Constitution Act, 2010 (Senate term limits)

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

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

Sponsor

Steven Fletcher  Conservative

Status

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

Summary

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

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

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Constitution Act, 2010 (Senate term limits)Government Orders

November 17th, 2010 / 4:15 p.m.
See context

NDP

Nathan Cullen NDP Skeena—Bulkley Valley, BC

Mr. Speaker, it is with much anticipation and relish that I enter this debate on Bill C-10, regarding Senate term limits, not so much because what we have before us is something that can actually make things better for our country and for our future but because it gives me and my party an opportunity to talk about some of the worst aspects of our parliamentary system that exist right now and that need to be fixed in order to make this place better, in order to help begin the process of restoring the faith that Canadians need to have in their democratic systems.

I use the word “democratic” very specifically because all the discussion we are having here today in this democratic institution, in this House of Commons, is about some sort of historical relic, and that is what thePrime Minister used to call the Senate, an historical relic, in which being friends with the prime minister of the day is enough to get a person a job that does not end until that person is 75, which has no accountability whatsoever, no constituency at all, and uses up to $90 million a year of taxpayer money, for what purpose?

To listen to the Liberals talk about the Senate and accuse the Conservatives of stuffing the place with cronies is a bit rich. The entire history of their party seems predicated on the idea that simply being entitled is enough to gain power, that simply being connected, who one knows, is enough to have influence in the country. It is a crying shame, because at a foundation, every political movement, if it stands for nothing else, should stand for that moment when voters walk in to a ballot box and make a decision about their future and the future of their community. That is a sacred moment in our democracy.

In terms of hearing elected members in this place defend a Senate in which none of that happens and a senator simply knows somebody, I would like to read a quote. There are a number of great quotes, but a recent appointment of the Conservative government to the Senate, Senator Gerstein, said something that I think is very important for us to put into some context. On January 27, 2009, the good Senator Gerstein said:

Every one of you knows why you are here. I would ask if you might indulge me and let me tell you why I am here....

Well, I want to tell you that I do not admit to being a bagman; I proclaim it.

He does not want to admit that he has been a bagman for the Conservatives, a fundraiser, and a good fundraiser apparently; he proclaims it. He says that is why he is there, because he helped the government of the day raise money. That is why, not because of his ability to look over legislation or to think about the affairs of state, about where our country needs to go. It is because he can shake money out of the pockets of Conservative supporters better than the next guy. The Prime Minister seems to like that a lot, so he has given him this gravy train of a job. He is accountable to nobody. He gets paid $140,000 a year for doing virtually nothing if he so pleases, showing up less than 50 days to work.

Most Canadians would find this offensive, and do.

The reason we support and ridicule this particular piece of legislation is because it is tinkering around the edges of the fundamental problem, tinkering with the idea that we can somehow write on to an unaccountable place some level of accountability. We know it cannot be done this way. We are certain that when witnesses come forward and say the Constitution dictates this and dictates that, the tinkering around this $90-million slush fund that happens down the hallway is not going to enable any sort of democratic enhancement of the country.

Here is a sober second thought. There is no sobriety test when senators go into that place. There was no sobriety test last night when they took a piece of legislation that was voted on democratically here and they decided, without any debate, without any discussion at all, without any questions about a piece of legislation passed democratically, that they were just going to simply kill it.

Some of my hon. colleagues may say, “Well, so what? That is just one bill and maybe some of the Conservatives did not particularly like the bill”. To them I say, let us follow this through and talk about the future where an unelected, appointed body is able to override the democratic will of the chamber. We all come here with the bond between ourselves and our constituents that we seek through elections. We, parties and individuals, seek a mandate to do things that we hope will improve the lives of ordinary Canadians.

There is the idea that when we grind away on a piece of legislation, make changes, have studies and send that across, these folks are not going to tinker with it or smudge out a few lines; they will just kill it, and there is no recourse to that. The government says that, if it did not get its way in the elected place, it will get its way in the unelected place, and that is fine.

I ask the Conservative members to walk through what the future looks like if one of the fundamental constitutional traditions of parliamentary democracy in Canada begins to unravel, and appointed people with no accountability, no constituencies, no one to report back to, to hold them to a higher regard, are simply able to undermine laws and are simply able to veto the will of this place. What value are we getting for $90 million?

I wish it was only an irritant. I wish, for the $90 million we pour in there, that it was just a hassle once in a while. However that is not what we get. In fact, we have created a system and have allowed the system to go on existing in which we fund the erosion of our democratic principles. How utterly obscene is it that Canadians say they are paying people to go to work and undercut the work of elected members?

This allows direct control for the prime minister of the day. We know this. There is an interesting quote from a Conservative spin doctor that came out just after the Prime Minister broke the record on appointments. Canada is a relatively young country, but of many years and many prime ministers and circumstances, this Prime Minister broke the record in appointing 27 senators in one year.

A Conservative spin doctor said that we need Conservatives in the Senate who are loyal to the party, to the cause and to the Prime Minister. Notice in that list of loyalties that country was not mentioned. That is in fact what these folks are there for. That is why they got there, as Senator Gerstein has so eloquently pointed out. He says he is a bagman and proud of it, and that is how he got there. He was not just talking about himself; there are others, of course, who are there for their fundraising abilities not for their intellectual capacities or their devotion to this country.

I think we as Canadians are quite a forgiving people. We allow our politicians to make mistakes from time to time. There can be redemption. We can do something that we later regret and then correct the error.

What Canadians do not tolerate is outright hypocrisy. I will read a couple more important quotes into the record, because they are important. They are not that old, which I think is also significant.

From January 15, 2004:

Despite the fine work of many individual senators, the upper house remains a dumping ground for the favoured cronies of the Prime Minister.

Who said that? The current Prime Minister. We can only take him at his word, that in breaking the record of dumping-ground cronies he is ensuring that the system continues.

Here is another quote from a little later on, 2006:

A Conservative government will not appoint to the Senate anyone who does not have a mandate from the people.

