Fair Representation Act

An Act to amend the Constitution Act, 1867, the Electoral Boundaries Readjustment Act and the Canada Elections Act

This bill was last introduced in the 41st Parliament, 1st Session, which ended in September 2013.

Sponsor

Tim Uppal  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill.

This enactment amends the rules in the Constitution Act, 1867 for readjusting the number of members of the House of Commons and the representation of the provinces in that House.
It amends the time periods in several provisions of the Electoral Boundaries Readjustment Act and requires that electronic versions of maps be provided to registered parties.
It also amends the Canada Elections Act to permit a returning officer to be appointed for a new term of office in certain circumstances.

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.

Votes

Dec. 13, 2011 Passed That the Bill be now read a third time and do pass.
Dec. 12, 2011 Passed That Bill C-20, An Act to amend the Constitution Act, 1867, the Electoral Boundaries Readjustment Act and the Canada Elections Act, {as amended}, be concurred in at report stage [with a further amendment/with further amendments] .
Dec. 12, 2011 Failed That Bill C-20 be amended by deleting Clause 8.
Dec. 12, 2011 Failed That Bill C-20 be amended by deleting Clause 1.
Dec. 7, 2011 Passed That, in relation to Bill C-20, An Act to amend the Constitution Act, 1867, the Electoral Boundaries Readjustment Act and the Canada Elections Act, not more than one further sitting day shall be allotted to the consideration at report stage of the Bill and one sitting day shall be allotted to the consideration at third reading stage of the said Bill; and That, 15 minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration at report stage and on the day allotted to the consideration at third reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and in turn every question necessary for the disposal of the stage of the Bill then under consideration shall be put forthwith and successively without further debate or amendment.
Nov. 3, 2011 Passed That the Bill be now read a second time and referred to the Standing Committee on Procedure and House Affairs.
Nov. 3, 2011 Passed That, in relation to Bill C-20, An Act to amend the Constitution Act, 1867, the Electoral Boundaries Readjustment Act and the Canada Elections Act, not more than one further sitting day shall be allotted to the consideration at second reading stage of the Bill; and That, 15 minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration at second reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and, in turn, every question necessary for the disposal of the said stage of the Bill shall be put forthwith and successively, without further debate or amendment.

Fair Representation ActGovernment Orders

December 13th, 2011 / 10:55 a.m.


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NDP

Alexandrine Latendresse NDP Louis-Saint-Laurent, QC

Mr. Speaker, I sincerely thank my colleague from northern Ontario. I truly understand her concerns.

Canada is a very complex country. As the member explained, her riding is huge and she must represent all of her constituents from across her region. She has to take care of all the places and natural resources in her riding. She really has a lot to manage in her riding, compared to a riding like mine, which probably has more people, but whose geographic area is quite small. We are in completely different situations.

Reducing the distribution of seats to simply saying that a certain number, more or less, is needed and that is that—without asking any other questions—completely ignores the problem of communities of interests and the representation of geographic and cultural differences, which are sometimes huge.

Something is really missing from this bill and I do not think it solves the problem my hon. colleague was just talking about.

Fair Representation ActGovernment Orders

December 13th, 2011 / 11 a.m.


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Liberal

Joyce Murray Liberal Vancouver Quadra, BC

Mr. Speaker, I commend the hon. NDP member for her comments on the importance of defending the interests of Quebec.

As my colleague already mentioned, there are no numbers, but I understand that the NDP's policy and plan would require 30 more seats. An additional 30 seats would cost a lot. On the contrary, the Liberals have a plan that is fair for Quebec and the other provinces and it does not add any seats.

In the hon. member's riding, as in mine, are there people who want more money for researchers, for Fisheries and Oceans, for scientists working on climate change, who want more money to narrow the gap between rich and poor? Do the hon. member's constituents think that spending more money to have more MPs is a better plan than using that money for other things we need in our society?

Fair Representation ActGovernment Orders

December 13th, 2011 / 11 a.m.


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NDP

Alexandrine Latendresse NDP Louis-Saint-Laurent, QC

Mr. Speaker, I want to thank the hon. member for Vancouver Quadra for her question.

