An Act to repeal the Clarity Act

This bill is from the 41st Parliament, 1st session, which ended in September 2013.

Sponsor

André Bellavance  Bloc

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

Status

Outside the Order of Precedence (a private member's bill that hasn't yet won the draw that determines which private member's bills can be debated), as of March 6, 2013
(This bill did not become law.)

Summary

This is from the published bill.

This enactment repeals the Clarity Act.

Elsewhere

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

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-457s:

C-457 (2019) An Act to amend the Employment Equity Act
C-457 (2010) An Act respecting the Insurance Business (Banks and Bank Holding Companies) Regulations
C-457 (2009) An Act respecting the Insurance Business (Banks and Bank Holding Companies) Regulations
C-457 (2007) An Act to amend the Income Tax Act (interest rates on debts owed) and to make a consequential amendment to the Income Tax Regulations

Votes

March 6, 2013 Failed That the Bill be now read a second time and referred to a legislative committee.

The Quebec NationStatements by Members

March 6th, 2013 / 2:05 p.m.


See context

Bloc

André Bellavance Bloc Richmond—Arthabaska, QC

Mr. Speaker, tonight's vote will be telling. On November 27, 2006, the House formally recognized the Quebec nation. The time has come to recognize all the powers that come with nationhood, including the inalienable right to self-determination. In passing the Clarity Act, the federal government unilaterally claimed the right to interfere in the democratic process by determining what question and what majority are acceptable and on what terms Quebec can be master of its own destiny.

Under René Lévesque, Quebec's National Assembly passed the Referendum Act, which paved the way for the referendums. The “yes” and “no” sides voted in those referendums, and no one questioned the act's legitimacy. None of the parties in the National Assembly, sovereignist or federalist, accept the idea that the Clarity Act takes precedence over Quebec's laws. No one accepts the idea of a trusteeship or a veto.

This evening, the members who recognize the Quebec nation should be voting in favour of Bill C-457.

Opposition Motion--SenateBusiness of SupplyGovernment Orders

March 5th, 2013 / 3:55 p.m.


See context

Liberal

Dominic LeBlanc Liberal Beauséjour, NB

Mr. Speaker, I will be splitting my time with the hon. member for Charlottetown, so people can stay tuned and look forward to his comments.

I am happy to speak to the motion today from my colleague from the New Democratic Party, the member for Toronto—Danforth. I and my colleagues in the Liberal caucus will be voting against the motion when it comes up for a vote. In our view, not only is this motion constitutionally very naive, it may in fact even be a cynical attempt on the part of the New Democrats to change the channel on what will be a difficult evening for them tomorrow night when they are forced to get up and vote on a Bloc Québécois private member's bill, Bill C-457, with respect to the Clarity Act.

It is constitutionally naive because, although some NDP members in their comments have suggested otherwise, most constitutional experts acknowledge that not changing the character of the Senate but abolishing the Senate would require the unanimity of the provinces, and that is for a very important reason. At Confederation, the Senate was, as members will know, designed to offer the smaller provinces in our federation a chance to have some regional balance that would not necessarily be found in this chamber, which reflected the population of different provinces and different constituencies. The New Democrats realize that unanimity with respect to abolition of the Senate would be impossible and, if we are being generous, we might even say it would be very hard to achieve.

The member for Vancouver Kingsway offered examples of premiers who had been in favour of the abolition of the Senate, but they are from Canada's most populous provinces. That the premier of Ontario or the premier of British Columbia may favour the abolition of the Senate should not surprise many Canadians. It would surprise me if the premiers of small provinces such as the premier of Manitoba, the premier of my own province of New Brunswick or the New Democratic premier of Nova Scotia were in favour. These premiers correctly recognize that the Senate offers the smaller provinces in our federation a chance in the Canadian Parliament to have some balance.

The opening of the Constitution, as my colleague from Saint-Laurent—Cartierville so properly pointed out this morning, would offer a constitutional swamp that would see no end. There is the idea that we could have the partners in our federation come to a constitutional meeting. We know the Prime Minister certainly is averse to any meetings that would involve all first ministers in the federation, so we should not hold our breath for that ever to happen. It has not happened on issues as important as the economy, so I find it hard to imagine it would happen on an issue as complicated as abolishing the Senate. However, at that meeting, we know very well that first nations people would want to talk, correctly so, about self-government and aboriginal rights. Certainly the current separatist Government of Quebec would arrive with a laundry list, which would take up a two or three week meeting, of ridiculous grievances and complaints that it would fabricate to try to hijack the meeting.

