Mr. Speaker, the Senate serves as a chamber of sober second thought to review legislation. I just want to highlight three pieces of legislation that have gone through this House over the years that the Senate has defeated, amended or reviewed.
For example, setting aside one's views on the difficult issue of abortion, let us look at what happened to Bill C-43 during the time of Mr. Mulroney's government. It was defeated in the Senate. It was the bill that would have restricted abortion in this country. The Senate defeated Bill C-43. Otherwise, today in Canada we would have had restrictions on abortion. Therefore, I would ask members opposite who have strongly held convictions on this whether that was a role that they would have seen as useful as played by the Senate.
More recently, after the last election, the government introduced, as part of its electoral commitment, Bill C-10, the safe streets and communities act. It sailed through this House of Commons, and it got to the Senate. Suddenly the members of government and the senators realized that there were problems with respect to national security in the bill. Therefore, the Senate introduced an amendment which then forced the bill back to this House. The amendment was adopted by this House, the legislation received royal assent. That gap, that shortfall in the bill, was addressed by the Senate of Canada.
More recently, as I mentioned before, Bill C-290, that did not receive a standing vote in this House of Commons and received only one witness at committee, the very proponent of the bill, did not receive sufficient scrutiny and oversight. The Senate is currently doing its work in that regard.
Those are just three examples of the important work that the Senate has done over the years in its role as a chamber of sober second thought to review legislation.
There is a another reason why the Senate serves a useful function. That is, its role as an investigative and research and deliberative body. In the history of the Senate back to the 1960s and 1970s, the investigative work of the Senate into social policy became integral to the development of Canada's modern social safety welfare net. The development of the Canada pension plan and the Canada Health Act and the development of policies involving social transfers to the provinces for health care, education, post-secondary research and development were all influenced by the work that the Senate did over the years. More recently, the work that the Senate did on mental health influenced government and House of Commons decisions on legislation, policy and funding for mental health concerns. The Senate does the same thing as royal commissions, public inquiries and external task forces, but it does so at a lesser cost than those royal commissions and in a much quicker and more timely manner.
There is yet another reason why the Senate serves a useful function. It is the same reason why in over 50 states around the world there are bicameral legislatures: the Senate serves to provide a check and balance, not just on the majoritarianism of the lower chamber in this House of Commons, but also on the executive branch of government.
I would like to quote Sir Clifford Sifton. He was a Canadian minister at the turn of the 20th century who helped open up western Canada for the waves of immigration that settled the great Prairies and produced the powerhouse of energy and agriculture that we see today. Here is what Clifford Sifton said in the book The New Era in Canada in 1917:
No nation should be under unchecked, single-chamber government.... It must also be remembered that, under our system, the power of the Cabinet tends to grow at the expense of the House of Commons.... The Senate is not so much a check on the House of Commons as it is upon the Cabinet, and there can be no doubt that its influence in this respect is salutary.
The check that the upper chamber provides on the executive branch of government, something that many Canadians have been increasingly concerned about over the last 30 or 40 years, is a useful function. In fact, modern North American institutions are based on Montesquieu's doctrine of the division of powers as a way to best achieve outcomes in society, and the way to best achieve justness and fairness in society.
His division of powers principle is quite simple. We needed to move away from the error of the absolute rights of kings and dictators, where they held all the power, to a system of government where power was diffused. We needed a system where power was not concentrated in a single place, in the Prime Minister's Office, the cabinet or the executive branch of government, but diffused among the legislative, executive and judicial branches.
The Senate, in a bicameral system of government, serves that end of the division of power. It serves that end of diffusion of power. It serves that end to provide a check and balance on the concentration of power in one place. That is why, as I said earlier, there are 50 countries around the world with bicameral legislatures.
In addition to these reasons why the Senate serves a useful function, let us talk about the practical, political realities of abolishing the Senate. The reality is that Canada exists today in part because of the Senate. It was the deal that brought the provinces and colonies before Confederation into the federation.
