Senate Reform Act

An Act respecting the selection of senators and amending the Constitution Act, 1867 in respect of Senate term limits

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

Sponsor

Tim Uppal  Conservative

Status

Second reading (House), as of Feb. 27, 2012
(This bill did not become law.)

Summary

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

Part 1 of this enactment establishes a framework for electing nominees for Senate appointments from the provinces and territories. The following principles apply to the selection process:
(a) the Prime Minister, in recommending Senate nominees to the Governor General for a province or territory, would be required to consider names from a list of nominees submitted by the provincial or territorial government; and
(b) the list of nominees would be determined by an election held in accordance with provincial or territorial laws enacted to implement the framework.
Part 2 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.

Senate Reform ActGovernment Orders

February 27th, 2012 / 1:10 p.m.
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Conservative

James Lunney Conservative Nanaimo—Alberni, BC

Madam Speaker, the hon. member, being from Nova Scotia, raised the issue about whether senators from Nova Scotia were representing their province. I wonder if she would take issue with the former premier of Nova Scotia, the now retired senator, John Buchanan. Did he not represent Nova Scotia? I wonder if she would take issue with Senator Don Oliver, a well-known lawyer, entrepreneur, educator, a member of the black minority in Nova Scotia, nephew of a Canadian opera singer, politician Bill White and labour union activist Jack White. He is a distinguished Nova Scotian. Is the member suggesting that Senator Don Oliver does not represent the citizens of Nova Scotia?

Senate Reform ActGovernment Orders

February 27th, 2012 / 1:10 p.m.
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NDP

Megan Leslie NDP Halifax, NS

Madam Speaker, Senator Oliver is an interesting fellow. He is one of the few senators who I actually see trying to engage with the community. I get a newsletter from him. I do not agree with his position on policies, but he is someone who tries to engage with community. He is out there doing what he can as a senator and I admire him for that.

However, that does not change my position on the Senate, especially when I am hard pressed to name the senators from Nova Scotia. I am a member of Parliament for the province of Nova Scotia and I do not know their names because they are non-existent in our province. They are not out meeting with people and talking about issues. I do not know what they do and I am here in this place. It is incredible to me.

There are some exceptions to the rule. I think Senator Jim Cowan and Senator Jane Cordy are working hard, but beyond that, it comes down to the fact that the Senate is not working. It does not matter to me that these are nice people who I happen to like, it does not work.

Senate Reform ActGovernment Orders

February 27th, 2012 / 1:10 p.m.
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Liberal

Stéphane Dion Liberal Saint-Laurent—Cartierville, QC

Madam Speaker, I thank the hon. member for making more nuances now than in her speech in answering her colleague and recognizing the merit of many of our colleagues from the other chamber.

However, in her speech she said something completely unrealistic. She said that one vote would be enough of a difference, as in 50% plus one, to abolish the Senate in a judicial recount. That is completely unrealistic. What would she recommend if, in this referendum, some provinces had a clear majority to keep the Senate, but she had her one vote under judicial recount to abolish it?

The member's recommendation would have no impact anyway because the referendum could not change the Constitution. The unanimity of the provinces would still be needed to abolish the Senate.

Senate Reform ActGovernment Orders

February 27th, 2012 / 1:10 p.m.
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NDP

Megan Leslie NDP Halifax, NS

Madam Speaker, I did not say one vote, I said a majority, and 50% plus one is a majority. That is more than one vote. Why would we not follow the will of the majority of Canadians?

If the majority of Canadians are saying that it is something they want, then we act. Maybe I cannot stand here and say that then comes a, b and c. Maybe we need to take some time to figure out what that looks like, and we can find the political will to do it. Just because it might be complicated does not mean we should not try and figure out a way to do it.

The hon. member should not let people tell him that it cannot be done.

Senate Reform ActGovernment Orders

February 27th, 2012 / 1:10 p.m.
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NDP

The Deputy Speaker NDP Denise Savoie

The hon. member for Beauport—Limoilou for a very quick question.

Senate Reform ActGovernment Orders

February 27th, 2012 / 1:10 p.m.
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NDP

Raymond Côté NDP Beauport—Limoilou, QC

Madam Speaker, I want to thank the hon. member for Halifax for speaking about the unfortunate moment when the bill that had been passed by the House was defeated by the Senate.

Indeed, among the very odd measures we find in this bill is the one whereby Senate election candidates have to be appointed by a registered political party, which seems like an awfully partisan shift to me. I would like to know what the hon. member thinks about that.

Senate Reform ActGovernment Orders

February 27th, 2012 / 1:15 p.m.
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NDP

Megan Leslie NDP Halifax, NS

Madam Speaker, I would like to thank the hon. member for his comments.

As always, I am in complete agreement with my colleague and I would like to thank him for the idea.

Senate Reform ActGovernment Orders

February 27th, 2012 / 1:15 p.m.
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NDP

François Lapointe NDP Montmagny—L'Islet—Kamouraska—Rivière-du-Loup, QC

Madam Speaker, I am honoured to rise in the House to speak about Bill C-7, which is complete garbage. I hope it is not too unparliamentary of me to say so.

