An Act to amend the Parliament of Canada Act (political affiliation)

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

Sponsor

Mathieu Ravignat  NDP

Introduced as a private member’s bill. (These don’t often become law.)

Status

Defeated, as of Feb. 8, 2012
(This bill did not become law.)

Summary

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

This enactment provides that a member’s seat in the House of Commons will be vacated and a by-election called for that seat if the member, having been elected to the House as a member of a political party or as an independent, changes parties or becomes a member of a party, as the case may be. A member’s seat will not be vacated if the member, having been elected as a member of a political party, chooses to sit as an independent.

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

Feb. 8, 2012 Failed That the Bill be now read a second time and referred to the Standing Committee on Procedure and House Affairs.

Parliament of Canada ActPrivate Members' Business

November 2nd, 2011 / 5:50 p.m.


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NDP

Mathieu Ravignat NDP Pontiac, QC

moved that Bill C-306, An Act to amend the Parliament of Canada Act (political affiliation), be read the second time and referred to a committee.

Madam Speaker, this evening we are debating Bill C-306, An Act to amend the Parliament of Canada Act (political affiliation), which concerns the foundation of our democracy. Before debating the bill, I would like to take this opportunity to congratulate my colleague from Sackville—Eastern Shore on his excellent work over the years to ensure that this bill was introduced in each new session of Parliament. It is an honour for me to introduce it once again and to have seconded it the first time.

The bill provides that a member’s seat in the House of Commons will be vacated and a by-election called for that seat if the member, having been elected to the House as a member of a political party or as an independent, changes parties or becomes a member of a party, as the case may be. However, I would like to point out that the seat will not be vacated if the member, having been elected as a member of a political party, chooses to sit as an independent.

I believe that this bill will help restore Canadians' faith in our democracy. For these reasons, I am asking members on all sides to support it. Recently, the government proposed certain political reforms, and we hope that it will show that it takes them seriously by supporting this bill.

This bill also reflects a fundamental objective of my party, which is to do politics differently in order to renew people's trust in elected officials. It is unfortunate that, in a number of surveys on Canadians' trust in different professions conducted in recent years, politicians were always ranked at the bottom. Politicians who crossed the floor in recent years only added fuel to the fire. Even though there has been a slight increase in political engagement in recent elections mainly due to our party, it is not difficult to see that the Canadian political system, in particular the politicians, no longer inspires the confidence of people in general. In the last election, few observers talked about Canadians' interest and engagement in the democratic process and what Canadians think of politics in general.

I will now fill that gap. To shed light on these issues the Association for Canadian Studies commissioned Léger Marketing to ask Canadians a series of questions that offer insight into political interest and engagement. The results show that Canadians have a negative view of politicians and that the vast majority of Canadians do not recommend pursuing a career in politics. Just over one in five do not think that most politicians can be trusted and a similar percentage would recommend a career in politics. In fact, the vast majority would not suggest pursuing such a career.

More specifically, when asked whether most politicians can be trusted, only 3.1% agreed. When asked whether they would recommend that a friend or family member pursue a career in politics, only 4.9% said that they would. The entire system is being called into question. When asked why they think Canadians choose not to vote in elections, most suggest it is the feeling that their vote has no impact. The second reason offered by Canadians as to why people decide not to vote is that they do not like any of the choices.

With regard to the choices offered, 26.9% of men did not like the choices as compared to 31.3% of women. We should all be wondering why they do not like the choices offered. Something is not working at the political level. In addition, when we look at the figures on politics in general from a language perspective, 40% of francophones did not like politics, as compared to 46% of anglophones and 41% of allophones. It is unbelievable. Voter turnout for Canadian elections is still a major challenge. For the past five elections, the trend has been down: voter turnout was only 61% for the last election.

Canada is now behind countries like Italy, Spain, the Czech Republic and even Greece. Even if we are ahead of the United States, we are still behind Great Britain and New Zealand.

Over the past 30 years, political cynicism has been on the rise in Canada. For example, since 1982, the feeling that honesty and integrity among members of Parliament are weak or very weak increased in 49% of Canadians. In my province, Quebec, according to an article in La Presse:

The results [of the survey] show that 87% of respondents chose words like “discouraged” or “put off” to describe how they feel about politics. One in five voters, or 21%, said that they were [completely] indifferent. Only 9% said that they felt optimistic and 11% felt passionate about politics. Among Quebec voters of average age, 34 to 55 years, the proportion of those who felt discouraged or put off by politics climbed to 94%.