In fact, when we read the Debates on Confederation, it is clear that colonies like Nova Scotia, New Brunswick and Quebec would never had joined this federation had it not been for the Senate. They made it clear they were worried about the rapidly growing populations in Canada West, now Ontario. They were worried about being subsumed by the majoritarianism of a rising Ontario. That is why they wanted the upper chamber to serve as a protector of their interests, whether they were regional in nature, reflecting smaller populations, or linguistic, reflecting the francophone realities in many parts of the country.
Many of those provinces, legislatures and national assemblies would not agree to the abolition of the Senate. They would see it as a diminution of their voice here in our nation's capital.
The political and practical reality is that abolition of the Senate is not something that is going to happen. It is not something that we could easily reopen without addressing the other demands that were made during the Meech Lake and Charlottetown accords, those divisive debates of the late 1980s and early 1990s. There are many more things on the table. If we went to a Dominion-provincial conference on first ministers to talk about the abolition of the Senate and whether or not we believe that would require the 7/50 amending formula or unanimity amongst Canada's 11 legislatures, the point is this: it would be opening a can of worms that no one in the House would want to open.
In particular, I ask members from Quebec on both sides of the House what they would expect the Province of Quebec to demand, with respect to the recognition of Quebec as a distinct society or the recognition of Quebec's nationhood. What would they expect in terms of the demand for a veto on the part of provinces for any future changes to the Constitution? What would they expect when terms of the original Meech Lake demand completely devolve immigration to the provinces and relinquish federal control about who comes into our country and who is accepted to be a citizen?
It would reopen the debate about who gets the power of appointment to the Supreme Court of Canada. There are all the sorts of issues that certainly would be reopened for those who advocate the abolition of the Senate. Therefore, for a practical reason, abolition is not really something that we can pursue, nor is it something that I support. It is also something that we cannot do through the back door.
The Constitution of this country, with its written and unwritten aspects as they have been interpreted by rulings of the Supreme Court, is the basic law of this country and we must respect that Constitution. We must respect the way it needs to be amended. We should wait until the Supreme Court renders its judgment in the reference case that the government has asked it to consider.
Mr. Speaker, while I believe in a bicameral Parliament, while I believe that we need a lower and upper chamber for the reasons I have just outlined, I also believe that the Senate needs to be reformed. We need to have term limits. My suggestion to my fellow parliamentarians is that we should have term limits based on the life of a Parliament. Therefore, instead of setting a fixed term limit of eight or nine years, we should base it on a Parliament. When a Parliament is dissolved for the purposes of a general election, that is when senators should seek re-election. We might want to go to a system where a senator serves for the life of two or three Parliaments before seeking re-election, but I strongly believe that we need to have a system where there a limit on the length of time a senator can serve. I am hopeful that the Supreme Court will give us some guidance in that respect.
I also believe that we need to have popular consultations or elections of senators. That is incredibly important. That way we can provide Canadian citizens the accountability they are seeking for the upper chamber.
We need to do this thoughtfully. We cannot do it willy-nilly. There are unintended consequences if we proceed too rapidly and too rashly. If we are to proceed with term limits and an election of senators based on the court's ruling, then we also need to strengthen this very House of Commons.
In Ontario, the province from which I come, we have 24 senators. In Ontario, unlike Quebec where senators serve at large, if 24 senators run in province-wide elections we could see up to six million or more voters voting for a senatorial candidate. In that situation it is not inconceivable that a single Senate candidate could win an election with four million, five million or more votes, dwarfing the number of voters and constituents that members of this chamber represent. Accordingly, when those senators who have the legitimacy of being elected with some three million to four million votes confront the House about what should be done with certain pieces of legislation, we need to think about strengthening this House of Commons to ensure that the increase in the power of the Senate, because of term limits and elections, is reflected also in an increase in power of this part of the legislature, the House of Commons. This would ensure that the people's place that is represented by 308 members here today has an effective and continued voice as the primary centre of power in our nation's capital.
For all those reasons I believe the Senate serves a useful role. I believe members should vote to ensure its continued operation. While the institution is not perfect, and while those who have made mistakes should be held to account, let us ensure that our institutions remain strong to respond to the future challenges that Canada faces.