House of Commons Hansard #49 of the 39th Parliament, 2nd Session. (The original version is on Parliament's site.) The word of the day was senators.

Topics

Senate Appointment Consultations ActGovernment Orders

12:55 p.m.

Bloc

Richard Nadeau Bloc Gatineau, QC

Mr. Speaker, the Bloc Québécois is opposed to the bill concerning the appointment of senators. Parliament cannot reform the Senate unilaterally or without a constitutional amendment. At any rate, even a reformed Senate is a useless institution.

Canadian institutions cannot be reformed. The numerous attempts to reform the Senate illustrate perfectly the “Canadian dead end.” Proposals to reform the Senate date back as far as 1874. Barely seven years after the creation of the Dominion of Canada, the Senate was the subject of criticism and calls for reform.

A motion in April 1874, by member of Parliament David Mills, recommended that “our Constitution ought to be so amended as to confer upon each Province the power of selecting its own Senators, and of defining the mode of their election”. Now, 133 years later, we are still debating this issue. Senator Serge Joyal, who wrote a book on Senate reform, identified at least 26 proposals for Senate reform in the past 30 years alone.

The Bloc Québécois believes that the Senate reform proposed by the current government is a slap in the face for Quebec federalists. The minimum position of successive Quebec governments has always been clear: no Senate reform without first settling the question of Quebec’s status.

In 1989, Robert Bourassa said he did not want to discuss Senate reform until the Meech Lake accord was ratified. In 1992, Gil Rémillard said that signature by Canada of an accord involving Senate reform would depend on the outcome of negotiations on the concept of a distinct society, division of powers and the federal spending power.

By means of Bills C-19 and C-20, the current Conservative Prime Minister is trying to reform the Senate piecemeal, without having satisfied the minimum conditions stipulated by Quebec.

Clearly the Senate cannot be changed unilaterally and without a constitutional amendment. The Canadian Constitution is a federal constitution. Consequently, there are reasons why changes to the essential characteristics of the Senate cannot be made by Parliament alone and should be part of the constitutional process involving Quebec and the provinces.

In the late 1970s, the Supreme Court of Canada examined Parliament's ability to amend on its own the constitutional provisions concerning the Senate. According to its decision, known as “Authority of Parliament in relation to the Upper House”, in 1980, decisions pertaining to major changes to the essential characteristics of the Senate cannot be made unilaterally.

All reforms of Senate powers, the means of selecting senators, the number of senators to which each province is entitled and residency requirements for senators, can only be made in consultation with Quebec and the provinces.

Benoît Pelletier, the Quebec Minister of Intergovernmental Affairs, and MNA for Chapleau, reiterated Quebec's traditional position on November 7, 2007, which was not so long ago:

The Government of Quebec does not believe that this falls exclusively under federal jurisdiction. Given that the Senate is a crucial part of the Canadian federal compromise, it is clear to us that under the Constitution Act, 1982, and the regional veto act, the Senate can be neither reformed nor abolished without Quebec's consent.

That same day, in November 2007, Quebec's National Assembly unanimously passed the following motion—I hope the government is listening:

That the National Assembly of Québec reaffirm to the Federal Government and to the Parliament of Canada that no modification to the Canadian Senate may be carried out without the consent of the Government of Québec and the National Assembly.

Quebec is not alone in opposing the idea of an elected Senate. The outgoing Premier of Saskatchewan, Lorne Calvert, and the Premier of Manitoba, Gary Doer, have called for abolishing the Senate instead of trying to reform it. The Premier of Ontario, Dalton McGuinty, has also expressed concerns about whether electing senators to the Senate might not make the inequalities even worse.

In summary, indirect election of senators would change the rapport between the House of Commons and the Senate. These changes cannot be made unilaterally without the consent of the provinces and without the consent of Quebec, recognized as a nation by the House of Commons. Whether the Senate is reformed or not, it is a useless institution.

Initially, the Senate was supposed to be a chamber of sober second thought that also protected regional interests. Regional equality in the Senate was supposed to counterbalance representation in the House. However, it seems that partisanship has gained the upper hand over regional representation, thus rendering null and void the purpose of the other place, which has a tendency to follow the lead of the House of Commons.

How can this government justify having a Senate whose responsibilities would be much like those of the House of Commons at a cost of $81 million per year? All the provinces have done away with their upper chambers. No province has had an upper chamber since Quebec abolished its legislative council in 1968, and as far as I know, the provinces are able to govern appropriately.

Bill C-20 would not make the Senate democratic. Public consultation is not binding. Bill C-20 provides for public “consultation” to choose senators. The Prime Minister maintains the authority to appoint or not appoint the senators chosen by the public. The Prime Minister could therefore decide not to appoint a candidate selected by the public. The background paper provided by the government concerning this bill states: “The Prime Minister can take into account the results of the consultation when making recommendations to the Governor General regarding future representatives of a province or territory in the Senate”.

Besides, how can we trust this Prime Minister, who did not hesitate to appoint Michael Fortier to the Senate, even though he himself criticized the Liberals' partisan appointments to the Senate? The current Prime Minister's real motivation is to marginalize the nation of Quebec. Under the pretext of an orthodox reform of federalism, the Conservative government is proposing shattering the balance of the federation.