The financial aspect is very interesting. Canadian taxpayers are currently paying more than $100 million a year for the other house of Parliament, which is made up of unelected people who have not received a democratic mandate from anyone. We are paying millions of dollars for that. The cost of adjusting the number of members here in order to have better representation is not very high when we compare it to the cost of other place.

If we truly want to cut the cost of our Parliament, it would be much more accurate to say that we no longer need that chamber. It is a relic of days gone by. It was probably necessary at the time, but it no longer serves any purpose and we really have a problem with that.

If money is what is needed to improve our democracy, then let us just abolish the Senate and get on with it.

Fair Representation ActGovernment Orders

December 13th, 2011 / 11 a.m.


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NDP

Jean Rousseau NDP Compton—Stanstead, QC

Mr. Speaker, I would like to commend the hon. member for Louis-Saint-Laurent for that marvellous demonstration of democracy.

I would like to thank her for the many references she made to Bill C-312. It is just a small bill, yet it seems to really scare the Government of Canada. It is strange how a nation of founding people that was recognized by the House on November 27, 2006, by a motion introduced by the Prime Minister at the time, the member in seat no. 11, across from us, can cause such a stir.

My question pertains to the many realities we have in Canada. How can we better acknowledge Canada's characteristics—particularly those that have been recognized by many previous court rulings—and thus support an undivided, united Canada, as the Conservatives are currently proposing?

Fair Representation ActGovernment Orders

December 13th, 2011 / 11 a.m.


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NDP

Alexandrine Latendresse NDP Louis-Saint-Laurent, QC

Mr. Speaker, of course, I would like to thank the hon. member for Compton—Stanstead for the excellent bill that he introduced in the House.

I think that he has hit the nail on the head. Our country is multicultural. It has many communities of interest and many peoples. Canada has three recognized founding peoples. This country is so complex that we cannot merely decide to divide it like this or like that, rural ridings versus urban ridings, Quebec versus the rest, Alberta versus Canada and so on. It does not make sense. That is not how Canada works. Our party recognizes this. Canadians come from all over and we are able to reconcile our differences, come to an agreement and find common ground with everyone involved. That is what we want to work toward, and that is why we support Bill C-312.

Fair Representation ActGovernment Orders

December 13th, 2011 / 11:05 a.m.


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Liberal

Stéphane Dion Liberal Saint-Laurent—Cartierville, QC

Mr. Speaker, at the beginning of November, when we started debating Bill C-20, which aims to more fairly allocate seats by province in the House of Commons, I said that Parliament should be united when democracy itself is at stake.

This topic should bring us together as democrats, and take us beyond our partisan differences.

Unfortunately, it seems that we will not achieve this desired unanimity because of the Minister of State for Democratic Reform and the Conservative government, who stubbornly wish to needlessly inflate the House by an additional 30 seats.

In absolute numbers, this would be the largest increase since Confederation, as pointed out by Professor Louis Massicotte from Laval University, one of the experts who testified before the committee.

The Liberal opposition proposed an amendment formula for Bill C-20 that would give Canadians a House that is completely fair—just as fair as with Bill C-20, but without adding any seats to the existing 308.

As set out in Bill C-20, Ontario would have 36% of the seats, Quebec would have 23%, British Columbia would have 12%, and so on, but the total number of seats in the House would not increase.

But as the experts who testified in committee repeated many times, what counts is not the absolute number of seats, it is the proportion of the total.

The Liberals' proposal was very well received across Canada by Canadians of all political stripes, analysts and experts.

Even a number of Conservative and NDP colleagues admitted to me that they preferred the Liberals' proposal. Of course, I will not reveal their names, since those were private conversations.

The Green Party has made a proposal similar to ours. The NDP has taken itself out of the debate by refusing to give any numbers. Instead, it is looking to please everyone by creating a House that is even more bloated than the one proposed by the Conservatives.

According to an Abacus Data poll released yesterday by The Hill Times online, no less than 57% of Canadians preferred the Liberal Party's proposal to keep the number of seats as it is, while shifting their distribution; 22% preferred the status quo; while only 21% want more seats. Hence, four out of five Canadians reject the Conservative plan.