It was “we will not”. It was not “we may not” or “we will consider”. That is as broken a promise as there can be. I think the thing that frustrates people who voted Conservative in the previous elections is that they believed these quotes, because they were so clear. They were not nuanced or subtle.

I know my Conservative colleagues sitting in the House today said similar things when the topic came up for them when they were in elections, when they were at all-candidates debates and the issue of the Senate came up. They had seen the Liberal Senate up close. They remembered the Mulroney years of stacking the Senate year after year, and they thought it was an abuse of power. I believed them. I think their constituents believed them. Certainly people who voted for them believed them, but how can they believe them now? How can they believe them now after this many years in power, having broken the record of cronyism?

Here is a last quote, which is a little older. It is from Hansard:

They are ashamed the Prime Minister continues the disgraceful, undemocratic appointment of undemocratic Liberals to the undemocratic Senate to pass all too often undemocratic legislation.

That was said by the current Prime Minister on March 7, 1996.

An appointed Senate is a relic of the 19th century. Why would the government come forward with a bill that seems to put a fresh coat of paint on an old relic and say this is brand new, this is something special?

New Democrats, because it is in our name, believe that democracy is something so fundamental that we have to fight each and every day for its survival and renewal, because democracy is not something we are entitled to. It was fought over. It was bled over for generations. Its maintenance requires us to sustain it.

There was a most egregious example just last night as we were all shocked to hear that the Senate called a snap vote. I am surprised the senators even bothered to vote. The vote was on a bill named, ironically enough, the climate change accountability act. What does the bill propose to do? The bill says we must set targets for our greenhouse gas emissions to reduce those emissions over the years and that the government must report on its plans and then report back on how those plans worked out. How offensive is that? The government would be accountable. Whether it was Liberal governments or the present Conservative government, there has been no accountability when it comes to climate change.

I can remember my Conservative colleagues railing about this when they were in opposition. They asked: Where is the accountability? Promises were made and promises were broken. This is what the act enshrined into law. It is the only climate change legislation in this place. It was, until the Senate called a vote last night and killed the entire bill.

One must think that the senators must have studied it. They had 191 days with it. They must have studied it. They must have found some fatal flaw, in their debate and discussions and hearing of expert testimony. But there was no testimony. There was no debate. There was no discussion. The senators just simply killed the bill outright with no reason given. A bunch of Liberals stayed away. A bunch of Conservatives voted to kill it, undemocratically. The Conservatives feel fine with this. It undermines all of our work. It undermines our principle of being here. It undermines the last election, the one before that and the next one. The Senate needs to be abolished.

Some will say this cannot be done, yet we know there are no senates at any of the provincial and territorial levels. But there were. In fact there were many. In 1892 New Brunswick said no more senate. Nova Scotia said it in 1928 and Quebec in 1968, in recent living memory. These provinces decided that the so-called sober second thought place was not worth the money or the time. They realized that they could actually be sober and have thoughts. They could do this. They do it all the time.

P.E.I. in 1893 and Manitoba in 1876 said no more senate. They tried senates. They had them. They were constituted. I am sure they thought they were valuable. Those with a vested interest in sitting in those senates thought they were valuable.

Is democracy any less in any of our provinces and territories? Do we concern ourselves in Ontario, P.E.I. or Quebec that democracy is somehow not being done, that sober second thought is missing and bills are going through that ought not to? Of course not.

The next question for Canadians is: If senators can do this with environmental climate change legislation, what else will they do it with? What is the next bill that the Prime Minister happens not to like but cannot win a vote here in the elected place and simply says never mind the election, because he will have the legislation killed down the hallway by his cronies, as he calls them?

The Senate seems to be the place for him to dump his cronies, his bagmen, spin doctors, past presidents of the party and failed candidates. The list is quite specific. One has to have some deep and profound and loyal connection not to country, God nor Queen, but to the Conservative Party. That is the qualification that is needed.

The government is tinkering around the edges and saying it will put limits on Senate terms. It seems to feel that if it puts an 8-year limit, the bagmen, spin doctors, past presidents and failed candidates will only get in for 8 years of patronage as opposed to the 20, 30 or 40 years of patronage. Any patronage is bad.

I remember Conservative-Reform-Alliance members all talking about the patronage gravy train that was the Liberal Party of Canada. The formation of the Reform Party was in response to the Progressive Conservative Brian Mulroney patronage. As he was leaving office, Mulroney could not sign those patronage appointments fast enough. The Reform Party was born. It had had enough. The west wanted in. It wanted some kind of accountability.

The first bill in 70 years that the Senate killed was a bill called the climate change accountability act. These are mere words now. The promises that the Prime Minister can make in the next election mean so much less.

The concern, the sadness that I have over this entire issue, is that it erodes what little faith remains in the Canadian public over what this place is meant to do. Why do they bother to vote? We all lament the low voter turnout. We all lament that young people are not getting involved enough. How can we expect any different if we allow this fundamentally hypocritical action of a government to go untested and unchallenged?

For the people who formed the Conservative Party to say that breaking the all-time record of patronage appointments is a good thing for this Prime Minister to do, spinning in their graves does not quite account for it. The Liberals lament because they could not do it first, that they were not at the trough first. That is the Liberal complaint about this whole process. The people on the list to whom the Liberals promised the Senate now have to wait supposedly until they form office, whenever that tragic day will come again.

Senators have to be loyal to the party, to the cause and to the Prime Minister, those three things.

The conflicts of interest that reign supreme in the Senate are also quite staggering. A senator can maintain his or her position on a private corporation board while also being in the Senate. I see no accountability change within this bill for that. Senators can have private interest in a bill that comes before them and not remove themselves from the discussion or from the vote. They can simply vote on it and improve their own lot in life. That is fine. As far as this government is concerned, that is okay too.

This is what we mean by putting a fresh coat of paint on an old broken-down car. It is still broken down. To put a splash of paint on it, say it is new, that the grievances have been fixed, is one thing, but to allow the inherent conflicts of interest to exist within the body and not change those, it seems to me, and to everybody else, is mere tokenism.