When respondents were asked whether they considered themselves to be disillusioned or cynical, 47%, and 50% of women, said that they did, 37% said that they did not and 16% were unsure.

When they were asked why they were so disenchanted, they responded:

Primarily because of integrity. That is the top reason given by 80% of the respondents to explain their disenchantment. Lack of effectiveness came in second, at 72%...Two-thirds of respondents, or 61%, said that “nothing changes in politics”. Lastly, 48% said that politicians have a “lack of ideas”.

I will go on, because it is important.

Nearly 80% disagree or strongly disagree with the statement that “politicians are honest”. Only 14% agree with that statement. Similarly, 88% of respondents disagree with the statement “politicians tell the truth”. [Unbelievable.] Only 9% think that politicians tell the truth. It should be noted that no respondents, or 0%, said that they strongly agree with the fact that politicians tell the truth. Some 69% disagree with the statement that "politicians care about the interests of the public”. However, nearly half, or 45%, acknowledged that “politicians work hard”.

At least we have that.

That is not a pretty picture. A number of articles suggest that the topics Canadians care about most when it comes to trusting politicians is sincerity, honesty, wasting money and lack of public interest.

This is a situation that should concern us all. In order for a democracy to be healthy and to thrive, it must enjoy the confidence of the vast majority of the electorate. If not, we may very well be headed for a democratic crisis such as exists in the United States, where only 49% of people vote in the federal elections. That is less than half of the eligible voters.

There is a clear need to restore the confidence of Canadians. Cases like those of David Emerson and Belinda Stronach have greatly contributed to weakening Canadians' opinions of our political institutions, but so have consistent governments that have done nothing with regard to political reform.

For example, in 2006, by defeating the bill introduced by my distinguished colleague, Mr. Stoffer, the Liberals, who were in power and were backed by the Bloc Québécois, simply maintained--

Parliament of Canada ActPrivate Members' Business

November 2nd, 2011 / 6 p.m.


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NDP

The Deputy Speaker NDP Denise Savoie

Order. I would like to remind the hon. member that he cannot refer to another member by name.

Parliament of Canada ActPrivate Members' Business

November 2nd, 2011 / 6 p.m.


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NDP

Mathieu Ravignat NDP Pontiac, QC

I am sorry. I meant to say “my distinguished colleague from Sackville—Eastern Shore.”

I will resume. The Liberals, who were in power backed by the Bloc Québécois, simply maintained the status quo in 2006. They proved to Canadians that the political class was once again not truly interested in democratic and ethical reforms for Parliament.

We need to give voters in Canada a greater say in the political future of their elected representatives, particularly those who want to cross the floor in order to satisfy their careers.

The point of principle here is this: whose seat is it that we or I am sitting in? This seat is not mine; it is the seat of the people of the Pontiac. I feel very strongly that our political future as MPs must always be decided by our constituents. Only when we stand up on principle and give greater control to the Canadian electorate will some of the cynicism felt by voters in this country fade. It is a fundamental question of accountability to the people we represent. No one should have a problem with that.

Since the NDP introduced the bill in 1997, there has been broad support for it among Canadians. Given the above, this does not surprise me. Ordinary Canadians are tired of the ping-pong game of politics. The reality is that nobody votes for a candidate without considering what party he or she belongs to. It is a true slap in the voter's face when elected representatives join another party without seeking approval from their voters.

Parties are there to present a series of values to Canadians. Election platforms are value statements, and Canadians connect with those values. Canadians know there are differences in values between political parties. They know that the NDP is not the Conservative Party. It is a grave injustice to treat their choices and their political values as though they have no consequence. It is an insult to their intelligence.

Honestly, I do not see this as a partisan issue. It is about disciplining us all, on this side of the House and theirs. NDP MPs as much as government MPs would be bound by this legislation.

The government has made a number of proposals with regard to democratic reform. The Conservatives themselves have been concerned about democratic reform ever since they were in opposition. There seems to be an openness by the government with regard to taking action on these matters, but time will show us how serious the government is about reform and about eliminating the backroom dealings that Canadians have come to hate about our political system.

Resistance to this legislation equals resistance to cracking down on backroom deals and secret deals. Fixing Ottawa has to start with ourselves. If the Prime Minister and the government, as well as the other parties represented in the House, are serious about democratic reform, then they should vote for the bill.

This bills aims to discipline us, as representatives of the people, to make us more accountable to the voters' wishes and to cut down on petty politics. It is aimed directly at cynicism.

