Mr. Speaker, I am rising today to speak to the NDP opposition motion in front of us today in the House. I will read it for the benefit of people who are watching this debate. The proposed motion states:
That, in the opinion of the House, the government of Canada, in consultation with the provinces and territories, should take immediate steps towards abolishing the unelected and unaccountable Senate of Canada.
There are numerous problems with this proposal. The first problem is that in many people's expert opinion, abolition of the Senate would be a fundamental constitutional amendment, and as such would require the unanimous consent of 11 legislatures in this country, that is, all 10 provinces and the Parliament of Canada. In addition, the precedent has been set in two referenda on separation that were held in the province of Quebec, and on the referendum on the Charlottetown Accord, that not only would 10 provincial legislatures and the Parliament of Canada need to agree to abolish the Senate, but that popular referenda or one single national referendum would be required to support that decision by these 11 Parliaments. From a practical point of view, abolition of the Senate is really a political impossibility.
In considering provinces like New Brunswick or Prince Edward Island, many of these provinces entered Confederation with the condition that they would be allotted a certain number of senators in the upper chamber. This was the deal that brought Newfoundland into Confederation in 1949. It was the deal that brought Prince Edward Island into Confederation, I think it was in 1871. It was the deal that brought the provinces of New Brunswick and Nova Scotia, along with the United Province of Canada, into Confederation in 1867. These were fundamental to their entry into the federation, and for the opposition members to so blithely and casually suggest that we abolish the Senate shows either remarkable naïveté or, frankly, irresponsibility.
These provinces today would likely never agree to the abolition of the Senate, by reason that it guarantees them a certain amount of representation in both the House of Commons and the Senate of Canada. In fact, as much as people may not like this point, the reality is that Prince Edward Island, with some 140,000 Canadians, has 8 parliamentarians. It has four senators in the upper chamber and four members of Parliament, and the two are inextricably linked. They are linked because the number of members in this House of Commons, from a provincial division, cannot fall below the number of senators from that particular region of the country. Therefore, why would the people of Prince Edward Island ever agree to the abolition of the Senate? They would not only lose their four parliamentarians in the upper chamber, it would put at risk the number of parliamentarians, of which they have four, in the lower chamber. In fact, they might be reduced to only two members of Parliament, or even possibly one and a half members of Parliament. The people in a province like P.E.I. are being asked, through a motion like this, to consider going from eight parliamentarians, four senators and four members of Parliament, to one and a half members of Parliament.
After thinking through the implications of this motion, members may think the proposer is either uninformed or is being irresponsible.
I could speak about New Brunswick, Nova Scotia and Newfoundland, and I could speak about the Province of Quebec. The fact is, the Province of Quebec has long had requests for amendments to the Constitution.
Before we would even be able to address the abolition of the Senate and the Constitution of Canada, the outstanding requests that came from Meech Lake, and later partially through Charlottetown, would be at the front of the line when it comes to amending the Constitution. I do not think Canadians, either in the rest of Canada or in Quebec, want to reopen those divisive constitutional debates that we had in the late 1980s and early 1990s. There again, I think the motion is not a serious proposal for change.
Finally, with respect to why the motion is not serious and why it should not pass, the Senate is an important chamber. The ongoing present difficulties aside, the fact is that all major western democracies have a bicameral national legislature. All major democracies have two chambers in their national parliament, national congress, national legislature, national system, and there is a reason for that. Laws need to be made cautiously and passed with a great deal of review. There needs to be checks and balances in a system in order to ensure there is not undue concentration of power and that the power of the state does not run roughshod over minority rights and the rights of individuals and regions of the country.
The most important reason that the motion should not be adopted is because the Senate is an important part of this Parliament of Canada. It was set up to provide a balance to the majoritarianism in the lower chamber. We passed a riding redistribution act about a year ago that has resulted in new ridings for this country. The opposition opposed that because it does not believe this chamber should be representative of its population.
We, as a government, believe this chamber ought to be representative of the population, that each vote in each riding should have the same weight across the country. In order to offset that majoritarianism in this chamber, we have an upper chamber that balances the smaller regions of the country against the larger regions. This is the way it is with chambers in other democracies, for example, like the United States, where each state has two senators. A large state like New York, with millions of people, has two senators, and small states like Hawaii and Alaska also have two senators each. The reason for that is to offset the tyranny of the majority, as it has often been said, of the lower chamber. That is why the Senate is an important institution and that is why the Senate cannot be abolished.