Again, Canadians can suffer much and have been asked to suffer much from their elected governments, with the switches, flip-flops and changes of mind. The current government will not allow a free and fair debate on extending a dangerous mission in Afghanistan for another three years. Canadians have been asked to suffer a lot.

When a party campaigns explicitly on accountability, transparency and reform of the place, and then comes in and does this, and says “trust us for another mandate”, then Canadians can be forgiven for doubting. They will doubt and they must doubt because the evidence is before us.

Many of us believe in climate change, although I am sure there are some Conservative members who still think it is a socialist conspiracy, as the Prime Minister used to call it. However, there are those who believe that climate change is a real issue and needs to be addressed, and I think some of my colleagues within the Conservatives do.

When we take an issue like this and simply shred the only bill and offer nothing else, then Canada is going to show up at the next UN meeting in Mexico in a couple of weeks with nothing again. Right now we are spending on green energy at a rate of $1 to $22 versus the Americans. The Americans spend $22 per capita and we spend $1.

Green energy and technology companies are coming to us saying that we must have certainty when it comes to the pricing of carbon and that we must do something about cap and trade. The government's response is just, “Well, wait for Washington”. Imagine the abrogation of sovereignty at such a fundamental level as our environment and economy.

Finally, I wish to move the following amendment:

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

“the House declines 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.”

Constitution Act, 2010 (Senate term limits)Government Orders

November 17th, 2010 / 3:45 p.m.
See context

Liberal

Judy Foote Liberal Random—Burin—St. George's, NL

Mr. Speaker, Bill C-10, An Act to amend the Constitution Act, 1867 (Senate term limits), raises serious questions for the House just through its very title.

Bill C-10 limits the tenure of senators appointed after the bill becomes law to one non-renewable eight-year term. At the same time, it preserves the existing retirement age of 75 for current senators. It further allows a senator whose term has been interrupted to return to the Senate and complete his or her term. The bill also contains a provision for senators summoned to the Senate after October 14, 2008, but, before the coming into force of the act, they remain a senator for one term which expires eight years after the coming into force of this act. That is just a little bit of background.

The Liberal Party has repeatedly made it clear to Canadians that we support and have a continued interest in Senate reform. We also have adamantly insisted that any such reforms must reflect sound public policy and respect our most sacred of documents, the Constitution.

It is our hope that the committee will study and amend this bill before us today and return something to this House that respects the Constitution and the role of the provinces in democratic reform.

The bill is another attempt by the Prime Minister's Conservative government to dismantle the Senate piece by piece. What needs to be clear for all of my colleagues in the House, in the Senate and all Canadians is that this is not simply a cosmetic tweak of an old but venerable institution. The legislation before us today amounts to parliamentary reform, reform that arrived today without consultation with provincial or territorial governments.

We must make no mistake that this is nothing short of another attempt by the Conservative government to unilaterally transform our system of parliamentary democracy. The government has shown a blatant contempt for the Constitution and the federation to which it speaks.

This is not the first time that the government has targeted the Senate and, by extension, Parliament, with its so-called plans for reform. This bill has come before the House on two previous occasions. We have it today in its third incarnation. Perhaps the Prime Minister and the Conservatives were thinking that three was a lucky number or that the third time would be a charm. However, it is widely accepted that three strikes also means one is out.

The bill was originally introduced in the first session of the 30th Parliament as Bill S-4. At that time, the Standing Committee on Legal and Constitutional Affairs proposed several amendments to the bill. Specifically, the committee proposed that the duration of a Senate term be extended from an eight year term to a fifteen year term. The reason for that is important to the principles of parliamentary democracy within our Constitution.

An eight year term for senators would allow a party that has won two consecutive majorities to appoint virtually a whole team of senators, an entire roster of senators to simply rubber-stamp the party's legislation, instead of having the Senate serve for what it is known to be, the chamber of sober second thought.

The standing committee indicated that a 15 year term would ensure a Senate possesses the experience and expertise to offer that second sober thought as envisioned by the Constitution. The committee also made the important recommendation that this bill and its incarnations be referred to the Supreme Court of Canada. The Liberal Senate caucus echoed this recommendation, asking the government to refer this bill to the Supreme Court to determine whether the legislation requires a constitutional amendment approved by seven of the ten provinces representing 15% of Canada's population, rather than a simple act of Parliament.

This legislation's history underscores the serious nature of the issue that is now before this House.

With this third attempt at parliamentary reform, the Prime Minister and the Conservative government once more betray their true feelings toward the Senate.

It seems that the Prime Minister either does not care or simply does not understand the character of the institutions he purports to be steward of. It is easy enough for the Prime Minister to flippantly say that he make the rules when he feels like saying that, but we rarely see evidence that indicates he is in fact committed to bringing forward the so-called rules in the form of sound public policy.

The Senate was established to protect and defend regional and provincial interests and rights. This was necessary to protect the regions against majority governments in the House of Commons. Now the Prime Minister is attempting to circumvent the provinces completely. This is another example of the Prime Minister ignoring the spirit of our federation.

Let it be known that contrary to Conservative spin and ideology, it is the provinces themselves that have expressed passionate concern about Senate reform. The Prime Minister prefers to forget that the provinces are our constitutional partners. Such arrogance and disregard for his provincial counterparts is neither logical nor fair.

Also let it be known that it is not only Liberal senators who have voiced concerns on the issue of Senate reform. Liberal senators and Liberal members of Parliament alike are committed to sensible and rational reforms that reflect the principles and spirit of our Constitution and fully include all provinces as equal partners with equal voices at the table.

No less than four provincial governments have publicly come forward to express their strong objection to the Prime Minister's unilateral interpretation of the Constitution and his unilateral attempt to reform our institutions. Ontario, Quebec, New Brunswick and Newfoundland and Labrador have all made it clear that if they are not to be included in this discussion, they will have no recourse but to go to the Supreme Court.

If the Prime Minister insists on creating such discord through his unwillingness to hear opposing views, whether from Parliament, its committees or other provinces, how can he say he is engaged in democratic reform? How can the Prime Minister and the government stand in the House and claim, in good faith, to be undertaking these reforms in the name of democracy when the governments of the two largest provinces in Canada and the two smallest, representing more than 50% of the population of the country and three of the four regions described in our Constitution, have been flatly dismissed and ignored in their objections to these reforms?

