Bill C-470 (Historical)

An Act respecting democratic constitutional change

This enactment requires the Government of Canada to enter into negotiations with the Government of Quebec if the latter submits to its voters in a referendum a clear question concerning a constitutional change and the majority of valid votes cast are in favour of the proposed change. It also replaces chapter 26 of the Statutes of Canada, 2000.

Intergovernmental Relations

[Jean-François Fortin, Bloc, Haute-Gaspésie—La Mitis—Matane—Matapédia, QC]

Mr. Speaker, the saddest thing is that all federalist parties in the House agree that the power, authority and legitimacy of the Quebec National Assembly should be reduced. They have all agreed to impose their own clarity act. The Conservatives have joined with the Liberals on the current clarity act. The NDP has introduced Bill C-470 and is using it to impose on Quebec a referendum question chosen by the federal government. It wants to block a future referendum by referring the matter to the Quebec Superior Court and, ultimately, the Supreme Court. As I said, no other parliament or government can reduce the powers, authority, sovereignty or legitimacy conferred by the people on the National Assembly of Quebec.

Opposition Motion--Senate

[Dominic LeBlanc, Liberal, Beauséjour, NB]

Mr. Speaker, I would like to thank my colleague from Laurentides—Labelle for his comments and his question.

If he wishes to talk about dead ends, then he will have to speak about the bill introduced by his own colleague from Toronto—Danforth, Bill C-470, to abolish the Clarity Act and thereby lead Canadians and francophones outside Quebec to think that our country could be split by a simple 50%+1 majority.

If he wants to talk about dead ends, then he should talk about his own motion—the NDP motion—which we have been discussing all day, about abolishing the Senate. The NDP, which claims to care so deeply about unemployment, young people and the environment, has decided to talk constitutional nonsense today. The motion may be welcomed by some, but New Democrats know very well that it will never see the light of day. The NDP might think that it could happen, but it is constitutionally impossible.

[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.

Clarity Act

[André Bellavance, Bloc, Richmond—Arthabaska, QC]

Mr. Speaker, it is a pleasure to conclude the debate on Bill C-457, An Act to repeal the Clarity Act.

Liberal and Conservative MPs both delivered their usual speeches. They stuck to their guns, which was to be expected. The Liberals brought forward the Clarity Act after being shaken by how close we came to a yes vote in the 1995 referendum. They came up with a plan B. This plan B was the Clarity Act.

I heard some fairly unbelievable things in those speeches, which is why I should inform all my colleagues that the Clarity Act was condemned by the whole of Quebec's National Assembly. By that I mean that every member of every party, federalist and sovereignist alike, rejected this ignominious law called the Clarity Act.

As for the Quebec Liberals, we know that the former leader of the Quebec Liberal Party, Claude Ryan, said that the Clarity Act placed Quebec under trusteeship. We know that Daniel Johnson, the leader of the “No” side and also the leader of the Quebec Liberal Party at the time, criticized the Clarity Act, just like Jean Charest who, when this legislation was passed here in 2000, said that Quebec was the master of its destiny. All these federalists felt that Quebec was the master of its destiny regarding its decision to become sovereign, or to remain part of Canada.

As for the leader of the NDP, he was the most surprising in this House. He too arrived here and criticized the Clarity Act. Like all NDP members who spoke to my bill, he said that the Liberal Party's Clarity Act passed in 2000 had no reason to exist and that it was disrespectful of Quebeckers' rights. He also said that the debate was useless—that was also mentioned this evening—that there were other priorities, that this was an old issue, an old quarrel, and that the Bloc Québécois was only looking for trouble.

In short, he used a bazooka to kill a fly. He said he would introduce Clarity Act No. 2. He said the Clarity Act should be abolished because it deals with an old issue, it is a sword of Damocles hanging over the heads of Quebeckers, who want a democratic process to decide whether or not they want Quebec to achieve sovereignty. However, he comes up with Clarity Act No. 2. The first one is useless, but Clarity Act No. 2 is so useful. So, he perpetuates the old debates by introducing this legislation.

Bill C-470, introduced by the previous speaker, the member for Toronto—Danforth, is just a bill which, like the present Clarity Act, imposes trusteeship on Quebec regarding its perfectly democratic right to decide its own future in the Canadian Constitution.