In Australia and the United States, having an elected senate has enhanced the legitimacy of the federal government and has “nationalized” public life rather than serve the representation of the federated states within federal institutions. To be heard in Congress, the American states have been reduced to being lobbyists. Senators elected to represent an entire province would overshadow the authority of the provincial premiers and run the risk of supplanting them as regional representatives. That is what the proponents of a “triple E” Senate want: a federal Parliament that would be more legitimate because its elected members were more sensitive to regional interests. Quebeckers would never stand idly by as their own province blithely accepted Senate reform.

Senate Appointment Consultations ActGovernment Orders

1:05 p.m.

Conservative

James Bezan Conservative Selkirk—Interlake, MB

Mr. Speaker, I want to voice my support for the bill. It is important that we start modifying and modernizing the Senate.

I do not agree with the Bloc member in wanting to abolish the Senate. The Senate does a lot of good work. If we look at some of the committee work it has done, even in its special interest and the heavy patronage that happens there, it still accomplishes a lot of good work. It is important to have that sober second thought go through the bills and motions that come from this House.

We need to look at the big picture. If we look at other parliaments and congresses across the Americas, almost all of them run in bicameral parliaments, just like we do, and all of them have elected senates. Whether it is Chile, Colombia, Brazil, the United States or Mexico, they all have elected senates.

We need to move down that path and Bill C-20 would help us to do that and to finally get rid of the palace of patronage. It is time for us to look at the hard facts. We are moving forward with proper bills to limit the terms of senators to eight years. We are moving ahead to have an election as a consultation with voters across the country to select the senators they want sitting in the palace of patronage and essentially change that into a functional democracy, the way it should be.

Senate Appointment Consultations ActGovernment Orders

1:05 p.m.

Bloc

Richard Nadeau Bloc Gatineau, QC

Mr. Speaker, the best thing we can do with the Senate is quite simply get rid of it. The monarchy existed in ancient times, from the Middle Ages to the Renaissance, and had absolute power over the people. It is outdated. The principle of the genetic lottery of monarchs is outdated. It is fine for the history books—it is very interesting reading—or for the king and queen of the carnival.

The Senate is an institution that serves no purpose other than to hand out goodies to the political parties in power. The government party demonstrated this earlier. This has to stop. The provinces and Quebec, within the current federal system, do not have a Senate and work very well.

If we want studies to be carried out, since that is what the Senate does, we can turn to academics, professionals, intellectuals and citizens to meet the needs of the House of Commons and of the citizens of Quebec and Canada. We do not need a senate.

Senate Appointment Consultations ActGovernment Orders

1:05 p.m.

Bloc

Thierry St-Cyr Bloc Jeanne-Le Ber, QC

Mr. Speaker, I listened carefully to my colleague's speech. It is interesting to note the reference to the American model, where elected senators represent the regions. It is not surprising that the Conservatives look to the American model, where senators are more influential than the governors of the various states.

The fact that an elected official comes from a province does not guarantee that he will defend the interests of that province. We see that with Quebec's Conservative members, who are preparing to vote for this bill contrary to the unanimous motion of the National Assembly—the only parliament to represent Quebeckers—stating that this bill must be withdrawn and that this issue must not be pursued. Ten elected Quebec Conservatives will vote in favour of this measure.

Since the elected Quebec Conservatives do not represent Quebeckers, why do we believe that elected senators would be any better?

Senate Appointment Consultations ActGovernment Orders

1:05 p.m.

Conservative

The Acting Speaker Conservative Andrew Scheer

The hon. member for Gatineau has 30 seconds to respond.

Senate Appointment Consultations ActGovernment Orders

1:05 p.m.

Bloc

Richard Nadeau Bloc Gatineau, QC

Mr. Speaker, my colleague is completely right. For there to be democracy, people must be elected as part of a decision-making body. We do not need two decision-making bodies within a single state. The House of Commons and the National Assembly are where elected members debate topics and bills in order to vote for or against a given bill, amended or not. There must be a vision that responds to the needs of the people. A senate is nothing more than a political favour.

Senate Appointment Consultations ActGovernment Orders

1:10 p.m.

Conservative

Kevin Sorenson Conservative Crowfoot, AB

Mr. Speaker, it is a pleasure to speak this afternoon in the House of Commons and to represent the good folks of Crowfoot, Alberta, central and east central Alberta.

This is one of those subjects that is dear to the heart of, I think, most Canadians. When we consult Canadians about the importance for the democratization of Parliament and the democratization of our institutions in Parliament, most Canadians point to the Senate and say that we should reform it or abolish it but that we must make certain that the status quo does not remain.

Consequently, that is what prompted the government to bring forward Bill C-20, to bring forward positive change to an institution that needs it.

I remember many years ago in the late 1980s, probably even the mid-1980s, when there was change sweeping across the country. A new political party started in the west and a new political party started in Quebec. They were new parties with new ideas. Canadians at that point in time were very disappointed when they looked at the Senate. They saw an institution that was not functioning right. We saw cases where there were senators who spent most of their time in Mexico and it frustrated Canadians knowing that they were paying with their tax dollars to allow this type of so-called representation to take place.