The matter is clear. The Prime Minister and his government cannot constitutionally proceed unilaterally now as then. If the Conservative government is truly committed to fair and democratic parliamentary reforms, the Prime Minister must first ask the Supreme Court of Canada, in a constitutional reference, whether he can even undertake such authoritarian reforms. At the very least, the Prime Minister should engage the provinces in a meaningful consultation on Senate reform, as full and equal partners, and secure their consent under the terms of the Constitution.

Frankly, with the bill as it stands before us today, the Prime Minister is spitting in the eye of the spirit of the Constitution with this third time around legislation. Unfortunately, the Prime Minister seems to want nothing to do with either of these options. Here we find ourselves once again.

The House needs to remember that on July 28, 2006, all provincial premiers, through the Council of the Federation, said:

—the Council of the Federation must be involved in any discussion on changes to important features of key Canadian institutions such as the Senate and the Supreme Court of Canada.

Did the Prime Minister not get the memo, or does he simply have no interest in listening to anyone else?

I will reiterate the point I made earlier. What is being proposed here is nothing less than a full reform of our system of parliamentary democracy. Does the Prime Minister think that no one cares, or perhaps no one is paying attention? He made that mistake the last time he prorogued Parliament and we heard loud and clear what Canadians thought about that.

The Liberal Party cares. We care about the Senate because it speaks to the very core of our democracy and the principles of fairness, balance and common sense.

Let me draw the House's attention to section 42(1)(b) of our Constitution. It states, “Such constitutional amendments may not be made by acts of Parliament alone, but also require resolutions of the legislatures of at least two-thirds of the provinces that have an aggregate, at least 50% of the population”. As such, this proposed legislation represents nothing less than an attempt to change significantly the powers and the function of the Senate.

It would appear that the government has not even read the Constitution. The changes that the bill proposes are far beyond the powers granted to the Parliament of Canada. The changes proposed require a coordinated constitutional amendment, which in turn must adhere to a specific formula as set out in the Constitution.

We could have had a Supreme Court ruling long ago and have advanced Senate reform in a meaningful, constitutional way. Instead the Prime Minister has elected to simply reintroduce the same bills, the same thing over and over. Instead of listening to his constitutional partners, instead of listening to the provinces or even the Supreme Court, the Prime Minister is choosing to fill the Senate with enough of his own supporters to force his preferred Senate reforms through.

The Prime Minister has tried to present his proposed reforms, such as a change to eight-year tenure terms for senators, as modest changes that would afford no trouble to anyone.

However, as numerous witnesses have testified, this change could allow a two-term prime minister to appoint every senator in the chamber, wiping out any opposition voices to any initiative, as the government of Ontario wrote. We know that this is a common event in the country. We know that we had two Liberal governments that had more than eight-year terms. We know that we had a Progressive Conservative government that had more than eight-year terms. Again, the probability exists that in fact every senator could be of that political party persuasion.

Bill C-10, on its own, would dramatically alter the real functioning of the Senate, detracting from its traditional role as an independent chamber of sober second thought. The Prime Minister's new power to appoint every member of the Senate over eight years would significantly expand his appointment power and impair the independent functioning of the upper chamber. The result would be indeed a partisan institution with nearly co-equal powers to the House of Commons and an institution that would be more likely to exercise those powers in order to freeze or obstruct a government, creating an untenable situation.

The Government of Quebec was unequivocal in its assessment of the impact of the reforms to the Senate proposed by the current federal government. Then minister Benoît Pelletier, an acknowledged constitutional law expert, wrote, “The transformation of the Senate raises some fundamental issues for Quebec and the Canadian federation in general...The federal bills on the Senate do not represent a limited change”.

The premier of my home province of Newfoundland and Labrador, Danny Williams, wrote to the Prime Minister to express his government's view that the proposed Senate reform bills. He said that they:

—represent attempts to alter the Constitution of Canada so as to significantly change the powers of the Senate and the method of selecting Senators within the meaning of Section 42(1)(b) of the Constitution Act, 1982. Such constitutional amendments may not be made by acts of Parliament alone, but also require resolutions of the legislatures of at least two-thirds of the provinces that have, in the aggregate, at least fifty per cent of the population

Democracy is all about that. It is involving our constitutional partners. It is making sure that we all have a say in how our country is run, so we do not just have a House of Commons with our elected representatives, but we also have the Senate where people are appointed on the basis that they are there to serve as a sober second thought to decisions that are made in the House of Commons.

The former premier of New Brunswick, Shawn Graham, wrote:

The Government of New Brunswick has carefully considered the proposed amendment...and is not able to support this amendment in its current form....Our review of jurisprudence on this issue, contained in the attached position paper, supports the view that the provinces must give consent to any change that affects representation in the Senate.

Let it be clear. The Liberal Party favours Senate reform. We have said so time and time again, but it is reform that must come through a consultation process. It is consultation with our partners in a democracy. It is reform that reflects sound public policy and respects the Constitution.

The Conservative government continues to try to change the channel from its spending scandals by cutting back on social programs, by having a deficit of $55.6 billion, by spending money unnecessarily on the G8 and G20 and by doing things that we all know is unnecessary.

I look at an organization such as KAIROS and the money it needs. The government has ignored it and in fact has said no to it. It is an organization that has worked so well on behalf of so many people, both in our country and throughout the world.

There is a problem when we have a government that does not recognize the importance of doing what is right, but instead focuses on doing away with the Senate or ensuring there are eight year terms that will serve no one's interest in terms of the democracy of the country.

Liberals will continue to demand that the government conduct meaningful conversations with the provinces on this issue. Provinces have been heard loud and clear. They have made their concerns known. What is wrong with listening to our partners? What is wrong with acknowledging that they have a part to play? What is wrong with acknowledging how important their input is into any democracy, especially if we believe they are indeed partners in this Confederation?