Many people will undoubtedly ask us, “Why this time? Why now, when it did not work the last time?” When the NDP introduced this bill in 1997, there were 21 NDP members; in 2001, there were 14. We are bringing it back again, now we have more than 100 members, because we believe in it. It is important to us and to Canadians. We are simply continuing what was previously started by the NDP. This is important to us. Today, thanks to Canadians, we are now in a better position, as the official opposition, to get this bill passed.

To conclude, this bill gives us a golden opportunity to show Canadians that we are truly ready to be more responsible and to respect their political choice.

Parliament of Canada ActPrivate Members' Business

November 2nd, 2011 / 6:05 p.m.


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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Madam Speaker, it is interesting that the member would propose such a bill. This is a bill that actually passed in the Manitoba legislature.

There were individuals who presented in committee and raised a great deal of concerns. I was told by one individual, and we can do some research to find out if in fact it is the case, that Winston Churchill had crossed the floor on several occasions.

If the issue is to get people engaged and believe in politics, and re-establish this honourable profession as it is, we could probably do more by addressing the whole issue of, for example, negative advertising and the impact that has had. The way in which some campaigns rely on negative advertising in order to capture votes also discourages people from voting.

If we want to get individuals to go out and vote, we have give them a choice. Maybe we could put “none of the above” on the ballots. These are things that would increase the amount of voter participation.

My feeling is that, yes, we do need to get more people involved in the process. There are many other things that we could do that would have a very real impact in terms of voter turnout.

I am not too sure, and this is one of the issues that was raised in Manitoba, if this is constitutional. If we have members of Parliament who, in good faith, for whatever reasons, believe they cannot participate or believe it is in their constituents' best interests to take a certain action, like Sir Winston Churchill who many recognize as one of the greatest parliamentarians, do we deny them the opportunity to take an action that they feel is in fact appropriate?

I see them as two different issues, in terms of voter turnout versus something that--

Parliament of Canada ActPrivate Members' Business

November 2nd, 2011 / 6:10 p.m.


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NDP

The Deputy Speaker NDP Denise Savoie

Order, please. I would like to give the hon. member for Pontiac a chance to respond.

Parliament of Canada ActPrivate Members' Business

November 2nd, 2011 / 6:10 p.m.


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NDP

Mathieu Ravignat NDP Pontiac, QC

Madam Speaker, I am certainly not opposed to some of the suggestions that the member has put forward, with regard to engaging the population.

When it comes to constitutional issues, as the member will know, the bill actually proposes that the individual sit as an independent. So, it directly relates to the role that political parties play in choices during elections. One could question it, but then again, political parties have a particular place in our Canadian democracy. They do represent a certain number of choices, a certain number of values, and those choices should be respected by politicians of all stripes.

Parliament of Canada ActPrivate Members' Business

November 2nd, 2011 / 6:10 p.m.


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NDP

Françoise Boivin NDP Gatineau, QC

Madam Speaker, I very much like the private member's bill introduced my colleague. Having had a previous life in another party, I feel very comfortable saying that when I decided—completely voluntarily—to join the NDP, I did so by getting elected as a new member of this party. I did not leave in the middle of a term after earning the trust of my constituents under one banner, and then for some reason, no matter how valid, change my mind and cross the floor.

To pick up where the hon. Liberal member left off, what I like about the bill introduced by my colleague from Pontiac is that it does not take away an individual's right to change parties. It simply says that if someone leaves a party, he or she must be re-elected. I wonder if the member for Pontiac could explain this bill a little more—

Parliament of Canada ActPrivate Members' Business

November 2nd, 2011 / 6:10 p.m.


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NDP

The Deputy Speaker NDP Denise Savoie

Order. The hon. member for Pontiac has less than a minute to respond.

Parliament of Canada ActPrivate Members' Business

November 2nd, 2011 / 6:10 p.m.


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NDP

Mathieu Ravignat NDP Pontiac, QC

Madam Speaker, I thank the hon. member for Gatineau for the question.

We are talking about the case of someone who wants to cross the floor during their term. I think it is responsible and reasonable to leave one's party to sit as an independent, and then ask voters to elect that individual in a given political party. There are many good reasons for crossing the floor. We are not attacking the principle. We are attacking the principle of not asking voters to re-elect such individuals when they change their political party.

Parliament of Canada ActPrivate Members' Business

November 2nd, 2011 / 6:10 p.m.


