Mr. Speaker, I am pleased to rise in the House today to speak to the bill entitled “An act respecting the selection of senators and amending the Constitution Act, 1867 in respect of Senate term limits”.
Although the bill may appear to address one of Canada's most egregious democratic deficits, I am afraid that the approach being taken leaves much to be desired.
Essentially, Bill C-7 restricts all senators appointed to the Senate after October 14, 2008, to a single nine-year term. Provinces and territories would then be given the opportunity to hold elections at their own expense to determine which names would be submitted to the Prime Minister for consideration, and only consideration.
While on the surface this approach might appear to bring heightened accountability to an unelected institution of the Crown, restricting Senate term limits while holding non-binding Senate elections fails to consider the most logical option for improving Canadian democracy, namely the abolishment of Canada's Senate.
I recall one of my constituents, Craig, telling me that he did not support a triple-E Senate. He supported a single-E Senate, and that single E stands for empty.
Before I get into why New Democrats believe that the Senate has outlived its raison d'être, I would like to highlight some specific criticisms of the bill as it currently has been presented to Parliament.
First, it appears that, as it is currently written, Bill C-7 contains a glaring loophole which would completely undermine the spirit of what the government is proposing. This is because the government is clearly attempting to pass legislation which should require a constitutional amendment and making unclear how much force the bill would actually carry.
For instance, by taking an approach which fails to crystallize the changes in Canada's Constitution, the Prime Minister would not be constitutionally required to appoint anyone elected by the provinces. Therefore, the bill does not actually change the way senators are currently appointed as the Prime Minister would still be free to appoint whomever he or she chooses.
We have seen previous examples of the Prime Minister acting in contravention of existing democratic reform legislation which has passed through the House. Specifically, I can point to the fixed election date legislation. Why then should Canadians trust that the government would actually abide by the legislation that we have in front of us today? Call me a pessimist, but this is certainly one concern that I have with Bill C-7.
Let me make this clear. We know how the House of Commons works, but we have no idea what would happen with an elected Senate. That brings me to another major concern arising from Bill C-7, which is the inevitable gridlock which would arise from having two separately duly elected Houses of Parliament.
Since the Senate would have virtually the same powers as the House under Bill C-7, an elected Senate would have greater legitimacy to introduce legislation or oppose bills sent to it from the House of Commons. On the surface this seems like a good idea. However, when we dig deeper into those proposals, it would illicit the real fear that we could end up with the kind of gridlock we see in the U.S., something which no Canadian wants to see our Parliament descend into.
This brings me to my final point that the best approach to take in order to reduce Canada's democratic deficit is the complete abolishment of the Senate. Personally, I am of the belief that when it comes to the Senate, Canadians do not need it. It is expensive. It has been packed with party insiders and we cannot trust what the leaders are going to do with the Senate.
The Prime Minister has repeatedly used the unaccountable and undemocratic Senate to kill legislation that had been passed in the House of Commons, twice killing Bill C-311, the climate change accountability act and, this spring, killing Bill C-393, a very important bill which would have facilitated the movement of generic antiviral drugs to Africa to help people living with HIV-AIDS.
These pieces of legislation, supported by wide swaths of the Canadian public, were killed by the Prime Minister's appointed senators in the Senate with no sober second thought. How can we have sober second thought when we have a bunch of Conservative Party organizers and fundraisers with obvious conflicts of interest? It makes a mockery of our democratic system.
As I noted earlier, even should the bill pass during the 41st Parliament, there is no guarantee that the government would actually abide by the rules it has put in place. Thus, we could end up with a patchwork Senate filled with a mix of elected and unelected senators.
I will put forward a hypothetical situation. What if the government refuses to appoint a senator who has been elected by residents of a province because it disagrees with the party banner under which that senator was elected? After all, the prime minister would not be constitutionally obliged to actually appoint them to the Senate. That is why I firmly believe the safest and most obviously beneficial approach to the Senate is to abolish it.
I will conclude my statement today by drawing attention to what the provinces, our partners in Confederation, have been saying about the Senate, both in terms of the status quo and the proposals in front of us. Both the Ontario premier, Dalton McGuinty, and the Nova Scotia premier, Darrel Dexter, have openly called for the abolition of the Senate. The B.C. premier, Christy Clark, has said that the Senate no longer plays a useful role in Confederation, while Manitoba maintains its position of eliminating the Senate. Even more worrisome is that Quebec has called this legislation unconstitutional and has said that it will launch a provincial court appeal if this bill proceeds without the consultation of the provinces.
Why, then, is the government moving ahead with a plan that is not supported by the federal government's partners in Confederation? It seems that without the full support of the provinces this proposal will merely be a paper tiger dressed up as a solution to bring Canada's democracy into the 21st century.
What happens if certain provinces refuse to participate in the system? Citizens of those provinces would certainly be shortchanged. Even more dire is the thought that this bill would lead to a constitutional crisis with multiple provinces taking action at the Supreme Court to challenge the constitutionality of this legislation. Without proper provincial consultation, which I fear has not taken place, this is an inevitability and something that should be avoided at all costs.
Therefore, I ask that the government reconsider its position on the bill until such a time as the provinces are properly consulted and sign on to these proposals.