Mr. Speaker, I am honoured to rise here in the House to state the Liberal Party's position on Bill C-20, whose main goal is to rebalance the allocation of seats in the House of Commons, taking the needs of those provinces that are growing quickly into account.
The principle of provincial representation by population in the House of Commons is enshrined in our Constitution. Paragraph 42(1)a of the Constitution Act, 1982 stipulates that any amendments to this principle must have the consent of Parliament and the legislative assemblies of at least seven provinces representing at least 50% of the Canadian population: we know that as the 7-50 formula.
We should all be proud that our Constitution formally confirms this principle of representation by population. It is a fundamental principle of democracy.
Alas, nothing is ever so simple in our lively federation. In Canada, we tweak representation by population to take another factor into account. We take great care to assure the political representativeness of the provinces that are in absolute demographic decline, they are losing people, or in relative decline, their population is growing at a slower pace than the Canadian average. We are so careful about this that we are one of the federations where the distribution of seats between constitutional entities is the least numerically representative of its population.
We even established a floor below which a province's representation must not fall: no province can ever have fewer members than it does senators.
The Senate floor clause has been in the Constitution since 1915, in section 51A. It can also be found in subsection 41(b) of the Constitution Act, 1982. In order to amend this section of the Constitution Act, 1982, all members of the federation must give unanimous consent.
Hence, Prince Edward Island has four senators according to the Constitution, so it has four members of Parliament, whatever the size of its population.
The four Atlantic provinces cannot have less than 30 seats in the House because that is their number of senators. This legislation would give them eight seats more than what strict proportional representation would give them.
In a 1987 ruling, the B.C. Supreme Court stated that “the principle of representation ‘prescribed’ by the Constitution does not require perfect mathematical representation...”. A year later, the B.C. Court of Appeal said that what must be preserved “is the principle, not a specific formula”.
In other words, Parliament has some leeway in how it applies the principle of proportionate representation of the provinces when dealing with the provinces that are in relative decline. However, that leeway has its limits. Parliament cannot run afoul of this principle. That would be unconstitutional.
Today, we are close to the limit. This is what the most recent Statistics Canada pre-census data shows. In Ontario, there is 1 MP for every 126,000 people; in New Brunswick, 1 for 75,500 people. As we can see, the numbers need to be re-balanced.
This will be the third time the Conservative government tries to perform this rebalancing act. In its first attempt in 2007, the government proposed adding seats for British Columbia and Alberta but left Ontario almost completely out. When Premier McGuinty objected, the federal minister for democratic reform at the time insulted him by calling him the small man of Confederation.
In its second attempt last year, the federal government ignored Quebec, making it the only province with a relative population decline to be under-represented.
This time, the bill introduced by the Minister of State for Democratic Reform on October 27, would give British Columbia and Alberta an additional six seats and Ontario an additional 15. Quebec would receive three seats to better reflect its demographic weight. As for the other six provinces, they would continue to be over-represented
One serious drawback of this plan is that it would increase the number of MPs from 308 to 338. I am sure nobody in the minister's riding is asking for that. A 30 seat hike is not something to be taken lightly. Canadians are concerned about the added cost of such an inflationary measure.
The government wants to slash the civil service and gorge itself with more politicians. That is nonsense. In these days of financial restraint, Parliament must take the lead.
As our Liberal leader recently insisted, the number of MPs cannot keep growing forever. We would quickly reach a much higher MP to population ratio than is the norm in other democracies.
We must not forget that in our decentralized federation there are many pressing issues, such as schools and hospitals, that federal members of Parliament do not have to address.
In the United States, a country almost 10 times as populous as ours, the house of representatives is limited to 435 members. Why not follow its example and limit the number of seats in the House to its present value? Nothing can stop Parliament from doing that.
We do need to rebalance the House's seat allocation in order to address the needs of the provinces with strong population growth, maintain proportionate representation of the other provinces and protect those with smaller populations in keeping with the Senate clause. It is possible to do that without raising the total number of MPs. It is doable. We would have no problem doing that, so why not do it?
Therefore, I look forward to debating this issue in the House.
By introducing this new bill, the government is committed to allowing members and senators, together with the best experts, to thoroughly study the repercussions of the bill.
Democracy itself is at stake and I am firmly convinced that the government and the opposition should definitely be able to vote together on a bill with respect to this issue. Because, despite our political differences, we are all democrats in this House.
It is possible that we will come to an agreement. The government only has to rebalance the numbers, but this time keeping the number of seats to 308.
Having said that, I am not sure that we will be able to obtain the support of the NDP, which believes, because Parliament recognized that Quebec forms a distinct nation within Canada, that Quebec's representation in the House of Commons should be frozen at its current level in perpetuity.
I believe, as do a number of constitutional experts, that Parliament does not have the constitutional authority to infringe to this extent on the principle of proportional representation without the support of at least seven provinces representing at least 50% of Canada's population. It is important to respect the Constitution.
We still have a lot of work to do on this bill.
I would like to take this opportunity to ask the government and the minister, once again, to do the right thing with regard to its ill-conceived Senate reform plan. What good would it be to Canadians if we improve the House of Commons but make the Senate completely dysfunctional? This Senate reform plan is harmful and even dangerous, since it will weaken our entire Parliamentary system, including the House of Commons.
Why is this bill dangerous for our democratic decision-making mechanisms? Because, by pitting two elected houses against each other, without a constitutional mechanism to resolve their differences, it would create a state of institutional paralysis similar to what our American neighbours are experiencing.
What is the government thinking? What do the Prime Minister and the minister have in mind with their ill-conceived Senate reform project? Do they really want to import into Canada the same kind of ritual opposition and institutional paralysis we have seen in the United States and Mexico? Do we not have enough challenges here in Canada that we also need to hinder our decision-making processes in such a senseless counter-productive manner?
Would the government tell British Columbians, Albertans and the rest of the country what logic underlies its decision to shortchange them in the Senate while, at the same time, it is proposing increasing the number of seats in the House for British Columbia and Alberta?
Why do the minister and the Prime Minister, two Albertans, want to hurt their province? Do they not understand how detrimental it would be to B.C. and Alberta to end up with an elected and powerful Senate where these two provinces would be grossly under-represented with only six senators each, while some provinces have 10 with a population four or six times smaller?
The government knows that an elected upper chamber would carry much more weight in its dealings with the House of Commons than it does in its present form. What is the government's interest in creating such a mess for those two provinces?
How is it that, when it comes to adding seats in the House, the government seems to want to respect the spirit and the letter of the Constitution but, when it comes to Senate reform, this same government is ignoring the Constitution?
Why is the government being so inconsistent? Why the double standard?
Where is the logic? Where is the fairness? Changing the character of the Senate must not be done through a process that excludes the provinces.
Why does the government want to impose an unconstitutional Senate reform plan that will create pointless legal disputes between the provinces at a time when, on the contrary, all our governments should be working together to address the many economic and other problems that are upsetting Canadians and causing them concern?
The Liberal opposition intends, as always, to be constructive and thorough. In the past, we asked the government to amend its bills to make changes to the House of Commons since they were ill conceived, and it listened. Perhaps, the government would agree to once again listen to us, to the benefit of all Canadians, by seeking to achieve the same objectives with Bill C-20 without increasing the number of seats in the House.
We are also asking the government to think about our objections to its Senate reform plan, a plan that is irrational, unconstitutional and dangerous.
Clearly, it would make no sense at all for the government to undo with one hand what it wants to do with the other.