once again, for the umpteenth time, the Conservative government is introducing Bill C-10 on Senate reform to limit senators' terms to eight years. This government bill is unacceptable because such a change represents a major modification to the Senate structure. That can only be achieved through a Constitutional amendment, which requires the approval of seven provinces representing 50% of the Canadian population.

The Conservative government's desire to unilaterally change one of the major elements of the Senate structure shows its complete lack of respect for provincial powers. This proves, once again, as though it needed to be proven, that this government—which was elected on the promise of governing in a less centralist fashion and showing greater respect for the provinces' jurisdictions and aspirations—feels utter disdain for the provinces and for Quebec in particular.

In fact, evidence to that effect continues to accumulate. The Conservative government always opposes any proposals that would give tangible expression to the recognition of the Quebec nation. It has never put words into action. On the contrary, it refuses to recognize that the Quebec nation has one language: French. Instead, it keeps trying to make Quebec even more bilingual by, among other things, making it impossible for companies under federal jurisdiction to be subject to the Charter of the French Language and Bill 101. It refuses to take into account the existence of our national culture, whether in the administration of our laws or the operation of the institutions that reflect our culture and identity. It refuses to recognize that our nation has needs and aspirations that differ from those of the rest of Canada. Instead, it continues to promote a form of multiculturalism that makes the French fact, the Quebec fact, a minority among other minorities and encourages immigrants to preserve their culture, all to the detriment of the continuity of our national culture, which is directly threatened as a result. This Conservative government refuses to even consider the possibility that Quebec should have its own radio-television and telecommunications commission to make regulations based on Quebec's unique interests and challenges.

Another aspect of this government's centralist policies is the fact that it wants to create a single securities regulator for all of Canada, even though the current system works perfectly well. We already know that it will refuse to limit federal spending power in the provinces.

And that, unfortunately, speaks to government's worthless commitment to give the provinces, their areas of jurisdiction and their aspirations more respect. Now this government is pushing its centralist interests even further, going over the heads of Quebec and the provinces in order to unilaterally impose changes to a major element of Canada's democratic system. And these changes, as we pointed out earlier, require amendments to the constitution and approval from the provinces.

The Canadian Constitution is a federal constitution. Everyone should know that, but apparently they do not. 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. These types of changes affecting the essential characteristics of our federal democratic system cannot be made unilaterally by Parliament and must instead be agreed upon by the provinces. The government is clearly choosing to ignore this reality.

The Quebec government—led by a federalist party, I should add—clearly expressed a similar opinion. In November 2007, the 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.

The government was thus formally requesting the suspension of proceedings on Bill S-4, which became Bill C-10 on Senate term limits.

Naturally, the Conservative government may believe that it can point out that Quebec is zealously defending the principles of a Constitution that it refused to sign. Quebec's position on this matter is far from contradictory. In fact, it is and always has been very clear: there will be no Senate reform until the issue of Quebec's status is settled.

The Conservative government undoubtedly wants to avoid that problem. However, it cannot circumvent the will of Quebec and the provinces in an area by going it alone within their jurisdiction.

This very clearly shows that Bill C-10 proposed by the current federal government would directly thwart the aspirations of Quebec and the other provinces. We are also concerned that this would create a precedent, allowing the federal government to get its foot in the door.

This does not mean that the Bloc Québécois is opposed to making any change to the Senate. But it is clear that Senate reform is not at all in keeping with Quebeckers' aspirations. They are rather indifferent about Senate reform.

According to a Léger Marketing poll conducted in March 2010, only 8% of Quebeckers believe that the Senate plays an important role and that the current appointment system works well; 22% of Quebeckers would like senators to be elected rather than appointed; and 43%, the largest group of respondents, would even be in favour of abolishing the Senate.

Clearly, in the current state of affairs, there is nothing about the Senate that can arouse the passion of citizens. Senators have an unfortunate reputation for high absenteeism and dereliction of duty. We should note that the Senate only sits 83 days per year.

However, the Senate also governs itself. It could make certain changes such as increasing the number of working days, reorganizing its committees to make them more effective, and adopting a more demanding schedule, along the lines of that of the House of Commons.

The government could also contribute to improving the institution's image by improving the quality of its appointments, by choosing more credible and more competent candidates rather than play the populist card and make purely opportunistic appointments. It should be noted that some senators are known for their absenteeism. Senator Jacques Demers, for example, was present for only 21 of the 83 short days that the Senate sits. That is less than one day in four on a schedule that is not very demanding.

And what can we say about Senator Pierre-Hugues Boisvenu who is a staunch defender of the families of victims of crime and kidnapping, but is in favour of getting rid of the firearms registry or, at least, removing hunting rifles from the registry? I gather that he never bothered to check what type of weapon Marc Lépine used in committing the massacre at École Polytechnique in 1989. What is more, in a logic that may raise some eyebrows, Pierre-Hugues Boisvenu blames the growing number of single mothers in Quebec society for the loss of hunting as an activity passed down from father to son. And again according to this senator, the decline in the popularity of hunting has a direct effect on the increase in highway accidents. It is unbelievable. This was published in Quebec newspapers.

This speaks volumes about some of the most prominent senators this Conservative government has managed to find. There is certainly nothing there to boost the Senate's image and nothing that is likely to get Quebeckers interested in the fate of the Senate.

In any event, it is clear that Senate term limits do not top the list of Quebeckers' priorities, to say the least. This government has enough to think about without having to get the public interested in an institution that many could see disappear without batting an eye.

Most importantly, it is totally unacceptable to allow the federal government to overstep its powers by circumventing the constitutional process, thereby trampling on the powers and aspirations of Quebec and the provinces and on its own commitments.