What we have today is a Prime Minister who is anti-democratic, who does not believe that the provinces and the territories have a part to play. As he said, “he makes the rules”. In making the rules, he is deciding that he wants eight year terms for the Senate. If he had a majority government, he would stock that Senate with people of the same political persuasion to the point where that sober second thought, which is so important to any legislation, any decisions that we make in the House of Commons as elected representatives, would not exist anymore.

There is a serious issue here. The government needs to listen and not just assume that it has all the answers. There are people who can make a contribution. There are people whose experience and expertise are invaluable, both in the House of Commons and in the Senate.

It is true that Canadians' views of democracy have evolved since 1867. As Liberals, we are committed to ensuring that our institutions reflect those changes where appropriate.

The Senate is an essential component of Canada's constitutional democracy and we, as members of Parliament, are here because we have a commitment to improving our country through the democratic institutions of which we are privileged to be a part.

The Senate is an institution with a very proud history, an institution in which the members have done important work over the years. In fact, some of the most important reports that have been produced through the Senate and the senators who work very hard on them have been invaluable to those of us in the House of Commons who take our work seriously.

How we can just turn a blind eye to the Senate and the work it does? How we can just decide that it is not important or that the senators should serve eight year terms, thereby creating a situation where we would lose after that term people with invaluable experience, people with expertise who have so much to contribute, and want to contribute, to our country?

However, in order to do that it is our belief that we need to look at 15 year terms, not 8 year terms, where we see a change in individuals, where we do not end up with senators of all one political stripe, where we see some second sober thought. We had that intelligent debate, which used to happen when we had a Liberal majority Senate versus a Conservative majority Senate.

The Liberal Party is committed to a Senate in which the members can make valuable contributions to public life and the public good. Legislation to alter Senate term limits must keep within the spirit of this commitment.

While we are open to the committee's response to the legislation, we will only support a revised version of Bill C-10 if it reflects sound public policy and respects the Constitution.

Constitution Act, 2010 (Senate term limits)Government Orders

November 17th, 2010 / 3:40 p.m.
See context

NDP

Nathan Cullen NDP Skeena—Bulkley Valley, BC

Mr. Speaker, I would like to ask my colleague a question. Last night, there was a vote in the Senate on a bill that came from the House of Commons, which is comprised of elected officials. It was a surprise and a disaster; it was absurd. The Senate killed a bill passed by people elected by Canadian citizens.

If the Senate was able to do such a thing to a bill on climate change—critical for the environment, the economy and the future—what bill, concept or subject that is very important to Canadians will the Senate vote down next? The Senate will oppose anything at the behest of the Prime Minister.

These are the issues surrounding Bill C-10. The House must do something to improve the Senate. What we would all really like to know now is which bill the Senate will defeat next.

Constitution Act, 2010 (Senate term limits)Government Orders

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

Bloc

Serge Cardin Bloc Sherbrooke, QC

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

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

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

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

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

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

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

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

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

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

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

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

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

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

It should just be abolished.

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

Democratic ReformOral Questions

November 17th, 2010 / 3 p.m.
See context

Conservative

Cheryl Gallant Conservative Renfrew—Nipissing—Pembroke, ON

Mr. Speaker, Canadians have clearly shown a desire for reform of the Senate. Our government has taken steps to bring forth Senate legislation, to modernize the Senate so it can better reflect a 21st century democracy.

Today Bill C-10, the Senate term limits bill, will resume debate. Could the Minister of State for Democratic Reform tell this House the importance of passing this bill?

Opposition Motion—Securities RegulationBusiness of SupplyGovernment Orders

June 10th, 2010 / 4 p.m.
See context

Bloc

Pierre Paquette Bloc Joliette, QC

Mr. Speaker, I am very happy to speak on this opposition day. The hon. member from Hochelaga introduced a motion that, in my opinion, is completely relevant to the Conservative government's offensive for a Canada-wide securities commission. I thank him for this initiative and I want him to know that he will have my vote on Monday evening.

It is important to read this motion since it contains all the arguments brought forward by Quebec's business and political circles, as well as by journalists and observers. Seldom have we seen a consensus like this in Quebec with respect to a federal initiative. The whole Quebec nation is against the Conservative government's offensive on the financial sector, which is, moreover, very remarkable and surprising, given the very technical nature of the debate. Sometimes, the public has a hard time understanding all the ins and outs. Despite everything, the consensus in Quebec is very strong.

Both the elected members from Quebec in Ottawa, including the Bloc Québécois members, and the members of the National Assembly played a very important role in this matter by taking leadership and explaining the dangers of the draft securities commission bill proposed by the Conservative Minister of Finance. While it does not happen often, business people are joining forces against this completely unacceptable bill.

Here is the motion:

That this House denounce the government’s unrelenting efforts to marginalize the Quebec nation, in particular by depriving it of the major economic lever of securities regulation, a matter that is under the exclusive legislative jurisdiction of Quebec and the provinces and for which they have established a harmonized regulatory system recognized for its effectiveness by the OECD and the World Bank among others, and that it demand, along with Quebec's National Assembly and the business community in Quebec, that the government immediately withdraw its draft bill.

In starting by saying, “That this House denounce the government’s unrelenting efforts to marginalize the Quebec nation...”, the hon. member for Hochelaga describes very well the context in which the Conservative offensive in the financial sector occurs. If this were the Conservative government’s only attack on the Quebec nation, we might think it was an idée fixe of the finance minister or of the Prime Minister when he studied economics and after doing a paper on it made it his pet subject. If that were the case, we might think we could make them see reason.

It is very clear, though, that this is just one piece of the puzzle, a part of a greater whole, a strategy that is being implemented but has not succeeded thanks to the Bloc Québécois, which is there to block it. The attempt to weaken, undermine and marginalize the Quebec nation can be seen in Bill C-12, which reduces the political weight of the Quebec nation in the House by increasing the number of seats in Ontario, British Columbia and Alberta while the government refuses to make any promises about the proportion of MPs from Quebec in the House, as well as in the draft legislation on a Canada-wide securities commission.

