Marlene Jennings

[Canada Elections Act, September 18th, 2006]

Mr. Speaker, B.C. has fixed flexible because while it stipulates that a general election will take place four years on such and such a date, it has mechanisms within its legislation to allow for premature dissolution. Therefore, it is not a fixed election date. It is fixed flexible.

If the hon. member cannot understand the distinction, then I would be more than happy to sit down with him when we have all the time in the world in the government lobby or in the opposition lobby, and spend 10 minutes, an hour, or two hours to explain to him the difference between fixed election date and fixed flexible.

[Canada Elections Act, September 18th, 2006]

Mr. Speaker, I find it quite interesting that the hon. member will read one quote from Henry Milner, but not mention the fact that Henry Milner clearly points out that there is first, a fixed election date, a true fixed election date, but there is no possibility for premature elections.

Second, there are flexible fixed dates, where one knows where the actual election will take place because in the constitution it says every three years on the third Monday of the third month, or every four years, et cetera. That allows for a mechanism for premature dissolution of the parliament or the national assembly. That is called flexible fixed. That was the point I made.

When the Conservative government tabled Bill C-16 and claimed to this House and to Canadians that it is about fixed election dates, it is about no such thing.

If the government wishes to say it is about flexible fixed or fixed flexible dates where premature elections can happen because the Governor General's power to dissolve parliament would not in any way be diminished by this bill, that is factual. Anything else is not factual.

[Canada Elections Act, September 18th, 2006]

One of the members just suggested that I look under criminal. I think that is Conservative too.

Let us look at the issue of making premature elections more difficult. If one in fact were to allow for premature elections, which Bill C-16 allows for, then the issue is whether Bill C-16 in any way, shape or form would make it difficult for a Canadian federal government to call a premature election. The answer is that nothing in this section affects the power of the Governor General, including the power to dissolve Parliament at the Governor General's discretion. That is the long answer. The short answer is that nothing in Bill C-16 would limit or restrict the authority of a Canadian government to call a premature election if Bill C-16 were in effect.

Second, is there anything that even makes it difficult, that would be dissuasive? No, because there is nothing in this section that affects the powers of the Governor General, including the power to dissolve Parliament at the Government General's discretion.

Why is the government wasting our time and the time of Canadians by trying to blow sand in our eyes, by claiming that Bill C-16 is about fixed elections, when it is about nothing of the kind?

It is a marketing tool by the Conservative Party to hoodwink Canadians into thinking that it really is about fixed elections and that the Conservative Party has kept yet another promise. In fact, the Conservative Party has yet again attempted to hoodwink Canadians, and second, this bill is duplicitous. This bill is deceptive. It has nothing to do with fixed elections.

For goodness' sake, if the Conservative government were honest, it would at least say that the bill has nothing to do with fixed elections, because even if the bill were to come into force, the Prime Minister would still be able to go to the Governor General at any time and ask the Governor General to dissolve Parliament. The Governor General's royal prerogative to do so would not be in any way diminished, limited, reduced, or any other word we can think, by this bill.

If the Conservative government were honest, it would at least admit that.

[Canada Elections Act, September 18th, 2006]

I know, but I also like saying duplicitousness. If I look in the dictionary next to Bill C-16, I see Conservative Party and duplicitous. That is what I see when I look in the dictionary: Bill C-16, Conservative Party, duplicitous.

[Canada Elections Act, September 18th, 2006]

--and recommend to the Governor General to dissolve Parliament. The Governor General would have all the authority to do so.

As my colleague from Beaches—East York just mentioned, if somebody actually read the BNA Act, our Constitution, they would see that this is actually what we already have. Under the Constitution, Parliament has to be dissolved no later than in the fifth year of the preceding election.

However, within that time, the prime minister can go to the Governor General and recommend that Parliament be dissolved at any time. In fact when one looks at it, historically it is usually toward the end of the fourth year following a general election that the prime minister of a government in Canada has actually done that. That is the first thing.