Clarity Act No. 2—that is what it is—is not simply about oversight in Quebec's affairs. It gives the federal government—the Conservative government in this case —the right to decide whether a referendum question is clear. It is written in black and white in the bill. It even goes further and unilaterally provides the wording of two questions that the NDP considers to be clear. According to the NDP, the Quebec National Assembly and the people of Quebec do not have the last word on the question to be asked in a potential referendum. The NDP has the last word in its Bill C-470.

Even if the National Assembly agreed on the wording, with this bill, the federal government could oppose the question and send it to the courts, which would certainly bring Quebec's referendum process to a standstill.

I think this comes down to trading four quarters for a dollar. The speeches we are hearing from the NDP make no sense. They are all saying that the Clarity Act should be repealed, but they do not want to vote in favour of my bill, even though the only thing my bill would do is repeal the Clarity Act.

In conclusion, I want to reach out to all members of Parliament, especially those from Quebec. I urge them to do some soul-searching, to look at themselves in the mirror and say, like Robert Bourassa and a number of federalists said, that Quebec has the right to its own destiny, the right to choose its own future, and that these decisions should happen in Quebec, not in the federal Parliament.

[Craig Scott, NDP, Toronto—Danforth, ON]

Mr. Speaker, it is indeed my honour to rise to speak in this debate and say a few words on Bill C-470, An Act respecting democratic constitutional change, which is part of the NDP's forward-looking vision for Canadian provinces and the federal government, alongside territorial and aboriginal governments, to work together toward building an even stronger country than we have now.

As I said when tabling the bill, the NDP is all about building sustainable and co-operative relationships as the essence of a democratic federalism.

Since the NDP adopted the Sherbrooke Declaration under the leadership of Jack Layton in 2006, it has clearly indicated its desire to play a leading role in establishing a constructive relationship between Quebec and the rest of Canada.

That is why Quebeckers, embracing Jack Layton's unifying vision, elected almost 60 NDP members.

Bill C-470 rejects the bill tabled by the Bloc Québécois, which seeks to repeal the Clarity Act, the result of which would be a legal void on the question of secession.

At the same time, the NDP supports the idea that fair and clear rules for democratic constitutional change deserve to be in place, and so we focused on replacing the problematic Clarity Act with a framework that is more faithful to the Supreme Court of Canada's judgment in the Quebec secession reference, a vision oriented to unifying and not dividing Canada.

The bill also reflects the House of Commons recognition in 2006 that the Québécois constitute a nation within a united Canada.

The NDP appears to be the only party in this House that believes that the will of Parliament, as expressed in that motion, cannot be treated as empty words.

It is very important to know that the focus of this bill is not simply secession but more the recognition of Quebec's aspiration to have its distinctiveness much better integrated into Canadian federal arrangements. The bill applies to democratic constitutional changes of all sorts. It could just as well outline the process for a rapprochement of Quebec with the Constitution Act of 1982, therefore helping to build a stronger Canada.

Let me be clear about one thing. I firmly believe that secession is made less likely by this bill, in comparison to the approach taken in the Clarity Act.

Bill C-470 emphasizes the importance of any referendum question being both clear and fairly determined. Unlike the Clarity Act, for example, our bill places emphasis on clear questions by suggesting wording that would prevent misleading statements or confusion on the meaning of the question. Because of the clarity of a question like “Should Quebec separate and become a separate country?”, and also because a simple majority has the threshold for triggering negotiations, voters will know exactly what is at stake when casting their vote, and they will take their vote very seriously.

I would like to share a few words from Charles Taylor, who is probably Canada's leading moral and political philosopher of the last half century. He wrote the following in The Globe and Mail:

Let me be clear: I am a federalist and a Quebecker. I campaigned on the No side in 1980 and 1995. And Thomas Mulcair was there with us in the trenches, fighting—

[Nycole Turmel, NDP, Hull—Aylmer, QC]

Mr. Speaker, I am happy to rise today to debate Bill C-457, An Act to repeal the Clarity Act.

I should say at the outset that we will not be supporting this bill. In May 2011, 4.5 million Canadians voted for a more inclusive, greener and more prosperous Canada. Some of those Canadians live in Quebec. For the first time since 1988, Quebeckers elected a majority of federalist MPs to the House of Commons, thanks to the NDP.

Quebeckers placed their confidence in our progressive, federalist vision. They voted for a party that believes there is a place for Quebec in the federation. The message Quebec voters sent to the Bloc Québécois was very clear: we want to go in another direction; we want to work together to build a better Canada; we want to look towards the future, not the past. The Bloc does not seem to have understood the message, however.