At that point in time, Albertans, especially in the area where I live, started to talk about the need for this type of Senate reform. Ideas came forward. At that point in time, a Senate election was held and a gentleman by the name of Stan Waters became the senator in waiting in Alberta.

The prime minister of the day, Prime Minister Mulroney, and that government eventually saw Senator Waters appointed to the upper chamber, the Senate, and we saw representation.

Mr. Waters travelled throughout Alberta, throughout the west and throughout Canada talking about the need for Senate reform. I recall those meetings and I recall having him even to my small community in Alberta. I recall him talking about how the Senate started, how the Fathers of Confederation realized the importance of representation by population. When they formulated the idea of this House, they knew that representation by population was a fundamental in democracy and they wanted to achieve that.

As we have already heard in other speeches today, the body of Parliament was formed into constituencies and that is the way that the House still is.

However, the Fathers of Confederation spent much of their time as well debating, planning and strategizing as to what the Senate would look like. They realized at the time that in a country as large as Canada, a country with the huge differences in geography, the differences from the east to the west, that we needed something to balance out representation by population so that our regions would be protected. They realized at the time that a populace area would have the ability to take advantage of less populated areas, take advantage of those resources and take advantage of many of the issues that less populated areas wanted. Consequently, they came up with this idea of a Senate that would not be as political and as partisan as this House.

We talk about partisanship within the House of Commons. To be quite honest, I think it always will be partisan because we are elected in political parties with very different political agendas.

The balance in all of this was to have a Senate that could sit back, represent regions and ensure their area and their district were not taken advantage of.

I had the opportunity of sitting with a Liberal senator on the plane one day and I appreciated what he said. He talked about how in the very early days, I am not certain if it was in Confederation or perhaps when he started sitting in the Senate, maybe that was even in early Confederation, Senators were not even allowed into caucus meetings because there was a differentiation between the Senate and the House, and it was not to be as political.

We can see that what has happened is that we have moved away from that type of time and we see now where the Senate is very political. We see now where the Senate is halting legislation that the government is bringing forward. We have heard the speeches this afternoon about the number of prime ministers who have only appointed senators from their own political parties. Why? It is because they realized that it was a political appointment. Many of them were nothing more than fundraisers for political parties and now they sit in the Senate.

The current legislation comes along because Canadians are saying that they want their Senate to become more accountable and democratic.

Last Saturday evening in my riding of Crowfoot, I had the opportunity to attend a meeting that was a fundraiser in preparation for a potential election, a fundraiser where we had 300 people on a night that was remarkably cold, probably with a wind chill colder than minus 30, in Trochu, Alberta. Individuals came together to talk about what was happening here in Parliament and what was happening throughout the country.

Senator Brown came to the meeting and gave a speech. He was there with his wife and she received a remarkable ovation, as well. If anyone knows Alice, they would understand why that would be, but Senator Brown gave a clear indication as to why he felt that this hope of Senate reform was still alive.

He talked about speaking to provinces, about going out and talking to premiers, and explaining the reasons why this was not just good for one part of the country but why this was good for all parts of the country, and how premiers now were starting to understand that this kind of legislation, Bill C-20, is doable.

Why do I say it is doable? Bill C-20 is not facilitated by the opening of a constitutional debate. It is legislation that very simply would allow individuals to elect, allow individuals a voice, and allow individuals a say in who would represent their areas in the Senate.

That is why we re-introduced the bill. This is not something that is going to divide our country. Very clearly, one of the priorities of the government is to keep a strong unified country. We will not bring forward any type of legislation that would bring disunity to our country.

Our economy is strong, our government is clean and the country is together. We are unified. We are seeing that today and the legislation is not to pit one area against another but it is to allow all Canadians to have a voice in who would sit and represent them in the Senate.

We promised in the last election, and also brought it forward in the Speech from the Throne, that we would take a step-by-step approach to reforming the Senate. In some ways I wish that we were sitting here today and had a bill that was very similar to what we used to call the triple E Senate. That is not what this bill is about.

Many of my constituents would say the bill is not enough. I would tell them this is an incremental step in the reform of an institution that so desperately needs it. All Canadians recognize that the Senate must change. I think most of us here in the House recognize and realize there has to be some change. The status quo is not good enough.

The government is committed to leading that change. For that reason we bring forward this bill and we are excited to debate it in the House.

Senate Appointment Consultations ActGovernment Orders

1:20 p.m.

NDP

Nathan Cullen NDP Skeena—Bulkley Valley, BC

Mr. Speaker, I truly get a sense of sincerity in terms of what my colleague's constituents have been calling for over a number of years. Folks in Skeena are sometimes disgusted by what they see in the other chamber.

I was trying to find two important features in the bill in terms of accountability. One is around the present conduct of senators in terms of ethics and the potential conflict of interest with their work and their public life. As it stands right now senators can engage in business interests as representatives of the government without any apparent conflict of interest, something that we as elected members are not allowed to do. No individual elected to any position in the country is allowed to do that. Is there any proposal in the bill that would close that ethical gap?

As we all know, senators are appointed at the whim of the Prime Minister, and it still appears to be at the whim of the Prime Minister. Maybe this Prime Minister is interested in appointing individuals to the Senate who are elected through this process, but as written in the bill, the power still remains with one single person. Is this rectified in the bill?