Other initiatives are cut from the same cloth, for instance the dismantling of the firearms registry. In question period, my colleague from Ahuntsic reminded the House that three-quarters of Quebeckers are in favour of the firearms registry. Among young people 18 to 24 years old, this proportion rises to 85%. There is a strong consensus therefore. This government, as well as members from other Canadian parties, support the idea, though, and are trying to dismantle what the Quebec nation considers an essential tool. Refusing to listen to Quebec is just another way of marginalizing it.

There is also the bilingual judges issue. The debate currently unfolding in the Senate is surrealistic in tone. Even some francophones have been heard to say that competent people would be held back, when we know very well no unilingual francophone has ever sat on the Supreme Court.

There is something surrealistic about it. The strangest thing, and this is a real paradox, is that very often the Bloc Québécois is the only party that makes a real effort to uphold the 1867 Constitution. The other Canadian parties no longer care about it at all. We do not believe in the Official Languages Act, but at least we push to have French recognized as the equal of English.

In theory, the Official Languages Act should lead all members of the House to support this bill, but it no longer counts. Or it only counts one way. It is a bit like the Supreme Court, as my colleague from Longueuil—Pierre-Boucher said, which like the tower of Pisa always leans one way. We do not have any illusions, therefore, about the decision the Supreme Court will reach on the draft securities commission bill.

In any case, this is not a legal debate but a political debate. It is part of the federal government strategy, especially the Conservative government, to marginalize and weaken the Quebec nation.

I want to finish by saying—and this will certainly please the Transport Minister—that the purpose of the entire economic development strategy orchestrated from Ottawa is also to weaken and undermine Quebec.

This strategy has two pillars. First, oil, the big oil companies—the friends of the Minister of Finance—and traditional motor vehicles using gasoline or hydrocarbon products. Then the financial system, which absolutely must be centred in Toronto. Those are the two pillars of Canada's industrial strategy. Against that background, the concerns and interests of Quebec are marginal and matter little. That is the context for this bill.

In the first part of the motion that the hon. member for Hochelaga put forward, it is very clear that this draft bill is one more aspect of the government's unrelenting efforts to marginalize the Quebec nation, in particular by depriving it of the major economic level of securities regulation, a matter that is under the exclusive legislative jurisdiction of Quebec and the provinces. Everyone acknowledges that, even the Minister of Finance. It is perfectly clear in the Constitution of Canada. To be precise, powers in securities matters are given to the provinces as part of their jurisdiction over property and civil rights set out in section 92(13) of the Constitution Act, 1867.

As a result, it is quite obvious that this bill is an attempt to do indirectly what cannot be done directly. There have been a number of attempts along these lines. This is not the first time that a federal government or a minister of finance, whether Liberal or Conservative, has tried to establish a Canada-wide securities commission. They always run up against the very clear statement in the Constitution. I have just mentioned the specific section of the Constitution Act, 1867, which makes it clear that this is under the legislative jurisdiction of Quebec and the provinces.

So they have invented a scheme: voluntary membership in the commission. The scheme fools no one. It is exactly the same method which the Conservatives are now using to change the Senate. They introduce Bill C-10, seeking to limit senators' terms. Then, in the Senate, another bill is introduced saying that senators should be chosen from a list of people who have been publicly elected. They know that the Senate cannot be substantially changed in a direct way without entering into constitutional negotiations with Quebec and the provinces. So they are trying a backdoor way of doing what they cannot do directly. That is exactly what this bill is doing; it is trying to impose a Canada-wide securities commission, contrary to Quebec's exclusive jurisdiction over the area.

As I mentioned earlier, and as a number of experts have also said: the Minister of Finance's voluntary membership is a con job, and it fools no one. Mr. Lortie, a former CEO of the Montreal Stock Exchange, even said so in his report.

They will try to balkanize the system that exists at present. They will ensure that pressure is brought to bear by the financial centres themselves for there to be one securities commission, which is not necessary at present because the system is working very well. That is what is in the motion before this House. This field is under the exclusive legislative authority of Quebec and the provinces, and the provinces and Quebec have put a harmonized regulatory system in place, the effectiveness of which is recognized by the OECD and the World Bank, among others.

It took several years to put this very sophisticated system in place, we have to acknowledge that. It was not easy, but it has been done. We are in the second phase of implementing the passport system, which means that once an issuer has a licence in a province or in Quebec, it may issue in other jurisdictions. That is then recognized by the authority in the other provinces or territories. It is a plan whose effectiveness has been recognized by the OECD. It has identified the Canadian system as the second best system in the world. I will give you the reference. It might be worth it for the Conservatives, particularly those from Quebec, to familiarize themselves with it.

I would also like to take this opportunity to clarify something. When we see that bills of this nature are plainly contrary to the interests of the Quebec nation and members or ministers from Quebec are being used to sell them to Quebeckers, we cannot refrain from stating a fact, and it is not an insult. These Quebeckers are serving a purpose in the sense that they are here to sell a plan that is contrary to the interests of the Quebec nation and could not be sold by a minister who came from Ontario or Alberta.

The Minister of Finance would have no credibility if he tried to sell this plan in Quebec, whether to the business community or to the people of Quebec as a whole. In fact, he was the Minister of Finance of Ontario, which is the only province that is not participating in the passport system. At present, he is the black sheep in our system of securities regulation in Quebec and he would have no credibility. So they have to use Quebec Conservatives. I think that is somewhat unfortunate for them. Their strategy is not working, but it is still sad to see these Quebeckers stoop to that level.

So I said there was an article in issue 43 of the OECD Journal of Economic Studies published in 2006. Since then, the passport system has made enormous progress. Four authors wrote an article entitled Regulation of Financial Systems and Economic Growth in OECD Countries: An Empirical Analysis. It is well worth reading; it is very well documented and very rigorous. They conclude that the financial regulatory system in Canada is the second best in the world. I will give another example. The American system is ranked fourth. The system in the United Kingdom, the leader in the development of the financial sector worldwide, is in fifth place, and Australia is seventh.