I came prepared to speak about many issues that have been raised by all sorts of people who are much more qualified than I am. I considered the content of the bill. I will start there. Everything that follows the word “Whereas” is complete nonsense: “it is important that Canada’s representative institutions, including the Senate, continue to evolve in accordance with the principles of modern democracy and the expectations of Canadians”.

The word “modern” is used. With this bill, the government is telling Canadians that people may be elected, or they may not be. They will then be recommended and may or may not be chosen. They will remain in limbo for six years and then they may sit for nine years. This extremely convoluted process, which cannot be called a suitable political process, is referred to as “modern” in the first paragraph of the preamble. Simple decency requires that, at the very least, the word “modern” be removed from the first paragraph of the bill. In 2012, the word “modern” cannot be associated with such a piece of garbage.

A little further on, the preamble states, “Whereas the tenure of senators should be consistent with modern democratic principles”. Again the word “modern” is used. I made a note for myself: nine years. Is there a modern democracy that would allow an individual to sit for nine years and to remain in limbo for six years once elected? That is 15 years. In addition, someone could be relieved of their mandate as senator for an indeterminate period of time and then come back. Could such a mechanism be used, for example, to improve the public standing of a person who was appointed by a party in power? That person would be in limbo, but he would also be in the public eye for six years. He could then sit for three years and take a break, perhaps to become a member of the House. While we are at it, why not allow senators to be elected for nine years and then come back after four or eight years for another six-year term? Such a process would allow an individual to be elected as a public official for 15, 20 or 22 years. For goodness' sake, can we take all the instances of the word “modern” out of this piece of garbage?

Another paragraph astonished me: “And whereas Parliament wishes to maintain the essential characteristics of the Senate…as a chamber of independent…thought.” Not all Canadians are that gullible.

I have here a letter from Senator Bert Brown dated June 15, 2011. It concludes as follows: “Every Senator in this caucus needs to decide where their loyalty should be and must be. The answer is simple; our loyalty is to the man who brought us here, the man who has wanted Senate reform….” His loyalty is to the person who appointed him. The bill talks about a “chamber of independent thought”. While the government makes claims, the way that chamber operates, in fact, has nothing to do with what is discussed by the elected chamber here.

In another clause, the bill says: “A person remains as a Senate nominee until whichever of the following occurs first: ….” Here we are talking about something I mentioned earlier. A person could be suspended after 15 years. Fifteen years is equivalent to three or four provincial terms. Elections of senators would be associated with provincial elections.

The governments in power in the provinces will change, in a democratic and modern way, every three or four or five years, while someone is going to be in limbo with a position as an elected public representative for two or three or four provincial terms.

If we look at the history of the Senate, we see the extent to which this completely bizarre construction that this government is on the verge of creating is based on something that has been bizarre since the outset: the founding instrument enacted in 1867. One of the first comments made by Sir John A. Macdonald was that that chamber could act to curb democratic excesses. That is the foundational instrument. A chamber was created to avoid democratic excesses. The other chamber does not seem to be questioning whether its approach is healthy and democratic. The goal of the foundational instrument was to prevent democratic excesses.

There is a clause in the Constitution, section 26 of the Constitution Act, 1867, under which the Prime Minister may, with the consent of Her Majesty, cause four or eight additional senators to be appointed. Those senators must represent equally the four regional divisions. That clause has been invoked twice in history, but it has been used only once, in 1990. Brian Mulroney invoked it to make sure a bill creating the goods and services tax was passed.

Historically, something is put in place to prevent what was called democratic excesses, and then that instrument is used to make sure that every once in a while, a bill is passed with greater speed. Or, as was done recently, and as my colleague from Halifax pointed out, bills that have been passed by members of a chamber elected in the modern way are then defeated. Nothing in this mechanism will change one iota after this bill is enacted. We will be in the same position: the parties in power will use this chamber to their advantage morning, noon and night, 365 days a year.

As a final point from the past, I would remind the House that in November 2007, Jack Layton proposed holding a referendum. I would point out that, at the time, he was supported by someone who remains very politically active today, that is, the current Prime Minister of Canada. This marks another of the remarkable transformations of this Prime Minister, who, as we know, is an ardent defender of the centre-right-right-right, but who, about a decade ago, had at least a hint of a democrat in him. As the Brits like to say, let us agree to disagree and have a healthy democracy, even with someone who is on the centre-right-right-right, as long as he maintains his democratic reflexes. Instead, we are witnessing a complete shift. Barely five or seven years ago, he was prepared to support the NDP leader on abolishing the Senate. What we have before us now is garbage. I repeat, this garbage bill will allow the government to continue using the Senate as governments have done for the past 20 years. Bill C-7 only adds inconsistency to the absurdity.