Senate Appointment Consultations ActGovernment Orders

1:20 p.m.

Conservative

Kevin Sorenson Conservative Crowfoot, AB

Mr. Speaker, the bill does not take away the fact that the Prime Minister would appoint whoever was elected by their province to the Senate. My NDP colleague asked if the bill would still allow the Prime Minister to appoint individuals to the Senate and the answer is yes. The bill also encourages provinces and individuals to have a say in whom the government would appoint.

Bert Brown received overwhelming support when he ran in Alberta. Over 300,000 people came out to vote, a remarkable turnout just for an election.

Let us play this thing out. The member is from the Skeena area in British Columbia. Let us say that citizens in British Columbia want to have an election to choose their senator-in-waiting. Let us say in that election that one individual was overwhelmingly chosen by the people. That would really put pressure on the prime minister of the day to either appoint the individual the people asked for or appoint whomever he or she wants in the Senate.

We believe that this is the first step in making certain that democracy will prevail, that the people will have the right to choose their representative in the Senate.

Senate Appointment Consultations ActGovernment Orders

1:20 p.m.

Prince George—Peace River B.C.

Conservative

Jay Hill ConservativeSecretary of State and Chief Government Whip

Mr. Speaker, I would like to pick up on the important point made by the member for Skeena—Bulkley Valley.

I remember that subsequent to the people of Alberta choosing Bert Brown, the Prime Minister at the time, Jean Chrétien, actually appointed someone else. Senator Tommy Banks was appointed during that era if I remember correctly.

As we debate the bill it is important that we bring out issues like that. I appreciate the member for Skeena—Bulkley Valley raising this particular issue.

It is important that Canadians clearly understand the process we are debating here today. In an election campaign one of two leaders could form a government and become prime minister. It could either be the leader of the Conservative Party of Canada or the leader of the Liberal Party of Canada.

During the election campaign people should ask if an individual chosen democratically by the people to sit in the Senate would be appointed, or would that decision be completely set aside and a patronage appointment would be made, as was made by Jean Chrétien. That is an important point.

Senate Appointment Consultations ActGovernment Orders

1:25 p.m.

Conservative

Kevin Sorenson Conservative Crowfoot, AB

Mr. Speaker, my colleague makes a very important point.

We asked 300 people in Trochu on Saturday night if they knew the names of their Alberta senators. They knew Bert Brown was a senator because there had been an election. They knew Betty Unger had came second in that election. They knew a number of other people who also ran. Very few knew the names of their appointed senators. Very few knew Senator Tommy Banks, a good guy, and one I really appreciate. He was a piano player in Edmonton. Very few knew that Claudette Tardif was a senator from Alberta. Very few people knew that Grant Mitchell from Alberta was an Alberta representative. He was a former Liberal leader. He could not win an election in Alberta, but he could get an appointment to the Senate.

The member's point is correct. Once the election takes place, there is pressure to appoint the victor.

Senate Appointment Consultations ActGovernment Orders

1:25 p.m.

Bloc

Luc Malo Bloc Verchères—Les Patriotes, QC

Mr. Speaker, I rise to discuss Bill C-20, An Act to provide for consultations with electors on their preferences for appointments to the Senate. Like my Bloc Québécois colleagues, I do not agree with the principle of this bill, and therefore, with it being sent to committee.

I would like to remind members that last November, members of the Quebec National Assembly unanimously adopted the following motion:

That the National Assembly of Québec reaffirm to the Federal Government and to the Parliament of Canada that no modification to the Canadian Senate may be carried out without the consent of the Government of Québec and the National Assembly.

Whether or not they share the views of the Bloc Québécois regarding Quebec's future, the three parties represented at the National Assembly all agree on this important point. The Canadian Parliament cannot unilaterally change the Senate.

Despite how quick the Conservative government is to boast about recognizing the Quebec nation, it is infringing the interests of that nation by introducing Bills C-20 and C-22.

First, it is proposing to reform the Senate without consulting Quebec, thus going against the governing consensus in the National Assembly that has been expressed on more than one occasion. Reforming the Senate “piecemeal” by way of legislation allows it to avoid reopening the constitutional debate. Second, the federal government is proposing to reduce Quebec’s weight in the House of Commons, as the Parliamentary Secretary to the Minister of Public Works in fact made a point of emphasizing in a mailing to his constituents.

Quebec and the provinces must necessarily be involved in any change to the essential characteristics of the Senate, that is, everything relating to the powers of senators, the number of senators a province is entitled to and the residence requirements for senators. Legislation is therefore not the appropriate route for Senate reform, and this is also the opinion of the Government of Quebec.

Obviously, sovereigntists in Quebec have long understood that Canadian institutions could not be reformed and that it was impossible to amend the Canadian constitution in a meaningful way: the political party to which I belong is founded on that understanding.

As well, there are many countries that have adopted a unicameral parliament: Sweden and Denmark are but two examples of countries whose democratic credentials cannot be doubted, and that are even the envy of many nations in several respects. There is also the oldest parliament in the world, the Icelandic Althing, whose origins go back to the 10th century and which abolished its upper chamber in 1991.