This is an extremely effective system and, as I said, it is recognized by the OECD and the International Monetary Fund. It is totally fallacious to talk about the need for a Canada-wide commission on the ground of effectiveness. We have a harmonized regulatory system at present, the passport system, the effectiveness of which has been recognized by the OECD and the World Bank, among others.

As the National Assembly of Quebec has done, the Bloc calls for the bill to be withdrawn.

On May 27, 2010, the day after the Minister of Finance unveiled his draft legislation, a motion was unanimously adopted by the Liberal Party of Québec, a federalist party, the ADQ, an autonomist party that needs to define itself more, and by the Parti Québécois. The motion reads as follows:

That the National Assembly denounce the obstinacy of the federal government in tabling unilaterally a bill to create the Canadian Securities Commission;

That it denounce this invasion into the fundamental jurisdictions of Quebec;

That it recall the opposition of the Quebec business community;

[That, finally,] it urge the Canadian government to reconsider this decision and, failing that, the Canadian Parliament not to pass such an act.

It echoed a first motion unanimously adopted in October 2007, after a document was tabled. If my memory serves me well, it was the finance minister's economic statement in which he first outlined the concept of a national securities regulator. The National assembly unanimously adopted that motion, which read:

That the National Assembly ask the federal government to abandon its Canada-wide securities commission project.

Therefore, the National Assembly, which represents the Quebec nation, is very clear on this matter. There is no doubt about it —it will be a hard-fought battle if the federal Conservative government continues to press on.

In the motion moved by the member for Hochelaga, there is a reference to the fact that the business community wants the bill to be withdrawn. I believe it is worthwhile naming those opposed because not just the member for Hochelaga, the member for Joliette and all Bloc members are against this bill. It is not just the members of the National Assembly who are against this bill. The Association de l'exploration minière du Québec, the Barreau du Québec, the Caisse de dépôt et placement du Québec, the Cascades Group, the Board of Trade of Metropolitan Montreal, the Quebec City Chamber of Commerce, the Chambre des notaires du Québec, the Chambre de la sécurité financière, the Conseil du patronat du Québec, the Fédération des chambres de commerce du Québec, Fondaction CSN, the QFL Solidarity Fund, the Jean Coutu Group, the Institute for Governance of Private and Public Organizations, the Institut québécois de la planification financière, Université Laval professor Jacques Saint-Pierre, Jean La Couture, corporate director, president of Regroupement des assureurs à charte du Québec, are also opposed. And there are others, such as Power Corporation—

Business of the HouseOral Questions

June 3rd, 2010 / 3 p.m.
See context

Prince George—Peace River B.C.

Conservative

Jay Hill ConservativeLeader of the Government in the House of Commons

Mr. Speaker, that is quite a number of questions and I hope I have them all. My hon. colleague, the opposition House leader, says they are good questions. Indeed, they are very good questions and I appreciate him posing those questions today. I will go first to the business before the House and then I will get to his other questions.

We will continue today debating the report stage of Bill C-9, the jobs and economic growth act. As I said on Tuesday, Canadians are expecting this bill to pass before we rise for the summer.

I pointed out some of the consequences of not adopting Bill C-9 by the summer. Payments would not be authorized for over $500 million in transfer protection to our provinces. Bill C-9 also authorizes appropriation of $75 million for Genome Canada, $20 million for Pathways to Education Canada to provide support for disadvantaged youth, $10 million for the Canadian Youth Business Foundation, and $13.5 million for the Rick Hansen Foundation. These payments and many others cannot be made until Bill C-9 receives royal assent.

This process, I would remind the House, began on March 3, some three months ago, when the Minister of Finance delivered his budget. We debated the budget on March 5, 8, 9 and 10. On March 24, we adopted the ways and means motion required to introduce the jobs and economic growth act.

The bill was introduced on March 29. It was debated for five days at second reading and finally referred to the Standing Committee on Finance on April 19. The committee reported it back on May 14 without amendment. The opposition had almost a month to offer up amendments but reported the bill back without amendments.

This is the fourth sitting day that we have been debating report stage. The opposition and particularly, I would contend, the NDP have had the opportunity to raise their concerns. However, I want to point out a Speaker's ruling from April 14, 1987 in which he addressed this issue. He stated:

It is essential to our democratic system that controversial issues should be debated at reasonable length so that every reasonable opportunity shall be available to hear the arguments pro and con and that reasonable delaying tactics should be permissible to enable opponents of a measure to enlist public support for their point of view. Sooner or later every issue must be decided and the decision will be taken

I would also like to quote House of Commons Procedure and Practice, at page 210, which states:

it remains true that parliamentary procedure is intended to ensure that there is a balance between the government's need to get its business through the House, and the opposition's responsibility to debate that business without completely immobilizing the proceedings of the House.

Following Bill C-9 today, we will call Bill C-10, Senate term limits, and Bill S-2, the sex offender registry legislation.

Beginning tomorrow, if necessary, we will continue with Bill C-9, followed by Bill C-2, the Canada-Colombia free trade agreement.

Next week we will continue with the business from this week, with priority given to Bill C-9 and Bill C-2. In addition to the bills just mentioned, the government will call for debate on Bill C-22, protecting children from online sexual exploitation, Bill C-23, eliminating pardons for serious crime, and Bill C-24, first nations certainty of title. As usual, the government will give priority consideration to any bills reported back from committee or received from the Senate.

Thursday, June 10, shall be an allotted day. That was an additional question that my hon. colleague, the official opposition House leader, asked during his customary Thursday question.

The other thing he noted was a date for an important take note debate dealing with multiple sclerosis. That date has not been set yet, but there have been consultations between myself and my counterparts, the House leaders from all three opposition parties, and I am sure that we can arrive at a suitable date in the very near future.

On the issue of committee witnesses and that we are blocking other people, I would be interested to know who those other people are that we are blocking. I am not aware of any. I have said repeatedly in the House of Commons over the last week or so that we intend to uphold the principle of fundamental value of Parliament, which is ministerial accountability.

Our ministers have been appearing and will continue to appear at the standing committees. It is my contention and I would ask any Canadian who is interested in viewing, and in some cases where there is no video record, reading the Hansard of standing committees to see the types of questions and antics that the combined opposition coalition is resorting to.