As for the idea that we could ever get to a point, Canadians are not interested because we have been at that point. In the 1980s, under the leadership of a Progressive Conservative prime minister, Mr. Mulroney, Canadians remember Meech Lake and they remember the Charlottetown accord process. Canadians are correctly asking their elected parliamentarians to focus on issues that affect their daily lives, like the economy, youth unemployment and the environment. Those are the calls I get in my constituency office in Shediac. I have not had numerous people say to me that we need to convene a first ministers conference to discuss the issue of abolishing the Senate.

I understand why the NDP tried, somewhat cynically, to take advantage of some of the problems the Senate is having right now.

We have seen in reports from various media outlets that expenses have been called into question and that some senators seem to be having difficulty determining their place of residence.

Obviously, we are not in any way minimizing the importance of settling and resolving the situation and holding accountable anyone who acted inappropriately.

That is why the Standing Senate Committee on Internal Economy, Budgets and Administration decided, on its own initiative, to refer certain cases to a major external audit that will be made public, and some cases involve certain senators appointed by the current Prime Minister. I have no doubt that if the external audit indicates potentially fraudulent circumstances, the senators will do the right thing and refer everything to the appropriate authorities. The Senate takes its financial responsibility seriously.

We are in no way minimizing the concerns of Canadian taxpayers about circumstances that are of significant concern to us. I must say that no one in the Liberal caucus will object to having people who may have done something inappropriate face serious consequences, including prosecution, if so required.

However, we cannot pretend that we need an endless constitutional discussion because there is currently an issue with residency or expenses. This problem may be resolved severely, appropriately and quickly, as the Senate itself has said. I think this is an attempt by the NDP to change the subject. Perhaps the NDP is thinking that tomorrow evening, with the vote on Bill C-457 , put forward by the Bloc Québécois, will be difficult for them. We know very well that the NDP opposed the Clarity Act. The NDP will have to be absent en masse tomorrow evening when we, the Liberals, will vote against this Bloc bill that makes no sense. Sort of along those same lines, the NDP is pretending that another constitutional crisis needs our attention.

The Senate at its very inception, as I said at the beginning of my comments, offers the regions of the country a chance to balance the obvious demographic weight of some of the larger provinces in this chamber. An unelected Senate will certainly never be able to play the effective and, I hope, regionally equal role that the Fathers of Confederation, almost 150 ago, thought this model might achieve.

We need to be clear. The Liberal Party has supported and continues to support the notion of an elected, effective and equal Senate. For us, that would be an appropriate Senate reform measure.

In our view the country is not ready to proceed to a constitutional conference to discuss that at this moment. However, if we were to accept that the abolition of the Senate was in fact the alternative, then smaller provinces like mine in New Brunswick, like Manitoba, where my colleague from Winnipeg North sits as a member of the House, would not have an opportunity to work with the other partners of the federation and hopefully a prime minister who would interested at some point in having a discussion, when the moment was right, on how we could achieve an elected, effective and equal Senate.

My colleague from Toronto—Danforth, a member for whom I have considerable respect, also has on the order paper his own private member's bill, Bill C-470, which seeks itself to abolish the Clarity Act and substitute this bizarre 50% plus one formula, which shocks many Canadians, as a threshold to break up the country.

I think some NDP MPs would also have difficulty voting, and I am thinking of my friend from Acadie—Bathurst, who represents so well francophone minorities outside Quebec. For him to get up and have to vote for a bill by the member for Toronto—Danforth would obviously be difficult. That is probably why it is so low on the order of precedence, with no possible hope of ever actually coming before the House to be debated.

It is a cynical attempt, from our perspective, to change the channel at a time when Canadians think we should be referring and discussing issues a lot more important to the daily lives of Canadians than a pipe dream that somehow we could convene a constitutional conference to abolish the Canadian Senate.