It may be worth pointing out that Quebec and the Canadian provinces that had a similar institution in the past abolished their upper chambers several decades ago. In 1968, for example, almost 40 years ago, Quebec chose to abolish its Legislative Council. During the debate on the bill that was introduced for that purpose, a number of speakers rose to speak on the question of whether or not this kind of institution should be retained. Some of the things said in 1968 may still apply today.

At the time, René Lévesque was the member for Laurier. He had been the leader of the unified sovereignist forces under the banner of the Parti Québécois for a little over a month. I would now like to read a passage from the debates of the National Assembly, which was still known as the Legislative Assembly at the time. I will take a few liberties with the speech delivered by René Lévesque, whose easily recognizable intonation and manner of expression come shining through right down to the punctuation in the text. Obviously, I will not attempt to reproduce his very distinctive delivery. Here is what René Lévesque said on November 26, 1968, about the upper chamber:

I think it would be a good idea to remember that the institution we call the Legislative Council, which remains fundamentally unchanged, is rooted, here and elsewhere, in a society that witnessed the birth of democracy. It goes back to a time before our societies' acceptance of democratic institutions. In most cases, regardless of what we call these kinds of institutions—Senate, upper chamber, House of Lords, and so on—they were created at the behest of privileged members of society when it became clear that divine right monarchies everywhere were losing their old absolute power over citizens. These kinds of councils and institutions were created with the intention of reining in the will of the people being freely expressed through universal suffrage.

After hearing that, people may point out that the Conservative government's proposed reform seems to have been inspired by democratic principles because it provides, at least indirectly, for the election of senators. I, however, feel that an elected Senate would only confuse matters and mess up the entire legislative process.

In the beginning, the supposed role of the upper chamber was to protect regional interests. However, it seems that partisanly appointed senators tend to represent the interests of the party that appointed them. To hide that obvious disparity, the member for LaSalle—Émard, when he was Prime Minister, decided to appoint senators affiliated with other parties, so as not to stack the deck too much. Indirectly electing senators would not solve the problem because political affiliations would be even more evident.

In reality, by proposing this Senate reform, the Conservative government is trying to marginalize Quebec. In June 2006, Marc Chevrier, a professor in the Department of Political Studies at the Université du Québec à Montréal, wrote the following:

—equality of the provinces in the Senate clashes with the idea of Quebec being a distinct nation. To enshrine such equality is to finish what was started in 1982: bringing Quebec into line by forestalling its demands as a nation. Basically, the Harper and Trudeau governments, whose ideologies differ so fundamentally—

Senate Appointment Consultations ActGovernment Orders

1:30 p.m.

Conservative

The Acting Speaker Conservative Andrew Scheer

Order, please.

The hon. member must refrain from using the names of members. Please use their titles or ridings.

Senate Appointment Consultations ActGovernment Orders

1:30 p.m.

Bloc

Luc Malo Bloc Verchères—Les Patriotes, QC

You are right, Mr. Speaker.

Marc Chevrier, professor at the department of political science at l'Université du Québec added:

The [current Prime Minister] and Trudeau governments, whose ideologies differ fundamentally, share common ground when it comes to nation building: Trudeau by unifying Canadian society with a culture of constitutionalized rights; and [the current Prime Minister] through a federal chamber where provincial debates, through the influence of elected senators, are transformed into national issues.

I cannot put enough emphasis on the fact that it is out of the question for Quebeckers to accept having their nation and their National Assembly lose some of their powers to a reformed Senate. When there is consensus in the National Assembly over certain important issues, the Conservative government turns a deaf ear: what will happen if an elected Senate, claiming to speak on behalf of the regions, interferes between the federal government and the elected members of Quebec's assembly, who are already struggling to be heard?

Another argument that is often used to justify the Senate's existence is that its purpose is to give a second opinion on issues studied by the House of Commons.

If it is outside opinions we are after, then that opportunity already exists: it is one of the raisons d'être of the 24 standing committees of the House of Commons.

I will read an excerpt from the House of Commons Procedure and Practice on the importance of the role of the committees:

Committee work provides detailed information to parliamentarians on issues of concern to the electorate and often provokes important public debate. In addition, because committees interact directly with the public, they provide an immediate and visible conduit between elected representatives and Canadians.

The committees, the standing committees in particular, are important democratic tools. And yet, the Conservative government has often chosen not to respect their opinion. For example, last February, it chose to ignore 21 of the 22 recommendations of the Standing Committee on Industry, Science and Technology on the serious crisis in the manufacturing industry.

I will close my speech with a question: instead of trying to unilaterally reform the Senate, in violation of the right to consultation enjoyed by Quebec and the provinces, would it not be more useful and more consistent with the rules of democracy for the government to show more respect for the work accomplished by hon. members and apply the recommendations coming from the committees, especially when their conclusions are unanimous?

Senate Appointment Consultations ActGovernment Orders

1:35 p.m.

Bloc

Thierry St-Cyr Bloc Jeanne-Le Ber, QC

Mr. Speaker, I too listened intently to the speech by my colleague from Verchères—Les Patriotes. It was well documented and well researched, which proves that one does not have to be a senator to do extensive research.

The Conservatives, who want to keep the Senate, claim that the role of senators is to represent the provinces and the regions. As far as I know, we are all here to represent a riding. Our role is to represent the people from our riding and to defend any consensus within our riding and our province, be it Quebec or another province.