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Calgary Centre-North Alberta

Conservative

Michelle Rempel ConservativeParliamentary Secretary to the Minister of the Environment

Madam Speaker, I am here to speak today to Bill C-306, introduced by the member for Pontiac, which addresses changes in the political affiliations of members of Parliament, or more commonly known as floor crossing. The bill would require the resignation of a member of Parliament and a subsequent byelection if the member crosses the floor to sit as a member of a different political party.

While I understand that the goal of this bill would be to ensure that a member's decision to cross the floor is endorsed by a member's constituents, the result of it would be simple. This bill would seriously undermine the independence of members of this House and I do not think that is something we should encourage or support.

This bill would have some practical negative consequences. The bill would impose restrictions upon members who wish to express a different position than the one endorsed by a majority of their caucus. This bill would also impede members of Parliament in representing the interests of their constituents, which is one of the fundamental duties under our Constitution.

I want to briefly go over the details of this bill and then explain in more detail why I believe restrictions on floor crossings would not fit with our Westminster parliamentary system and are inadvisable.

Bill C-306 would require a byelection whenever members join a different registered party than the one that has endorsed them for the previous election or if they were elected as independent candidates during the previous election and subsequently join a political party. However, Bill C-306 would not require a byelection when members leave or are expelled from their caucus to sit as independents, leave their party to form a new party that does not yet have registered party status under the Elections Canada Act or, and I stress, two parties that have registered status under the Elections Canada Act merge. According to the Elections Canada Act, a party obtains registered party status when it endorses at least one candidate for an election, provided it has made the proper application to the Chief Electoral Officer at least 60 days before the issue of writs for that election.

So here are the details. I have some concerns about the technical wording of the bill and not only with its principles. I will speak a bit about the bill's reference to registered parties. Our party system plays a fundamental role in our democracy but, in fact, there are a few statutory provisions regulating the role of political parties in Parliament itself, including the Parliament of Canada Act which Bill C-306 would modify.

In contrast, the roles, rights and obligations of individual members of Parliament are well established in Canada's legislation whereby members of Parliament are central actors in our Westminster system of government. Practically, the caucus system in our Parliament is joined with, but distinct from, the registered party system.

Bill C-306 would go against existing rules and traditions by allowing the party machinery to take precedence over individual rights and responsibilities of each member of Parliament and their caucus choices. This does not correspond to our system of government. As I stated earlier, I believe Bill C-306 would have negative and undesirable consequences on the roles of members of Parliament.

In effect, the bill would require members who fundamentally disagree with their caucus or with the leader of their party to resign their seat or to sit as independents. However, it would blur the line between party membership and caucus membership. Such restrictions would strengthen the control of political parties over individual members by bolstering a party's threat of expulsion in order to maintain party discipline and limit the representative role of members.

Therefore, the bill could discourage elected representatives from expressing their views in caucus debates and encourage party leaders to act without regard to their caucus members' best interests.

We should remember that members of Parliament have three competing but equally important representative roles in Parliament. They are to represent the interests and opinions of their constituents, to present their personal views and judgments, and to support and promote their political parties and party leaders.

By seeking to punish members of Parliament who disagree with their parties so fundamentally that they decide to change their political affiliation, the bill would focus exclusively on the party role of members. This would be detrimental to the individual roles of members, including their duties to act as trustees of the public interest and that of their constituents.

Moreover, the decision to cross the floor cannot be taken lightly. It is an important decision, often with significant consequences.

Of the six members who have crossed the floor since the 2004 election, only one has managed to be re-elected in a subsequent election as an independent candidate. The same premise applies to members of Parliament who have decided to leave or who were expelled from their caucus to sit as independent members. Of the six members who left their caucus to sit as independent members since the 2004 election, only one was re-elected in a subsequent election. What does this mean?

Members are subject to scrutiny by the public, by the media, by parliamentary colleagues, and most importantly, by their voters, their constituents back at home in the next general election. Therefore, I believe this bill is unnecessary as it is that court of opinion by which members are truly judged. To emphasize, general elections themselves are the appropriate mechanism to hold members of Parliament accountable for their actions.

According to the Library of Parliament, there have been approximately 194 floor crossings since Confederation. The floor crossing tradition reflects the importance of preserving the independence and mobility of members of Parliament to vote with their feet when they feel it is in the best interests of their constituents or the country to do so.