It comes as no surprise that the Conservatives are trying to fast-track the vote on this bill. They know very well that the longer we debate it, the more backlash they will get from the public.

Support for the Liberal Party's position also comes as no surprise. Canadians do not want more MPs; they do not want more politicians. They really do not need them, especially in these tough times when the Conservative government is asking people to tighten their belts. Canadians want a House of Commons that is fair, but they do not want a bloated one.

And that is true across Canada. In my province, for instance, nine out of ten Quebeckers oppose the Conservative plan and 57% of Quebeckers support the Liberal plan.

That said, it is true that some federal and provincial politicians have indicated their preference for the Conservative plan for 338 seats. Only politicians want more politicians.

Canadians are telling us that since we can achieve a House with fair representation with 308 seats, it would be pointless, reckless and irresponsible to add 30 seats. Most of the experts who appeared in committee are of the same opinion as the general public: “yes” to redistributing the seats; “no” to increasing the total number of seats.

In the words of Professor Andrew Sancton from the University of Western Ontario, “But I cannot support any formula that has the effect of adding significantly more MPs than we already have”.

Professor Ken Carty from the University of British Columbia went right to the crux of the matter when he told the committee, “We're increasing it not because we think there's a good reason for increasing it; we're increasing it because it is seen to be the easy way out of dealing with redistribution”.

Canadians have no appetite for a ballooning House of Commons. They are fed up with a lazy government that keeps seeking the easy way out. They want leadership. They want their politicians to do the right thing. They want an equitable House of Commons, but they are happy with its present size.

Canadians have every right to be upset when they see the Conservative government trying to gorge itself with more politicians while it slashes the public service and services to the public.

Canadians have every right to be upset when they see the federal Minister of Finance slashing the federal public service by 10% while the government inflates the number of federal politicians by 10%. That is the Conservative way.

Citizens are asked to tighten their belts while Conservative politicians loosen theirs. The Conservatives have already given themselves a record-size cabinet and a record-size PMO, and now they want a record-size House of Commons.

Canadians have every right to be upset when they see the lack of principles shown by Conservative politicians. No principles, no consistency.

In 1994 a young Calgary MP declared he wanted to decrease the size of the House to 273 seats. Could it be the same man now, the present Prime Minister, proposing to increase the House to 338 seats? He wanted 273 seats yesterday, 338 seats today. That is 65 more seats. Talk about a king-size flip-flop. Excuse me, a royal flip-flop. Could the Prime Minister explain to Canadians what exactly made him change his mind? No principles, no consistency.

In 1996 Ontario's then progressive conservative government implemented the fewer politicians act that decreased the number of provincial seats from 130 to 103. Our current federal Minister of Finance, Minister of Foreign Affairs and President of the Treasury Board were members of that provincial government. Today, the same trio that wanted less provincial politicians want 30 more federal politicians. Yesterday, it was the fewer politicians act; today, it is the more politicians act. No principles. No consistency.

That is an example of politicians serving themselves rather than serving the public. Canadians do not appreciate that. Consider what is happening elsewhere. In Great Britain, the government—a Conservative government, no less—is also asking the people to make huge sacrifices, but at the same time, it is leading by example and reducing the number of seats by 10%. In New Brunswick, the government—also a Conservative government—is also leading by example in these times of fiscal austerity and reducing the number of electoral districts.

What does the Minister of State for Democratic Reform have to say to explain his government's lack of consistency? Nothing. The only flimsy argument he could find was that we cannot reallocate seats in the House because we would pick winners and losers. Is the minister serious? Who is he trying to kid with this empty rhetoric? Listen to Canadians who are telling him that, with the government's plan and this inflated House of Commons, Canadians all lose.

What Canadians are telling us loud and clear is that with the Liberal plan, all Canadians would be winners. They would enjoy a more equitable, more representative House of Commons with the same number of MPs as today.