I ask that members please not say that Bill C-16 is about fixed election dates, because it is not, and I ask them not to claim that this would ensure that the Prime Minister of the sitting government, the Conservative government, will not, to use the terms that the members opposite have been using this very day, abuse his authority by calling an election at any time. In fact, if this bill were in effect right now, it would allow the sitting Prime Minister of the Conservative Party, who is also Prime Minister of Canada at this point, to go tomorrow to the Governor General. There is absolutely nothing in the bill that would stop that.

I ask members to please not call it a fixed election date and to please not attempt to portray it as being something fundamentally different from the system we have been governed by here in Canada since Confederation, because this does not change anything fundamentally. This is a game of smoke and mirrors on the part of the Conservative government.

Does that surprise me? I would like to say it does, but unfortunately it does not. It is no different from the tabling of the 2006 budget. The Conservative government heralded tax cuts. It said, “We are going to help the most poor, the most disadvantaged”. What? Does increasing the lowest marginal tax rate from 15% to 15.5% lower taxes? No, of course not. It increases taxes.

I do not know about my colleagues on the opposite side, but I can speak for my colleagues on this side, the Liberal Party, the official opposition. After July 1 when that tax hike kicked in, most of us received a lot of letters from our constituents who happen to be seniors. They were saying, “I thought the Conservative government said it was lowering taxes. How come my taxes just got increased half a point?” They were not too pleased. The Conservatives may want to think about that.

On the other hand, the Conservatives talked about lowering the GST and how that was going to put a lot of money into people's pockets. Studies actually show that in order for somebody to make back $100 on that one point reduction they would have to spend a heck of a lot more money. They would have to spend $10,000 for that one point reduction to put $100 in their pockets.

I do not know too many people in my riding who have that kind of disposable income that they can spend $10,000, whether it be on clothes, restaurant meals or buying a new car. I do not know too many people who can spend $10,000 of their disposable income in order to get back $100. Most people would have preferred that the marginal tax rates remained where they were rather than increase them 5% in order to pay for luxury items for people who can afford to go out and spend $10,000, $20,000, $30,000 or $40,000 a pop.

Another example of the duplicitousness of this--

[Canada Elections Act, September 18th, 2006]

I apologize.

I should say that the right hon. Prime Minister and his cabinet should state that Bill C-16 is not about fixed election dates. Bill C-16 is about fixed flexible dates, which would still allow the prime minister all the authority to go to the Governor General at any time prior to the set date--

[Canada Elections Act, September 18th, 2006]

Mr. Speaker, it is always a pleasure to participate in a debate when you are in the chair. I will read a clause from C-16.

Clause 1 is one of the most important:

1. The Canada Elections Act is amended by adding the following before the heading “WRITS OF ELECTION” before section 57:

Date of General Election

56.1 (1) Nothing in this section affects the powers of the Governor General, including the power to dissolve Parliament at the Governor General's discretion.

If this bill were to be passed and adopted , it would receive the royal assent of the Governor General, the Right Hon. Michaëlle Jean, at her discretion, during her term of office.

The most important section and the actual core of Bill C-16 is the section that states:

Nothing in this section affects the powers of the Governor General, including the power to dissolve Parliament at the Governor General's discretion.

For those who may be watching TV right now and may not understand what that actually means, under the British North America Act and our Canadian Constitution, the Governor General has full authority, a royal prerogative, to dissolve Parliament at her or his discretion. Tradition calls for the Governor General to do so only at the recommendation of the sitting prime minister.

Therefore, one could pardon the Conservative Party prior to becoming the government, when it was in official opposition, for saying it was talking about fixed elections, but in fact not fixed elections. Now that it actually forms the government, one can no longer excuse that. The government has constitutional experts at its fingertips and knows very well that it cannot institute true fixed election dates without diminishing the discretionary power of the Governor General under our Constitution to dissolve Parliament upon recommendation of the prime minister. This would mean that the Governor General would have absolutely no royal prerogative at her discretion to dissolve Parliament. That requires a constitutional amendment, ladies and gentlemen.