None of our provinces require a byelection when a member of their legislative assembly changes political affiliations, although Manitoba requires members who leave their caucus to sit as independent members until the end of their terms. Moreover, crossing the floor exists in other Westminster parliamentary systems. The United Kingdom, Australia and New Zealand do not currently impose restrictions on floor crossings.

When New Zealand went through a transition period from the first past the post electoral system to a mixed member proportional system, it had passed legislation to prevent floor crossings as a temporary measure in 2001. However, it did not renew these provisions after the 2005 election as they turned out to be ineffective.

This is consistent with the fact that laws banning floor crossing are rare in established democracies, but common in nascent democracies where they are defended as temporary measures designed to consolidate a parliamentary system. We are certainly not in that position here in Canada, nor are our peer countries. I simply cannot see the need for the provisions of this bill.

In conclusion, party affiliation is certainly an important factor when Canadians cast their vote, but they also expect elected representatives to act according to their convictions when they represent local interests at the national level. Ultimately, members are held accountable by their constituents at the next election. Therefore, I encourage all members to opposed Bill C-306

Parliament of Canada ActPrivate Members' Business

November 2nd, 2011 / 6:20 p.m.


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Liberal

Stéphane Dion Liberal Saint-Laurent—Cartierville, QC

Madam Speaker, my remarks will not take very long. It is late. I would like to tell the hon. member that his bill is based on good intentions. However, there is a principle that we do not create laws unless it is necessary to do so. In this case, I do not feel that it is necessary. I have sat in this House since 1996 and only once did it not seem legitimate to me when a member crossed the floor.

However, we do not enact a new law for one case. Mr. David Emerson, a couple days after the election, crossed the floor to be appointed minister. That was unacceptable as he campaigned against the Conservative Party, but a few days later became a minister. If this were a pattern, of course, I would agree to do something, but it is an exception.

In the other cases that I have seen, the members who changed parties had legitimate reasons for doing so. For example, when Jean Charest gave up the leadership of the Conservative Party to become the leader of the Liberal Party in Quebec, the Conservative Party really changed. Many Quebec members were no longer part of the new party because the leader had changed and their constituents asked them why they did not join the Liberals. So, they came to us. When election time came six months later, they were all re-elected. The voters followed them. Had they been obliged to resign and had they been prevented from doing their work in their ridings for six to eight months, what purpose would that have served? They told me they were hopeful that their voters would follow them when they made that change.

All hon. members who have switched parties more or less justify their decision that way. They feel that they did not change, but their party did and that they were elected for certain commitments that the party has not respected. They were no longer comfortable in their party and they switched. It does not happen very happen, but it does happen from time to time. Every time it happens—and I do not necessarily approve of the change when it is Liberals who leave to join another party—I am not happy about it, but I cannot deny the legitimacy of the decision. As the hon. member was saying earlier, if voters do not follow them, they will not be re-elected. They will be treated as turncoats and they will be defeated. That is how the system works. I do not see the need to change it when we do not have the necessary justification for unduly strengthening the parties with respect to the free choice of the hon. members of this House, who, for personal reasons, might want, quite legitimately, to change their allegiance.

My colleague mentioned other parliaments earlier. The parliamentarian who quite possibly is the most respected in the history of democracy, who not only saved a country, but a civilization, is Winston Churchill. If ever there was a parliamentarian who switched parties often, it was Winston Churchill. Thus, under certain circumstances I think it is legitimate to switch parties. That being said, I am a Liberal and I will always be a Liberal.

Parliament of Canada ActPrivate Members' Business

November 2nd, 2011 / 6:25 p.m.


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NDP

Peter Stoffer NDP Sackville—Eastern Shore, NS

Madam Speaker, I am completely shocked. I thought the Conservatives were a party of democracy, as were the Liberals. I did not know that even though my name is on the seat here it is not my seat. I do not own this seat. It does not belong to me. It does not belong to my party. It belongs to the 91,000 people I represent in Sackville—Eastern Shore.

I was elected as a New Democratic member of Parliament. However, if in an hour I called the leader of the Liberal Party or maybe the Prime Minister and asked if they wanted me, I could be a Conservative member of Parliament or a Liberal member of Parliament in an hour or even less than that.

Parliament of Canada ActPrivate Members' Business

November 2nd, 2011 / 6:25 p.m.


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Conservative

Royal Galipeau Conservative Ottawa—Orléans, ON

Not a chance.

Parliament of Canada ActPrivate Members' Business

November 2nd, 2011 / 6:25 p.m.