The Prime Minister is under no obligation to appoint someone who has been elected. Another part of the bill surprised me. The word “election” does not appear anywhere in the title of the bill. Instead, it refers to “selection”. So, given that this system allows for the election of a certain portion of people in one chamber who could then later be selected, how is this really a democratic process? That was a rhetorical question; the very definition of the exercise clearly indicates that this is not democratic.

As for costs, an analysis conducted by the NDP in 2009 found that in the previous fiscal year, so 2007-08, senators had spent $19.5 million on travel, an increase—

Senate Reform ActGovernment Orders

February 27th, 2012 / 1:25 p.m.
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NDP

The Deputy Speaker NDP Denise Savoie

I must interrupt the hon. member. Perhaps he can continue during questions and comments.

The hon. member for Saint-Laurent—Cartierville for questions and comments.

Senate Reform ActGovernment Orders

February 27th, 2012 / 1:25 p.m.
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Liberal

Stéphane Dion Liberal Saint-Laurent—Cartierville, QC

Madam Speaker, I would like to thank the member for his speech.

I would like him to comment on his colleague's remarks about judicial recounts. She said that one vote would be enough of a difference, as in 50% plus one, to abolish the Senate in a referendum, when in fact the unanimity of the provinces would be needed.

What does the member think his party should do if a majority of Canadians vote to abolish the Senate, but a majority of Quebeckers vote to keep it? That is certainly possible given that the Government of Quebec opposes his party's position and is not in favour of abolishing the Senate.

Senate Reform ActGovernment Orders

February 27th, 2012 / 1:25 p.m.
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NDP

François Lapointe NDP Montmagny—L'Islet—Kamouraska—Rivière-du-Loup, QC

Madam Speaker, my colleague is well known in his province for his opposition to a very simple democratic principle: 50% plus one. That is why I am not surprised at his take on this issue. In democracies around the world, 50% plus one means nothing less than a clear mandate for change. I do not see why 50% plus one would suddenly be meaningless.

Senate Reform ActGovernment Orders

February 27th, 2012 / 1:25 p.m.
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NDP

Pierre-Luc Dusseault NDP Sherbrooke, QC

Madam Speaker, I enjoyed listening to the speech by my colleague from Montmagny—L'Islet—Kamouraska—Rivière-du-Loup.

He spoke of the rhetoric in the preamble to the bill that the Conservatives are using to try and mislead people. The term “independent” is used, for example. I had not noticed it when I read the bill. I find it quite ridiculous that this term is used in a bill that refers to the Senate. In fact, it is quite clear that both the Conservatives and the Liberals have appointed party cronies to work in the other chamber and that they are accountable to the Prime Minister. That much is clear and nobody here questions it. Even they would have to agree that senators are accountable to the Prime Minister. Abolishing the Senate, an archaic institution in our 21st-century political system, could obviously change this.

I would like to know whether the member believes the bill would make the partisanship problem in the other chamber worse and that an election—which would inevitably involve political parties—would only aggravate the partisanship in the other house and actually make things worse?

Senate Reform ActGovernment Orders

February 27th, 2012 / 1:25 p.m.
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NDP

François Lapointe NDP Montmagny—L'Islet—Kamouraska—Rivière-du-Loup, QC

Madam Speaker, at the start of this exercise I understand that there was at the very least a desire to strike a regional balance. I am not the only one to have observed that. Far more eminent constitutional experts than I noticed this. However, even that approach does not work, and worked barely, if at all, in the past.

My colleague from Sherbrooke just highlighted a tradition that goes back several decades of the party in power exploiting this chamber. Throw into the mix the fact that this limited desire initially to have some degree of regional representation, which might have been meaningful, was of little or no use. The only conclusion to be drawn therefore is that it is a chamber that is of little or no use.

Senate Reform ActGovernment Orders

February 27th, 2012 / 1:25 p.m.
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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Madam Speaker, the members of the NDP need to get together, give their heads a shake and think about this. They are prepared to break up the country if in the province of Quebec there is 50% plus one. They will break up the country. On this issue, if 50% plus one in the province of Quebec say yes to Senate reform and having a Senate contrary to what the rest of Canada might say, the member is saying that he will not take the side of Quebeckers even if there is 50% plus one and he will go with the majority in the rest of Canada. Is that what he is saying? If we listen to what he says, that is what he is saying. I am asking him to be consistent with respect to breaking up the country and Senate reform.

Senate Reform ActGovernment Orders

February 27th, 2012 / 1:30 p.m.
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NDP

François Lapointe NDP Montmagny—L'Islet—Kamouraska—Rivière-du-Loup, QC

Madam Speaker, the likelihood that there will be riots in Quebec regarding the Constitution and the Senate—that is, the kind of disastrous situation that my colleague just evoked—is non-existent. I can guarantee this. People do not care about the Senate. It will simply be a democratic exercise to determine whether the Senate should be kept in some intelligent form or completely abolished. There will be no riots in Quebec, there will be no breaking up the country over an issue like the Senate. That is impossible.