In tabling its Bill C-457, the Bloc is clearly demonstrating its limitations. It obviously has little to offer Quebeckers. Rather than talk about the economy, combatting poverty, the social housing crisis or job creation, Bill C-457 talks about referenda.

In 2013, Quebeckers and many Canadians expect their elected representatives to work tirelessly to find solutions to such problems as the rising cost of living. They want their representatives to pressure this government to put more money into health, abandon its employment insurance reforms, ensure security in retirement for our seniors, and stop cutting the services for which they pay taxes. They also want the government to step up and ensure that big corporations pay their fair share of taxes. They do not want to hear any more talk of secession.

As our fellow citizens watch the Conservative government perform, they wonder how the next government will manage to clean up the mess it leaves behind. The NDP has practical solutions to improve the lives of all citizens.

We are fighting every day to establish a balanced 21st-century economy based on sustainable development, an economy that generates wealth, not just for a handful of industries and regions, but for every part of this country.

The NDP champions respect for democracy and for voters. On this subject, at the beginning of this Parliament my colleague from Pontiac tabled Bill C-306, the main purpose of which was to require members wishing to change sides in the middle of a legislature to run in a byelection. Unfortunately, the bill was rejected by the Conservatives. This is nevertheless the kind of commitment to respect for democracy that Canadians expect. They no longer want members of Parliament who get elected under one banner, and then change sides.

As we prepare to form the next government in 2015, the Bloc is limited to talking about referenda. Our goal is to get the Conservative government out of power, instead of trying to get Quebec out of Canada. An NDP government will implement the progressive policies that millions of Canadians supported in the last election.

With regard to federalism, our position on Quebec’s place in Canada is clearly set out in the Sherbrooke Declaration we adopted in 2006. Our approach has the merit of being firmly positive and inclusive. We want to build bridges between people, not divide them. Unlike some, we refuse to believe that secession is the only solution available to Quebeckers.

Anyone reading Bill C-457 will realize at once that it disregards the opinion of the Supreme Court, as set out in its opinion in the Quebec Secession Reference. The Supreme Court was very clear in formulating its opinion: if a majority of Quebeckers chose secession in a referendum, both parties would be obligated to negotiate.

The federal government would thus be obliged to negotiate, but so would Quebec. Now, in order to trigger an obligation to negotiate, there must be a clear question and a clear result.

Bill C-470, An Act respecting democratic constitutional change, sponsored by my colleague from Toronto—Danforth, responds to the Supreme Court opinion and the federal government’s obligation to negotiate if a majority of Quebeckers answer a clear question in a referendum.

Bill C-470 does not deal with secession, but opens the door to any question about constitutional change, because the NDP believes that Quebec’s right to decide its future may also be exercised within Canada.

Among other things, the Bill refers to the integration of Quebec into the Canadian constitutional framework, the limitation of federal spending power in Quebec, and the Government of Quebec’s opting out with full compensation from any programs if the Government of Canada intervenes in areas of exclusive provincial jurisdiction.

Bill C-470 is designed not to prevent negotiation between the federal government and the Quebec government, but to provide genuine clarification of the conditions that trigger the obligation to negotiate referred to by the Supreme Court. It also provides examples of clear questions, while recognizing the right of the National Assembly to draft its own question.

My colleague from Toronto—Danforth has introduced an excellent bill, and I wish to congratulate him on it. I should add that the entire NDP caucus is behind him in the introduction of his bill.

Unlike Bill C-470, Bill C-457 has the merit of proposing a constructive solution that moves us forward, rather than back. That is what Canadians expect: that we propose solutions for the future, rather than be content to live in the past.

We should be looking towards the future, and that is what Bill C-470 proposes.

An Act Respecting Democratic Constitutional Change

[Craig Scott, NDP, Toronto—Danforth, ON]

moved for leave to introduce Bill C-470, An Act respecting democratic constitutional change.

Mr. Speaker, I wish to introduce an NDP bill, seconded by the hon. member for Trois-Rivières, concerning democratic constitutional change.

This bill would replace the Clarity Act, which is a very limited interpretation of the Supreme Court's opinion on secession. Our bill, in contrast, is based more closely on the principles expressed by the court. The bill also reflects this House's recognition that Quebeckers constitute a nation within Canada.

This bill shows that the NDP is focused on the future. We are working to build a stronger Canada that recognizes and includes Quebec as an essential part of our federation.

We believe that a stronger Canada cannot be imposed, nor can it be achieved by divisive policies. This is our vision of democratic federalism.

(Motions deemed adopted, bill read the first time and printed)