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NDP

Peter Stoffer NDP Sackville—Eastern Shore, NS

I was not elected as a Conservative, a Liberal or a Green member. I was elected as a New Democratic member of Parliament.

If, for whatever reason, I could no longer sit as a New Democratic member of Parliament, either I was being a real rabble-rouser and the party members said that I was being a major pain in the buttocks and that I could not be here any more, or I could no longer live by the philosophy, I would have several solutions to my problem. I could sit as an independent until the next election and make my choice known or I could quit. The premise then would be to seek the nomination of the new party, fly under its flag and seek election under that banner.

It is the people who decide our fate. There is nothing worse than sitting in the House of Commons listening to a new member of Parliament, for whom I have great respect, read bureaucratic notes that are handed to her. Does she not remember what the Prime Minister said when the former member for Kings—Hants joined the Liberal Party and became a cabinet minister. He said that any person who crosses the floor for a few pieces of silver has more or less sold their soul. He was very angry that it happened.

I remember when the great Belinda Stronach left the Conservatives and went over to the Liberal Party. Not one Conservative said that it was a wonderful thing she did. Not one Conservative sent her flowers and said, “Good for you, Belinda, that was great. You exercised your member of Parliament's duty”. No. What they said was very vile. What they said was extremely rude because she was a woman and she was well-known in this country. However, the comments from the Conservative members of Parliament and the Alberta Conservative members of Parliament were beyond the pale. Besides the tone of those comments, they were justified in their anger because a person left the party to sit as a cabinet minister in another party.

I will use the great David Emerson as an example. The beauty of being here for a while is that we get to remember some of these things. David Emerson was a minister in the Liberal government. There was an election in 2006 and the Conservatives won the election.

In February 2006, the cabinet of the Conservative Party was sworn in, and rightfully so, and the beauty of our democracy is that not a shot was fired. However, an hour before the Conservatives took over the government, the former member for Vancouver Kingsway, who was a Liberal cabinet minister when Paul Martin signed off, was sworn in as a Conservative cabinet minister with a better pension, better pay and a car. That was a Liberal cabinet minister who had said that he would be the Conservatives' worst nightmare, and it turned into a dream for him.

Would David Emerson have crossed the floor if he were to sit in the backbench with no critic area or anything? I do not think so.

The reality is that this is not my seat. It belongs to the people of Canada in my riding.

I cannot thank my hon. colleague for Pontiac enough. For the Liberals to stand up and say that they do not like this, they should get real. If we do not start disciplining ourselves, more and more people will not go to the polls. Canadians are telling us that they do not like the fact that we are entitled to our entitlements. The last thing members of Parliament should do is Dingwall the Canadian people. We should stop that.

If a member wishes, for whatever reason, to join another political party while sitting as an elected member of Parliament of a current party, it is quite simple: the member should sit as an independent until the next election, or quit, seek a byelection and explain to his or her constituents why he or she now needs to have another flag over his or her home. That is constitutional responsibility, and that is being true to democracy and to one's constituents.

The Conservative member spoke with bureaucratic notes without really thinking. There are four reasons that members get elected: first, to throw bums out; second, for their leader; third, for their party; and fourth, for themselves. In most cases, being oneself is the last reason people vote for a person.

The member talked about giving too much party discipline to the leader and the party. I remember a certain Conservative defence minister from Central Nova who said, “We don't kick people out of our party for voting against the budget or voting against the wishes of their constituents”. Guess what? Bill Casey, the former member for Cumberland—Colchester—Musquodoboit Valley, voted against the Conservative budget because of the Atlantic accord and, before that man sat his derrière on the seat, he was out of the party. He was gone.

The Conservatives exercised discipline because they triple whipped the vote. We understand that parties do that time and again, but we cannot have a senior minister, who joined the Conservative Party, say publicly in the House of Commons, “We don't kick people out for voting against us and doing what they wish”, and then, before the member could sit down, kicked him out. That is party discipline. We understand party discipline. It happens. It s is what all members of Parliament need to understand when this happens. If members take chances, they take the consequences.

We have a party system but, and I am talking about the ladies and gentlemen across the way, how many of them would have gotten elected as independents? I ask them to put up their hands right now if they could have been elected as an independent in the House of Commons. I do not see any hands going up. The reality is that it does not happen. It is rare that it happens.

Therefore, we should stop abusing the trust of our constituents. Our constituents are the ones who put us here. We tell our constituents which political banner we are being elected under. For whatever reason, it happens all the time. There are legitimate reasons for members to leave their parties. I will bet that members who are here long enough may think maybe it should. However, the reality is that members have a couple of beverages, forget about it and move on.