But certain members in this House—and I am thinking of the 10 Conservative members from Quebec—do not defend the issues on which there is consensus in Quebec, including with regard to the bill before us. In a unanimous motion, the National Assembly, the only parliament that can really claim to be representing Quebeckers, has asked that this bill not be supported and be withdrawn immediately. These 10 Conservative members were elected to this place but they do not represent Quebec. They refuse to respect that motion. Why would elected senators represent Quebec any more than these 10 members who put the party line ahead of Quebec's best interest?

Senate Appointment Consultations ActGovernment Orders

1:35 p.m.

Bloc

Luc Malo Bloc Verchères—Les Patriotes, QC

Mr. Speaker, the comments made by my hon. colleague from Jeanne-Le Ber are entirely relevant. That is precisely the other issue raised by the introduction of this bill.

This House recognizes that the Québécois form a nation. Should the members of this House not be doing everything they can to act on the unanimous consensus reached by the members of the National Assembly?

My hon. colleague from Jeanne-Le Ber strongly emphasized that, when it comes to the Quebec nation's higher interests and the overwhelming, unanimous and clear consensus reached by the National Assembly, the Conservative members in this House from Quebec prefer to keep quiet, sit down and vote in accordance with the same hard line that other members of the Conservative Party want to take with Quebec. This is unacceptable.

It bears repeating over and over: Quebeckers must remember this when the time comes to deal with these same members during the next election.

Senate Appointment Consultations ActGovernment Orders

1:35 p.m.

Conservative

Gary Goodyear Conservative Cambridge, ON

Mr. Speaker, I want to ask the hon. member a simple question. There are elected senates in countries such as Australia, Mexico and Brazil. I believe that even in France there is an elected senate. What does the member have against elected senates?

Senate Appointment Consultations ActGovernment Orders

1:40 p.m.

Bloc

Luc Malo Bloc Verchères—Les Patriotes, QC

Mr. Speaker, first and foremost, reforming the Senate would require amending the Constitution. For constitutional amendment to occur, there must be consultation, the sharing of information and decision making with other governments in Canada, namely, Quebec and the provinces.

Before we can even talk about Senate reform, these partners, Quebec and the provinces, must be consulted to see what they think. In that regard, all Conservative members, beginning with the members from Quebec, must be aware that the National Assembly of Quebec has said that there cannot be any constitutional amendments or changes to the Senate without first duly consulting the members of the National Assembly.

Senate Appointment Consultations ActGovernment Orders

1:40 p.m.

Conservative

Dean Del Mastro Conservative Peterborough, ON

Mr. Speaker, It is my honour to weigh in on this debate. It is a critical debate and it is an issue which, quite frankly, Canadians have been waiting for Parliament to get on top of and deal with for some time. In fact, I have heard members speak of how Senate reform has been contemplated for some three decades with various efforts being thwarted, for lack of a better word.

This bill makes great strides in the right direction. We have to go back to why this bill has been reintroduced and what the government is ultimately trying to do. This is another example of a government doing what it said it would do.

Let us go back to the throne speech, which was democratically passed by the members of this House, and look at what the throne speech said. I would like to remind hon. members that they did vote in favour of it. The throne speech said:

Canadians understand that the federation is only as strong as the democratic institutions that underpin it. Our Government believes that Canada is not well served by the Senate in its current form. To ensure that our institutions reflect our shared commitment to democracy, our Government will continue its agenda of democratic reform by reintroducing important pieces of legislation from the last session, including direct consultations with voters on the selection of Senators and limitations on their tenure.

What the government said in October is exactly what the government is saying today in this bill. We are saying that Canadians should be consulted on who represents them. I heard the hon. member for Crowfoot a few minutes ago talk about how the constituents in his riding could not name the senators who represent them. I find that remarkable. In fact I find it sad that in a modern democracy such as Canada people do not know who their representatives are.

I would hazard a guess that virtually none of my constituents could name who represents Ontario in the Senate. However, I also would hazard a guess that close to 90% of the constituents in my riding know who their member of Parliament is, because I work for them each and every day, and they know that.

These constituents deserve to be represented in the Senate. They deserve to be democratically represented in the Senate. That is what this bill proposes. It does not propose constitutional reform that would enter the country into a debate that we certainly do not need to go into right now. What this bill provides is a mechanism for the governor in council to seek the views of electors in a province about appointments to the Senate for that province.

The bill also proposes strict rules of accountability for the Senate nominees. It creates a framework for governing the actions of political parties and spending by third parties. It establishes rules for the single transferrable vote and defines the roles and responsibilities of the Chief Electoral Officer of Canada, who will be responsible for administering the consultation.

I cannot understand why anyone in this House would be opposed.

I understand that the Liberal Party is opposed on the basis that it would prefer that the Senate continue to be a house of cronyism and partisanship. It is how it looks after its political friends and allies, the bagmen that deliver the money, but our party does not believe that is the way the Senate should work. We believe the Senate can play a crucial role in Canada's democracy, but not in its current form, not as long as Canadians are not represented democratically in the Senate.