In most cases, we had our very junior people. These are young people. They are people who are probably about the same age or perhaps even younger than my children. These young people are dragged before the standing committees. The opposition subjects them to abuse and intimidation tactics.

Jobs and Economic Growth ActGovernment Orders

June 3rd, 2010 / 1:35 p.m.
See context

NDP

Jim Maloway NDP Elmwood—Transcona, MB

Madam Speaker, people watching this debate over the last several days want to know where the government and Liberal speakers are on this bill.

As a matter of fact, we have an 880-page grab bag, Bill C-9, an omnibus bill, and we do not have the appropriate minister listening to the debate so we can ask questions. The Minister of State for Democratic Reform was here for Bill C-10. The Minister of Citizenship, Immigration and Multiculturalism was here for his bill and, not only did he listen to the debate, but actually asked the first question, which was appreciated by the House.

We want to know where the finance minister is, why he is not listening to the debates and why he is not here to answer questions on this 880-page bill.

Business of the HouseOral Questions

May 27th, 2010 / 3:10 p.m.
See context

Conservative

Jay Hill Conservative Prince George—Peace River, BC

Mr. Speaker, I am also well aware of the rules, and the rules for the Thursday question require a very succinct question about the upcoming agenda of the government, and the government House leader is supposed to be bound by those same rules as I understand them. On this side of the House at least, we always want to respect the rules of the House of Commons.

To be very brief in my response, I think I have answered that question repeatedly. We will not allow our political staff to be dragged before standing committees where the opposition coalition holds a majority of members and be subjected to the type of abuse we have seen. On behalf of those staff, I would point out that anyone who wants to research this issue can find it in the Hansard of the standing committees. Many of those meetings were televised. Members can see the type of abuse that opposition members of Parliament subjected those staff members to. Many of these staff members are very young people, oftentimes in their mid to late twenties. To be subjected to that type of abuse is completely shameful. It is intolerable and unacceptable. Our ministers will assume their responsibilities yet again and will be appearing at committees when there are questions to be asked of their departments and their staff. So I hope I have put that to rest.

On another issue I have raised a couple of times in question period, when it has come up, is the absolute hypocrisy of the Liberal Party in asking these types of questions of staff members and yet filibustering the government operations committee to prevent their own member of Parliament, the MP for Scarborough—Rouge River, from testifying and answering valid questions about his connection with a law firm that advertised on its website that the member could make “valuable contributions to [its] clients includ[ing] acting for foreign and offshore organizations in obtaining operating licenses, securing regulatory and governmental approvals for mergers and acquisitions, reviewing policies and conduct of Canadian Security Intelligence Services”—I repeat, “Security Intelligence Services”, Mr. Speaker—[and] advising bodies on international issues regarding cross border tax collection”. And it goes on and on about the services the member could provide in the form of lobbying. Yet the member was prevented from testifying today by the Liberal members on that committee, who wanted to filibuster.

This is a member of Parliament and it is the same standing committee that is supposedly looking into the alleged lobbying issues of a former member of Parliament, who has appeared at that committee and testified. At least he had the courage to do that, which is more than the member for Scarborough—Rouge River has done.

On the issue we are supposed to be discussing, the agenda looking forward to the next week of the House of Commons, today we will resume the debate on the report stage motions on Bill C-9, Jobs and Economic Growth Act. As we heard in question period, that is the much anticipated budget bill of the government.

This evening in committee of the whole, we will consider the estimates for the Department of National Defence.

Tomorrow will be an allotted day.

Next week, if necessary, we will continue the debate on Bill C-9, followed by debate on Bill C-23, Eliminating Pardons for Serious Crimes Act. We will have as backup bills, Bill C-10, Constitution Act, 2010 (Senate term limits) and Bill S-2, Protecting Victims From Sex Offenders Act.

As I mentioned in reply to the Thursday question last week, Monday, May 31 has been designated as the day to consider the main estimates of the Department of Natural Resources in committee of the whole.

Finally, Tuesday, June 1, shall be an allotted day.

Constitution Act, 2010 (Senate Term Limits)Government Orders

May 25th, 2010 / 6 p.m.
See context

Bloc

Serge Cardin Bloc Sherbrooke, QC

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

In the late 1970s, the Supreme Court of Canada considered the capacity of Parliament, on its own, to amend constitutional provisions relating to the Senate.

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

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

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

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

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

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

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

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

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

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

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

Do I have any time left, Mr. Speaker?

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

Business of the HouseOral Questions

May 13th, 2010 / 3:05 p.m.
See context

Prince George—Peace River B.C.

Conservative

Jay Hill ConservativeLeader of the Government in the House of Commons

Mr. Speaker, we will continue today with Bill S-3, the tax convention bill, followed by Bill C-15, nuclear liability. It would be by intention to call these two bills tomorrow if they are not completed today.

Might I add that, thankfully, as my hon. colleague noted, next week is a constituency work week.

When the House returns on May 25, it is my intention to call Bill C-3, gender equity in Indian registration, which will be at the report stage. Following Bill C-3 will be Bill C-20, the National Capital Act, and Bill C-10, Senate term limits.

My hon. colleague asked about the committee of the whole. I would inform the House that pursuant to Standing Order 81(4) I would like to designate May 27 for consideration in committee of the whole of the main estimates of the Department of National Defence and May 31 for the Department of Natural Resources.

Friday, May 28 shall be an allotted day.

Business of the HouseOral Questions

May 6th, 2010 / 3:05 p.m.
See context

Conservative

Jay Hill Conservative Prince George—Peace River, BC

Yes, Mr. Speaker. It is my intention to call Bill C-10 , the Senate term limits, after Bill C-13.

Business of the HouseOral Questions

May 6th, 2010 / 3:05 p.m.
See context

Liberal

Ralph Goodale Liberal Wascana, SK

Mr. Speaker, just as a point of clarification because I think this is a change from what we might earlier have heard. Is it correct that following Bill C-13 the next order of business is Bill C-10?