The truth is that we should never abuse our constituents. This bill would enact more discipline among ourselves and, more important, it is a private member's bill. We would hope that the Conservatives and the Liberals would enact a free vote on this measure, get it to committee and have Democracy Watch and others from across the country attend. I can honestly say that I have been working on this legislation since 1999 and the overwhelming majority of people I have spoken to, not just New Democrats but a lot of Conservatives, Liberals, the Green Party and former Bloc members are fully supportive of this legislation.

They do not want us treating the House of Commons as the no tell motel, where people check in under an assumed name. This carpet is very expensive. We cannot just keep tramping back and forth when we want to. We need to have respect for the institution, but, most important, we need to have respect for our constituents.

This is what this bill is all about and I am very proud of my hon. colleague from Pontiac for introducing this legislation once again. All the Conservatives and Liberals should send ten percenters or householders into their ridings and ask their constituents about floor crossing. They would be surprised at the answers, because I have already done that and I know the answer. The overwhelming majority of Canadians want us to stop that practice, stop the entitlement of entitlements, behave ourselves, be more responsible and understand that the seats do not belong to us. They belong to the people of Canada.

Parliament of Canada ActPrivate Members' Business

November 2nd, 2011 / 6:35 p.m.


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Conservative

Scott Reid Conservative Lanark—Frontenac—Lennox and Addington, ON

Madam Speaker, this is the time of the year that the seasons change with Halloween, the geese fly south and for 30 days the moustache of the hon. member for Sackville—Eastern Shore disappears before it makes its annual return to our chamber.

I want to take this opportunity to address the bill. I think it is an unwise bill. It is problematic on a technical level and I will explain what that is very briefly. However, even if it worked, which I do not think it would, it would do something that is not in the public interest, and that is to establish greater control for the party leadership in each of the parties, not just the governing party but all the parties, over the individual member, something which, frankly, there is too much right now. In fact, that was a fair part of the substance of the member's speech.

I will read one of the four sections by which it would amend the Parliament of Canada Act. The bill states:

Any person holding a seat in the House of Commons who becomes a member of a registered party as defined in subsection 2(1) of the Canada Elections Act is deemed to have vacated the seat and ceases to be a member of the House if, in the last election, the person was endorsed by another registered party or was not endorsed by a registered party.

In other words the member is an independent. It is trying to say that if I were elected as a Conservative in my riding and I crossed the floor to the New Democrats, I would cease to be a member and there would be a byelection. It does not actually achieve that goal because I could just as well sit with the New Democrats as a member of the caucus without being an actual card carrying member of the New Democratic Party. It may very well be that the New Democrats would not accept me, but I am assume if they were willing to accept me on those terms, this whole process would be obviated. There have been many examples, both of opposition parties and of governments which have functioned with members of multiple parties.

The actual goal of the bill will not be achieved even if it is passed. Quite frankly, that is a good thing because the bill is a bad bill. It is a bad idea and it was a bad idea when it was proposed by a New Democratic member a couple of Parliaments ago. I spoke to it then. It was a bad idea when it was proposed by a Conservative member a few Parliaments ago, when I spoke against it and voted against it as well.

It is not because these are bad members or members who are lacking in goodwill, but because anything that establishes further control for the reasons that my hon. colleague from Calgary spelled out in her speech and anything that creates greater control for the party leadership over the individual MPs is a bad thing.

I am not alone in thinking this. As my colleague from Calgary mentioned, there have been 194 floor crossings at the federal level and many more at the provincial level since the time of Confederation. The Library of Parliament apparently did that research, but there have been so many floor crossings that there is actually a Wikipedia article about Canadian floor crossings. I asked one of the researchers to print the pages that dealt with floor crossings since I became a MP in the year 2000.

It is interesting to look at what happened to people who tried crossing the floor. Some of them were defeated in the next election, indicating that their voters did not like what they did. Others were re-elected, some of them many times. I will read some of the names and members will see my point.

In September 2000, just before I first ran and was elected, David Price, Diane St-Jacques and André Harvey all left the Progressive Conservative Party caucus and joined the Liberals. At least two of those were re-elected successfully in the next election.

Rick Laliberte, a New Democrat, left the NDP to join the Liberals at that time as well.