Currently, the Government of Canada is the only federal government that deems it necessary to increase its number of MPs when there is a need to rebalance regional representation in Parliament. The only federal government on this planet. This is unnecessary and unsustainable practice. What is important is not the absolute number of seats; it is the number of seats relative to the whole.

As Professor Sancton told the committee:

The key issue is the fairness of the formula itself and how it affects the relative representation of each of the provinces in relation to the others. Except for incumbent and aspiring MPs, I believe the absolute number of seats in a particular province is quite irrelevant.

This is the reasoning adopted by other democracies, one which also applied to Canada not so long ago. Why not return to this common sense position?

After all, the number of seats in the House of Commons did not change for a quarter century. In 1953, there were 265 seats in the House. Twenty-five years later, in 1978, there were 264. And Canada was no worse off.

According to Professor Sancton, since Confederation there have been 22 instances of individual provinces losing members of Parliament as a result of redistribution of seats following a census.

Professor Nelson Wiseman from the University of Toronto pointed out to the committee that every single province in Canada, except Newfoundland, Alberta and British Columbia, has lost seats in some redistributions.

I have already pointed out that in our provinces during the 1990s, Ontario reduced its number of MPPs from 130 to 103. Likewise, during that same decade, the numbers in New Brunswick went from 58 to 55, in Prince Edward Island they went from 32 to 27, in Newfoundland and Labrador they went from 52 to 48, in Saskatchewan from 66 to 58, while Manitoba has consistently had 57 seats since the 1950s.

Keeping a reasonable number of seats would be possible throughout the democratic world, in our provinces and in this House, as it was not so long ago. Why is this possible everywhere else and at all times, but not in the House of Commons of Canada today? This Conservative government is about to impose on Canadians the largest inflation in the number of federal seats in the history of the federation at a time when it is making cuts everywhere else. It makes no sense.

We need to think about the future. We already have a higher MP-to-population ratio than is the norm in democracies, especially if we take into account that in our decentralized federation there are many pressing issues, such as schools and hospitals, that members of Parliament do not have to address.

Professor Ken Carty said to the committee:

Our national House of Commons is now more than twice the size of that of our Australian cousins, and I find it difficult to think how we can justify this continual growth.

However, the government's empty rhetoric about winners and losers would condemn Canada to such perpetual growth.

The Minister of Democratic Reform himself admits that under his formula, according to current population projections, the House will increase from 338 seats in 2011 to 349 seats in 2021 and 354 seats in 2031. However, it may grow even faster than that. If we take the Statistics Canada high-growth scenario, the formula in Bill C-20 would impose on Canadians a 357-seat House in 2021 and a mammoth House of 392 seats in 2031, yet according to a 1996 study quoted by the minister, the current House of Commons can only accommodate 374 members of Parliament.

It is time to put an end to this obligation to always add MPs decade after decade. It is time to halt the perpetual expansion of the House of Commons.

I began my remarks by saying that it would be great if we were all voting together on this issue as democrats who were able to agree about the basic rules of democracy. In closing, I would like to quote one of my Conservative colleagues, for whom I have a lot of respect. The member for Wellington--Halton Hills said in the House:

I think the proposal by the member for Saint-Laurent--Cartierville is a principled one but I think, politically, it is untenable.

Well, the Liberal plan is principled indeed, but it is also perfectly tenable, because it is what Canadians want: a fair, equitable and representative House of Commons, a House that is fair with respect to provincial representation, fair to taxpayers, fair to those who will suffer the impact of fiscal restraint, fair and true to our democratic principles.

Since we can achieve fairness with 308 seats, we should not bring the number up to 338. That is the bottom line. Let us show political leadership and the courage to do the right thing. The government should embrace the Liberal plan; Canadians would be thankful.

We must say no to Bill C-20 in its current form, no to this bill to bloat Parliament.

We must say no to this “more politicians” bill.

We must say yes to the Liberal plan for a fair and reasonable House of Commons, a House that maintains it current size. Let us stand together to show Canadians that we, their members of Parliament, are not here to serve ourselves, but are here to serve Canadians and Canada.

Fair Representation ActGovernment Orders

December 13th, 2011 / 11:20 a.m.