The solution to the ongoing problems in the Senate that we have seen more recently is not its abolition. The solution is to make the Senate more accountable. The solution is to establish term limits for senators, who now are there to age 75, and to establish popular consultations whereby senators can be appointed by the government.
The Government of Canada has made a reference to the Supreme Court because of the questions about the boundaries. We, as a Parliament, can amend current law in Canada to bring about these two broad reforms, the term limits for senators and the popular election of senators, in a way that does not require us to reopen the Constitution. A couple of months ago, the government asked the Supreme Court for a reference as to what the bounds are in legislation for us to introduce new term limits; what the bounds are in terms of us enacting popular consultations for senators; what the bounds are for the constitutional requirements of net worth and property qualifications in the province from which senators are appointed; and, what the bounds are for the abolition of the Senate. That latter question is actually fairly clear.
There have been a number of references and rulings by the Supreme Court that, in my view, have made it quite clear that the abolition of the Senate at the very least requires a two-thirds, 50% plus 1, amendment, or the unanimous consent of all 10 provincial legislatures and the Parliament of Canada.
We hope this reference will come back expeditiously so that we as a Parliament can move quickly to enact the reforms proposed in Bill C-7, the Senate reform act. It is my hope that the court will find the time to give the Government of Canada its reference by the end of this calendar year.
That is the solution to the Senate. It is to allow Canadians to render judgment on the performance of the Senate. It is up to Canadians to elect the senators they think are best able to sit in the Senate and to decide whether to hold senators to account for their performances in their previous terms. That is exactly what this reform act for the Senate would do. This act would ensure accountability in the upper chamber, that the chamber is where the business of the nation carries on and that Canadians can have faith that laws are being verified before they are passed and given royal assent.
The NDP's motion on the abolition of the Senate is not a serious one. It is not something that any serious leader or party would propose. It is not only practically and politically impossible, but it would reopen the divisive constitutional debates and referenda that we saw in the 1990s and late 1980s. It would also, frankly, further concentrate power in the executive branch of our government to the detriment of Parliament. For all of those reasons, it is not a serious proposal. Frankly, it is a proposal to make hay while the sun shines on the current controversies in the Senate and speaks to the fact that the official opposition is not ready for prime time, not ready for government.
I could go on about the challenges the Senate has, but the reality is this. From time to time there are controversies in this chamber about particular members and ministers in the cabinet. That happens in all governments. Nobody is suggesting that we abolish this chamber because of controversies. I am not minimizing the controversies in the Senate. The reality is that the Senate needs to be reformed. There were reforms introduced in the House of Lords in the Westminster parliament. We have the last Parliament with an unelected, completely appointed upper chamber that has no popular consultations or vetting process by which senators are appointed.
It is high time for Canada, Parliament and Canadians to have an upper chamber that has term limits of nine years, as it is in the current bill, though eight years would be acceptable to many of us, and to have popular consultations or elections of senators. That is well past its due date. We need to put that in place, and put that in place quickly. Frankly, I think the government would be prepared, with the consent of all members of the House, to rapidly pass that legislation through the chamber so it can proceed to the Senate where it would be debated and passed.
That is the very important reason for why we need to achieve Senate reform. If we do not achieve Senate reform, all we are doing is delegitimizing the Parliament of Canada. Canadians have been turning out in lower and lower voter numbers in recent elections. Canadians increasingly do not trust political institutions. That has been shown in surveys over the last number of years. There was one survey recently that indicated that trend continues. We bring it upon ourselves as parliamentarians when we propose things we know are just making politics, that have no practical chance of ever being adopted into law and, further, that would weaken this institution.
I will be happy to take questions on this issue. This it is not a serious proposal from the opposition. It is irresponsible, if not naive. It shows a remarkable lack of understanding about how upper chambers have been structured around democracies of the world in order to provide a check on majoritism of the lower chamber.
There is a solution, however, to making the Senate accountable and to allowing Canadians a say in the performance of the hundred or so senators in the upper chamber, and that is to put in place term limits and to allow for the election of senators.
Instead of debating this motion on the floor of the House, what we should be doing is debating the government's Bill C-7, the Senate reform act, which will introduce those two fundamental changes into the upper chamber and ensure that the upper chamber is modernized and remains relevant for the 21st century and for Canada's democracy.