In 2001 there was rebellion against Stockwell Day, the leader of my party at that time. I was a member of the Canadian Alliance and a number of members rebelled against his leadership and sat as the Democratic Representative caucus, a separate group which had not previously existed. Whether that would violate the terms of this act, I do not know, but they sat separately: Art Hanger, Chuck Strahl, Gary Lunn, Jim Pankiw, Val Meredith, Grant McNally, Jay Hill, Jim Gouk, Monte Solberg, Andy Burton, Brian Fitzpatrick, Deborah Grey and Inky Mark all did that. Most but not all of them returned to the new Conservative Party caucus once the new Conservative Party had been created.

Others of us did not go through that process, but we did enter that Parliament as Canadian Alliance Canada and left as Conservatives after the creation of the new Conservative Party, or as Progressive Conservatives, and left as Conservatives. Those were all legitimate changes.

Would they fall afoul of this bill? I do not know, but they were legitimate changes. I can say for myself, I was re-elected with a much more substantial margin following that election. Was it because people liked me more? Was it because they liked the new party more? Was it because they liked the new leader more? I am not sure. It was some combination I suppose, but the point is in the end that choice was validated by my voters.

Continuing along down here, in 2002, this was while the Canadian Alliance was still in existence, before the merger of the CA and PC, Joe Peschisolido, a Canadian Alliance MP, left to join the Liberals. He was defeated in a subsequent election.

In 2003, in the course of the merger negotiations between the PCs and the CA, the member for Kings--Hants left the PCs, just as the new Conservative Party was to be created, to sit as a Liberal, ran, and has been successfully re-elected several times.

That was also what Keith Martin did. He was re-elected twice, or maybe three times after that as a Liberal, and chose not to run in the recent election.

About the same time, a year later, John Bryden, a Liberal MP, stepped down. He sat as an independent first, joined the Conservative Party, and then was defeated in the nomination battle for the Conservative Party, so we never got the chance to see what the voters thought of his proposal.

David Kilgour sat for many years as a Liberal. He had been elected as a Progressive Conservative and chose to cross the floor prior to the 1993 election. He was then re-elected, served as a Liberal, and in fact became a cabinet minister for the Liberals. Clearly, the voters were willing to accept what he did.

Belinda Stronach, of course, left the Conservatives after having sought its leadership. She sat as a Liberal and was re-elected as a Liberal, so voters agreed with that.

Wajid Khan tried leaving the Liberals to join the Conservatives in 2007. He was defeated in the subsequent election. Voters were not willing to accept that.

Blair Wilson ran as a Liberal, was essentially pushed out of his party, and then sat as the first Green Party MP. He was then defeated in the next election, so his voters were not willing to accept that.

As we can see, there is a wide range of people who have done this, and there has been a wide range of voter reactions. The general reaction has not been to say, “We absolutely reject what these MPs have done”. Absolutely not. There has, in fact, been a considerable acceptance when the circumstances seemed legitimate.

I want to make a further point about this. There have been some quite well-known people who have made multiple floor crossing changes. Someone earlier mentioned Winston Churchill. Here is what Winston Churchill did. He was elected in 1901 as a Conservative in England. In 1904, he crossed the floor to the Liberals and served in their cabinet. This rankled the Conservatives so much that in 1915, during the first world war, when the Conservatives joined with the Liberal party to form a coalition government, they demanded that he be demoted as a condition of joining a coalition government, in the time of war, so this really bothered them a lot.

However, as it turned out, his voters thought it was okay and he continued to be re-elected and served until 1924 as a Liberal MP. He was then defeated, spent some time, about a year, as a private citizen, then came back in as a Conservative again. He made the observation, because some people did not approve of this sort of thing, by saying, “Anyone can rat, but it takes a certain amount of ingenuity to re-rat”.

He then went on and served his country, admirably of course, as prime minister. He did save western civilization, so he could not have been all bad. He did so, I should point out, as head of a coalition government. Effectively, he was not a Conservative while he was doing that. He served as prime minister the second time as a Conservative. He served, really, in three different parties. He served as prime minister in two different parties. Clearly, these things are permissible in certain circumstances.

I have a final note, because I know I am just about out of time. My former colleague, Inky Mark, was one of those who was a floor crosser to the Democratic Reform caucus. Here is his history, party wise. He was elected as a Reformer, served as a Canadian Alliance MP when the party changed, then served in the Democratic Reform caucus, then served as a Progressive Conservative, then served in the Conservative Party of Canada. His voters re-elected him over and over again.

Clearly, this is an acceptable practice and I do not think we should make it illegal.