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Conservative

Brad Butt Conservative Mississauga—Streetsville, ON

Mr. Speaker, only the Liberal Party of Canada can argue against more democratic representation rather than less democratic representation. It is unbelievable. I represent a constituency of close to 140,000 residents. It is more than the entire island of Prince Edward Island, yet I am willing to respect the fact that Prince Edward Island has a history of a certain minimum number of seats being guaranteed.

I would like to know from the member which provinces are losers under the Liberals' proposal? Which provinces would they steal seats from to give to Ontario or to other provinces, such as Alberta and British Columbia, where the populations are increasing?

When 308 was established as the number of seats, our population was under 30 million people. We are almost over 33 million now. I think my constituents deserve to have access to me as often as possible. However, if we remain at 308 seats, it is going to mean members of Parliament are still going to represent 120,000, 130,000 or 140,000 people in some parts of Canada, while in other parts of Canada they will represent a much smaller number. Who will the losers be under the Liberal plan?

Fair Representation ActGovernment Orders

December 13th, 2011 / 11:20 a.m.


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Liberal

Stéphane Dion Liberal Saint-Laurent—Cartierville, QC

Mr. Speaker, all Canadians would win with the Liberal plan. If we would have been able to work together, we would have shifted nine seats out of five provinces to give to three provinces. It is not the end of the world; Canada has done that many times in the past, and provinces are doing it all the time. Other countries are doing it all the time, and nobody speaks about winners and losers.

However, if he wants to know who would lose, in his province of Ontario, under the Conservative plan, Ontarians would have to pay for 30 more politicians, 15 here and 15 in the province. The province of Ontario would mirror the federal jurisdictions. There would be 30 more politicians; ask Ontarians, not politicians, if they want 30 more politicians.

The Liberal plan would give them eight more politicians. That is much more reasonable. That is why Ontarians embrace the Liberal plan and reject the Conservative plan.

Fair Representation ActGovernment Orders

December 13th, 2011 / 11:20 a.m.


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NDP

Pat Martin NDP Winnipeg Centre, MB

Mr. Speaker, I recognize the expertise of my colleague from the Liberal Party in this matter and the contribution he has made in this subject matter in his many years in this House of Commons.

However, I would ask two questions.

First, I did not hear him speak to the point that reasonable people are reasonably disagreeing on this matter and that the bill has perhaps not matured. The bill has perhaps not reached its gestation, and imposing closure on it, truncating debate on such important subject matter, does not serve the democratic process well.

Also, I did not hear him comment on what I believe is the Trojan Horse effect of the bill, which is that while we are debating the allocation of seats and the distribution of seats, we are missing the point that the Conservatives are stripping away the funding for democracy, the per-vote federal contribution to the democratic process, in an attempt to annihilate the Liberal Party specifically. Their real goal here is to stamp out his party, not to reallocate seats throughout the country.

Fair Representation ActGovernment Orders

December 13th, 2011 / 11:25 a.m.


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Liberal

Stéphane Dion Liberal Saint-Laurent—Cartierville, QC

Mr. Speaker, I raised this very issue with the minister when he delivered his speech. I asked why the Conservatives were rushing this bill rather than trying to amend it in order to improve it. We tabled ideas and numbers and so on. The minister just engaged me in a debate today, a couple of hours before the vote. It is very important to realize that he had orders, I think, that this bill should not be amended and that it would be voted on as it was a month ago, as if nobody had spoken and as if no experts had told the Conservatives that they were wrong in increasing the size of the House.

I must add, though, that it would have been helpful if the NDP had been constructive in this debate. It could have tabled its own numbers and its members could have said what it means to have all these rules that they want to apply in order to please everyone in this federation, but at the cost of a mammoth House that would be even bigger and fatter than the Conservative one.

I find it very unfortunate that the NDP never addressed the issue of the constitutionality of its proposal, because all experts have said that Parliament alone cannot freeze forever the representation of a province.

Fair Representation ActGovernment Orders

December 13th, 2011 / 11:25 a.m.


