Madam Speaker, I have long taken an interest in constitutional issues, and I do not think we can consider this particular piece of legislation outside of a broader context. The fact is that we find ourselves, as a country, in an unusual position. We have a government in office that has decided to take a unilateral approach to the subject of Senate reform.
I will certainly be discussing the bill and the position of the Liberal Party with respect to the particular piece of legislation in front of it, but it is impossible for us to consider the bill without also recognizing that on this very same day the government has decided to announce several other measures with respect to the unilateral reform of the Senate.
This particular piece of legislation, which provides for the House of Commons, if you will, taking upon itself to transform the questions of conflict of interest and ethical behaviour of members of the other House is not the necessary or right approach to take in our view.
The Senate has an ethics regime. The Senate has an independent ethics officer. The Senate has a structure it has created, which reflects the views of senators according to legislation that has been passed and approved. If the government wanted to initiate a discussion with respect to particular issues about any ethical matter affecting a senator or the conduct of the members of the Senate, it knows perfectly well what it could do. It could start that conversation and discussion in the Senate, with the Senate, with senators making the decisions with respect to their conduct.
First, one cannot help but observe that two days after the Minister of Finance did not even announce, but let slip, the fact that the public accounts of the country are in a much greater shambles than he was prepared to admit even 37 days ago, the government has now decided as a matter of political strategy to change the channel and once again bring out the somewhat tired and hoary subject of Senate reform in one manner or another as one of its priorities.
Political science students have long been studying the Canadian Senate, along with the possibility of reforming it and changing its nature. The Senate was established by constitutional process prior to 1867. Members of the Senate are appointed by the government, not elected. They reflect the condition of the federation of a long ago era. Naturally, some still wonder whether this institution ought not to be reformed, and they continue to work toward that.
I remember very clearly back to the 1970s when I was an elected member of this House that there were some very clear proposals on this. The Supreme Court, however, said that if the House wanted to change the nature of the Senate, it could not do so unilaterally.
It needs to respect the Canadian Constitution, and it needs to respect the fact that this federal institution does not belong to the House of Commons, does not belong to the PMO, does not belong to the government in power. This institution is entrenched, rooted in the Constitution. Even if the government and the reformists who are in large part on the other side of this House may be somewhat impatient, it is quite simply not possible to do this.
Today the minister is presenting certain reforms to the Senate's code of ethics, but we know that it is already in place. It is not that there is no code of ethics in the Senate, there is, and it is well set up and well regulated. If a senator causes problems, all it takes is a call to the office of the Senate ethics officer, who will find a solution.
Here we have a government that always wants the Senate to reflect its point of view, the Prime Minister's point of view, or that of the PMO. The Conservatives insist that this is an institution that they will reform by themselves, as they see fit.
Two weeks ago, I made a speech on the right this House has to take up a position with regard to matrimonial matters on aboriginal reserves. I was speaking directly to my Bloc colleagues. I said that we had long ago accepted the need to respect the fact that we have a Constitution which guarantees important rights to aboriginal peoples. That said, the House of Commons cannot make unilateral decisions as though we were not a federation, as though we did not have a Senate and as though we did not know that it is not easy to amend the Constitution. I know something about it. Twice I sat down at a table to attempt to find solutions, and we were unable to do so. That is life in Canada, and that is how we must do things.
I know very well that when we hear from the provincial premiers, they will say straight out and clearly that it is essential to respect the Constitution so that the provinces may take positions, be consulted and see how we arrive at a solution that will reflect the true federal nature of our country.
Canada is a federation.