So when the Conservative government, since tabling Bill C-16, has a campaign calling Bill C-16 a bill to create fixed election dates, I would say the government and the bill are clearly duplicitous, because that bill is not about fixed election dates. That bill, by precisely saying in that very paragraph that nothing in it affects the powers of the Governor General, “including the power to dissolve Parliament at the Governor General's discretion”, shows that it is duplicitous.

It has absolutely nothing to do with fixed election dates, because in fact fixed election dates are fixed election dates. One cannot change the date at any time. In order for the Conservative government to bring in legislation with actual, factual and true fixed election dates, its bill would have to diminish the powers of the Governor General to dissolve Parliament at any time as per her or his discretion. In order to do that, the bill would have to amend our Constitution. This bill does not do that.

The Speaker of the House has said that I can say this, so if the government were honest—and that has been deemed parliamentary—the government would in fact say that this bill is not about fixed election dates and that this bill does not in any way diminish the power of the Governor General nor the authority of the Prime Minister at any time, even the day after. If the bill is adopted, goes through all three readings in the House, goes through all three readings in the Senate, becomes legislation and the Elections Canada Act is changed, the very next day the sitting Prime Minister could go to the Governor General and say, “I'm calling an election”, and the Governor General would be able to dissolve Parliament.

So for the Conservative government to claim that Bill C-16 is about fixed election dates is not telling the whole story. The story is what under this we would be talking about for the Prime Minister between the date that Bill C-16 would become law and the third Monday of October in the fourth calendar year following the first general election after this section comes into force, which would be Monday, October 19, 2009. Between the date that this bill comes into effect and Monday, October 19, 2009, the Prime Minister could go to the Governor General at any time on any single day and say, “I am asking and recommend that you dissolve this Parliament”. The Governor General would have the power and the authority under our Constitution to dissolve Parliament and launch a general election.

At the very least, the Conservative government should state in fact that Bill C-16 is not fulfilling its electoral promise to create fixed election dates. What it is doing is simply saying that if the Prime Minister, between the adoption of this bill and Monday, October 19, 2009, has not woken up at any time and decided that he wants an election, then the election will happen on October 19, 2009, but that at any time before that the Prime Minister could recommend to the Governor General to in fact dissolve Parliament. That is the first thing.

When one looks at what is the definition of “fixed election”, I would recommend that my colleagues go to a major study that was done by Henry Milner, “Fixing Canada's Unfixed Election Dates: A Political Season to Reduce the Democratic Deficit”, published by the Institute for Research in Public Policy on December 5, 2005, volume 6, number 6. He actually gives a definition. It is quite interesting. He states that a fixed election date is when there is no possibility of dissolving the assembly, whether it is a national assembly or a parliament, prior to the date that has been fixed by legislation.

In any other system, yes, the Constitution of the country may in fact establish, for instance, that the term of the assembly is three years or four years and actually may lay out the third Monday of the 10th month of the year. There is thus an election every three or four years, but it also allows a mechanism for early dissolution, either because of a non-confidence vote or because there is an issue that the government wishes to plebiscite on. So in fact, that is not a fixed election date. That would be called a fixed flexible date, because while there is supposedly a fixed date, the government or the assembly still has the power and the authority to dissolve prior to the expiry date of the fixed term, whether it is three years, four years or five years.

The very first thing, the very least thing the Conservative government and Prime Minister Harper and his cabinet should say is in fact—

[Canada Elections Act, September 18th, 2006]

Mr. Speaker, it is always a pleasure to have the Standing Orders of this House applied in a reasonable and objective manner.

My question is as follows: does the government member have an opinion on the views expressed by constitutional law experts that true fixed election dates, without any flexibility, would require a constitutional amendment?

[Canada Elections Act, September 18th, 2006]

Mr. Speaker, is it possible for me to speak in the House without interruption?

[Canada Elections Act, September 18th, 2006]

Mr. Speaker, I would like the hon. member to comment on the views of some constitutional law experts who have said that the government's Bill C-16 would in fact change the powers of the Governor General. In order to do that, fixed election dates--