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Liberal

Mark Eyking Liberal Sydney—Victoria, NS

Mr. Speaker, I commend the member for Saint-Laurent—Cartierville on his leadership on constitutional changes.

My question is about Nova Scotia. I am an MP from Nova Scotia, and it is my understanding that under his plan we would be losing one seat. However, it is also my understanding that we might gain representation.

Would the member explain for the people of Nova Scotia how losing one seat would also gain them representation in this House?

Fair Representation ActGovernment Orders

December 13th, 2011 / 11:25 a.m.


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Liberal

Stéphane Dion Liberal Saint-Laurent—Cartierville, QC

Mr. Speaker, my colleague is right. Nova Scotia, under the Liberal plan, would be at its Senate floor and would have 10 seats instead of 11. However, since the Conservative plan would give 30 seats to other provinces and none to Nova Scotia, at the end of the day Nova Scotian representation would be roughly the same as it would be with the Conservative plan.

I have spoken with enough Nova Scotians to know that they do not want more politicians. They think it is a bad idea to have the most inflated House in the history of this federation at a time when the government is slashing and cutting, especially in services key for Nova Scotians, such as fisheries, search and rescue, and all these front-line services. The finance minister would cut these services by 10%; the same finance minister would increase the number of seats by 10%, with none of them going to Nova Scotia.

Fair Representation ActGovernment Orders

December 13th, 2011 / 11:25 a.m.


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Conservative

Terence Young Conservative Oakville, ON

Mr. Speaker, the member for Saint-Laurent—Cartierville mentioned provinces that reduced the number of seats. I was a member of a government that reduced the number of seats. I was one of the ones whose seat was lost, so I had a personal stake in it.

I supported the bill, which was called the Fewer Politicians Act. It was largely symbolic, because between 1995 and 1999, when we had a massive deficit, we wanted to show the people of Ontario that we were willing to sacrifice ourselves and save money across the board. I will tell the member what happened.

First of all, I lost my riding and I lost my job. That was my choice. I agreed with it in principle. However, when I started to talk to my constituents, most of them had never even noticed. They asked if I was on the job, and I told them that my riding had disappeared in the election. They were very upset, because MPs and MPPs provide service to their community. One of the most important and fundamental parts of our democracy is that people can meet with their member of Parliament or MPP, but there are only so many days to do that. We might have Fridays or Saturday mornings in our ridings, and we have weeks off.

When there are fewer politicians, people do not get the same service. It is all about service, so people were profoundly upset that I was not on the job for them. I heard that from other parts of Ontario too. However, adding seats in the provinces that are under-represented now would mean that those people would get better service from their members of Parliament.

Would the member be willing to give up his seat? Would he be willing to give up seats in Montreal or Quebec? Does he want to be the one to explain that to the people of Quebec who might have fewer seats?

May I suggest that the member do a telephone town hall? He can get up to 10,000--

Fair Representation ActGovernment Orders

December 13th, 2011 / 11:30 a.m.


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The Acting Speaker Barry Devolin

Order, please. The hon. member for Saint-Laurent—Cartierville.

Fair Representation ActGovernment Orders

December 13th, 2011 / 11:30 a.m.


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Liberal

Stéphane Dion Liberal Saint-Laurent—Cartierville, QC

Mr. Speaker, maybe I will start at the end.

I would tell the member that I am sure Quebeckers do not want 30 more seats. They do not see why the government wants to give three more seats to Quebec but 27 seats to other provinces. It gives nothing to us.

If I had to debate this in Quebec, I am sure I would win the debate. According to a poll yesterday, 10% of Quebeckers support the bill, but 57% support the Liberal plan to have a fairer House without any more seats.

The member said that people were disappointed. Yes, many Canadians will always be disappointed, for valid reasons. There are many reasons to be disappointed about MPs. However, a study by Paul Thomas and others from U of T shows that when we compare Canada and the U.K., where there are more MPs than in Canada, the quality of the representation does not improve.

Now that we have the technological and social tools to reach people much better than before, we are able to do the job with 308 seats. That is what Canadians are telling us.

At a time when the member's government is slashing everything, why does it want to boost the number of seats in the House by 10%?