I am sympathetic to what the NDP has to say about the Senate. The New Democrats say that the Senate has existed for years, that this is the way it has operated, that they do not agree with it and they feel that the Senate should simply be abolished.

Our party has taken a different position. We have said that the Senate must change. It must become democratic. It must become more modern in the way it functions, or it must be abolished. We are not prepared to accept the status quo any longer.

Maybe the Liberal Party would like to go to Canadians and put forward its position that the status quo on the Senate is acceptable, but I do not believe anybody in my riding believes the status quo on the Senate is acceptable any longer.

We can see example after example of bills that have been sent to the Senate, bills on which the people of Canada have weighed in and have provided their opinions. They have put their weight behind bills that the government has brought forward. What has the Senate ultimately done with them? It has delayed and obstructed. Why? Because it does not take its direction from the people.

Senators take their direction from the political party or the leaders that appointed them. That is not right. That is not acceptable. The Senate is supposed to represent the various regions of the country. The House of Commons is supposed to represent approximately by population the various populations of the country. There is supposed to be representation by population in the House, and while I would argue that we need to make a bit of progress on that, I think that largely that is true of the House of Commons.

The Senate is supposed to represent regional interests. It is there to represent the various regions of Canada. It is not supposed to be the place for political bagmen, for the people who are owed favours and for pure partisanship, but that is the way it exists today.

I hear a number of my Liberal colleagues piping up with comments. I know they like the status quo on the Senate. Perhaps they have friends they would like to appoint. Maybe they owe some favours to some people who helped them get elected in the various regions. I am not sure, but I will say that the Senate must change.

Again, I can cite all kinds of examples. If we look at the tackling violent crime act and the various measures in it, we will see a bill that has been obstructed for years. Our government has been in place for more than two years. These were measures that we ran on in the election. We introduced these bills. We fought to get the measures in these bills through committee. That has not been easy, because while all the parties ran on an agenda of cracking down on crime, once the Liberals got here they fell back into their old ways of being soft on crime and not really being concerned about tackling crime the way it should be tackled or about restoring balance in the justice system.

However, we did fight to get them through and we did get deals from the various parties to make these bills work. We have sent them to the Senate. All of the witnesses have been heard. We believe the balance of justice is in these bills.

We know what Canadians, in significant numbers, believe. Last night on the news, there was a story about a poll. I watch the news quite often. Last night on the news, there was a story about a poll on dangerous offenders, specifically on the reverse onus portion of the tackling violent crime act and whether Canadians felt that the reverse onus for dangerous offenders was an important measure and something they supported. Seventy-six per cent of respondents said they believe this is necessary and that it needs to be done.

There is also the age of protection bill. A pastor in my riding said to me that he really appreciated the fact that our party has moved on the age of protection legislation, as it is something that they have been supporting for a long time. He said that we need to protect our children from sexual predators. I told him that I appreciated the support, but that we had not been successful in getting it through the Senate yet. He wanted to know what he could do. I told him that the first thing he can do is support us in the democratic reform of the Senate. That is why it is ultimately very important for us to do this.

Senators very often do not speak the same language as our constituents. Senator Carstairs, for example, last week said that she does not support the age of protection bill specifically because 14 year old and 15 year old prostitutes might be afraid to be tested for HIV and STDs and we would force them underground.

Why does she not understand that the point is that we want to protect them? We do not want 14 year olds and 15 year olds being exploited for sex any longer, but that is how the Senate works. Senators do not have to deliver democracy. They do not have to listen to Canadians. If she had a conversation with the church pastor who spoke to me, or with his congregation, would she speak the same way if she had to be democratically elected? I doubt it.

I would also say in regard to the Senate that many senators never leave Ottawa. If they never leave Ottawa, they cannot possibly represent the people of my riding or the people of the various regions in this country, because this area has a beat all its own, one that is not necessarily representative of all Canadians.

Senate Appointment Consultations ActGovernment Orders

1:50 p.m.

Liberal

Robert Thibault Liberal West Nova, NS

Mr. Speaker, I appreciate the hon. member's presentation today. I was not sure where he was going when he talked about Senate reform and dangerous offenders. Then I remembered that the current Prime Minister had appointed Michael Fortier to the Senate and put him in charge of all the contracting of the Government of Canada, and there have been some very dangerous offences in that line, so I think the link is made.

I believe, like every member here and like the vast majority of Canadians, that we need some restructuring of our democratic institutions, but a system whereby we have a right to vote on who we think the Prime Minister might appoint is not an elected Senate. I think there is a process in place. We have to respect that we do work within the Constitution and have true reform of our Senate.

I am a big supporter of a triple E Senate, whereby we would have a realignment of the Senate by region, elected and effective, but not voted for at the same time as the parliamentary elections so that it just reflects Parliament. There would be a staggering. Also, if we are going to go with restricting term limits, sure, but not in the sense that the prime minister of the day could appoint the whole Senate.

I am listening to what the Conservatives are saying about an elected Senate and what the New Democrats are saying about proportional representation. If we followed through on those things, we would have some sort of elected Senate and an appointed House of Commons, so I do not think that would advance the situation of democracy very much in this country.

Senate Appointment Consultations ActGovernment Orders

1:50 p.m.

Conservative

Dean Del Mastro Conservative Peterborough, ON

Mr. Speaker, those are certainly very interesting comments, but I would invite and encourage the member to go back to the Liberal senators and ask them to follow Minister Fortier's lead. They can all stand for election in the next general election. Then perhaps Senator Carstairs could go back to the good people of Manitoba and talk about how 14 year old and 15 year old prostitutes should not be protected and see how that works for her. I am not sure that it will be a real vote-getter, but maybe she knows Manitoba better than I do.

Quite frankly, I am encouraged by what I hear from the Liberals: if the bill were to pass, Liberal prime ministers would not listen to the consultations of Canadians, or at least that is what I just heard, and prime ministers ultimately would not have to follow the outcomes of Canadians by whom they have been elected. I will be very excited to stand in front of the people of Peterborough and say that I can guarantee that when Ontarians make their voice known, when they say who should represent them in the Senate, my prime minister will select that person. I guess a Liberal prime minister would not. That is something I want to talk about in the next election.

Senate Appointment Consultations ActGovernment Orders

1:50 p.m.

Conservative

James Bezan Conservative Selkirk—Interlake, MB

Mr. Speaker, I welcome the comments by the member for Peterborough. There is finally some common sense coming from that side of the House. It is just fantastic. His is a refreshing voice over there.

I can tell members, being from the province of Manitoba, that we definitely want to make sure that we raise the age of sexual consent, despite what Senator Sharon Carstairs has said, and protect our youth.

Based upon the comments I have just heard, I need a clarification. The member is talking about that palace of patronage in the Senate and how senators are there at the power of their party. I want to have him clarify this: is the Leader of the Opposition actually the puppet master of the Liberal senators?

Senate Appointment Consultations ActGovernment Orders

1:50 p.m.

Conservative

Dean Del Mastro Conservative Peterborough, ON

To be honest, Mr. Speaker, I do not know. There are rumours about his role and certainly the amount of power that the Leader of the Opposition swings in the Senate. Some people say there may be as many as three different Liberal factions there. Ultimately, though, I think the Liberal senators stand for the same thing as the rest of the Liberal Party. They stand for power. They stand for access to the trough. Ultimately I think they can unite on that. I do not really know that they stand for anything in particular other than power, but I do believe they stand for power.

One thing that I believe Liberal senators understand is that there will not be any more of them, at least not put into the Senate in that fashion, unless they can get another Liberal government elected. On that they can unite. They can unite on the need for patronage to get Liberals into position so that ultimately they have access to the trough.

I heard an NDP member talking about a Senate appointment as a cash for life victory for a Liberal. I tend to agree. I think it is time that it was put to an end. I do not want 45 year terms for senators any more. I do not want any more senators put in place by someone who owes a debt to someone else.

I think senators should represent Canadians. They should represent the views and needs of Canadians. That is the only thing that they should represent: the needs of constituents and their best interests, not a party's best interests.

Senate Appointment Consultations ActGovernment Orders

1:55 p.m.

Conservative

The Acting Speaker Conservative Andrew Scheer

The hon. member for Argenteuil—Papineau—Mirabel has four minutes before question period.

Senate Appointment Consultations ActGovernment Orders

1:55 p.m.

Bloc

Mario Laframboise Bloc Argenteuil—Papineau—Mirabel, QC

Mr. Speaker, I am pleased to speak on behalf of the Bloc Québécois on Bill C-20, which provides for consultations with electors on their preferences for appointments to the Senate.

Hon. members will know by now that the Bloc Québécois will oppose any reform of the Senate, because the Bloc simply wants to abolish the Senate.

I am happy to speak, because we hear all sorts of incredible things here, and it makes me smile to hear the Conservative members say that they have kept the promises they made in the last election, when every day their actions tell quite a different story.

I remember that they wanted to introduce a bill on transparency, ethics and integrity. More than 60 Conservative members still have not been reimbursed for their election expenses. Three of those members are ministers from Quebec, including the Minister of Transport, Infrastructure and Communities and the Minister of Canadian Heritage, Status of Women and Official Languages. The Conservatives promised transparency and integrity, but the only members of this House who have not been reimbursed for their election expenses are Conservatives.

So that is the sort of bill the Conservative Party introduces. This bill on Senate reform is another good example.

True, the Conservatives promised that there would be an elected Senate, but what they are proposing is an elected Senate that violates the Canadian Constitution. Everyone, including the Supreme Court, agrees that the only way to have a Senate that is truly elected and complies with the law is to amend the Constitution. The Conservative Party has introduced a bill that provides for electing senators, but allows the Prime Minister to decide whether or not to honour the will of the electors.

Once again, the Conservatives are trying to tell us that they are keeping their election promises, but they have manipulated all the laws, just as they manipulated the law on political party funding and the Canada Elections Act. This is the same thing. The Conservatives are manipulating the laws to serve their own purposes, when the position of the Government of Quebec has always been clear. It is not shared by the Bloc Québécois, but this is the position taken by the National Assembly of Quebec on November 7, 2007. A motion was unanimously adopted in the National Assembly and reads as follows:

That the National Assembly of Québec reaffirm to the federal government and to the Parliament of Canada that no modification to the Canadian Senate may be carried out without the consent of the Government of Québec and the National Assembly.