Mr. Speaker, I rise to speak on Bill C-43, An Act to provide for consultations with electors on their preferences for appointments to the Senate.
I want to begin my comments with a historical perspective. It is interesting to go back to the beginning of our country and the constitutional debates in Quebec at the Quebec conference and the debates around the Senate. In fact, those debates were some of the longest debates, and some would say they were controversial, about what should be done in terms of that new idea, the new formation called Canada.
There had been a consensus about reforming and having responsible government. Indeed, after the rebellions in 1837, we saw it in 1841. The concept and the idea of responsible government had been born. The rebellions built on Upper and Lower Canada had taken place. In 1841 we saw the idea of responsible government after the Durham report, with all its ills, but there were some good things in it, and then in the Quebec conference in the discussion around what should be done in terms of a new country and the formation of a confederation.
In those debates, there were discussions among the reformers at the time, who were very different from the reformers of more recent times. The Browns, for instance, actually believed that an elected Senate at the time would be problematic. That is interesting to note because at the time Brown and his movement, the reformers of the time, were laying down the markers for what they believed would be more responsible and more representative government.
Yet there was a consensus at the time, after much debate, as I have said, to have an appointed Senate. The reason people gave was that they believed the two houses had to be given certain jurisdictions and responsibilities. There was a concern at the time that one house should not have dominance over the other house, notwithstanding the obvious submission of people who saw a democratically elected house as better than an appointed one.
These people shared some concerns. Many of the reformers at the time trumpeted the comments of John Stuart Mill, who said in 1861:
An assembly which does not rest on the basis of some great power in the country is ineffectual against one which does.
People consciously knew that by way of agreeing to an appointed Senate the upper house would not trump the House of Commons. They were very deliberate, because they did not want to see the quagmire. They saw the upper house as a check.
They were concerned about the experience in the United States at the time. We have to recall our history. The American civil war had just happened. People were very conscious of it. One of the reasons Confederation came together, notwithstanding the Fenian raids, was due to the concern about the Americans' creep north, so to speak.
They wanted to get it right. They wanted to make sure it was different. They wanted to make sure there were proper checks and balances. They subscribed to the idea of an appointed house.
I will go back in history to re-Confederation in terms of what the debates were at the Quebec conference, because it is very important to understand our history in order to understand where we are now and to understand this bill.
In essence what the reformers of the time were saying, Macdonald and others, was that we needed a balance. They wanted to make sure that the upper house was not going to trump the lower house, so that, as John Stuart Mill said, we would not have one “assembly which rests on the basis of some great power in the country”, i.e. the people, and one that would cause a disproportionate balance.
Because, if we look at the structure of the Senate, we see that there were senators appointed. We have to recall that it was the east and west, and the Maritimes were still discussing whether there would be a maritime union. Senators would not be appointed based on representation of exact population. It was very important that it was going to be an appointed Senate.
Delegates at the Quebec conference believed that to have responsible government, the principle that was fought for in the rebellions of 1837 and the act in 1841, there had to be responsible representation by population government in the House of Commons and oversight from the Senate.
If we fast forward to where we are now, this bill is not proposing an overview of what the Senate's roles and responsibilities are. It does not take into consideration, in my opinion, what the initial debate was in this place with the former Reform Party about the so-called triple E Senate. It is not a discussion that really deals with what the Senate's role and responsibilities are. It is simply a way to get around the obvious problem of having an appointed body in 2007. We have not evolved to having a body that is actually democratically respected and responsible.
The fundamental problem with this bill is that it is a half measure. It says that we can have a plebiscite. We have not quite decided yet how that is to be done, but let us say it is in a federal election. The plebiscite goes forward and the person who is nominated goes to the Prime Minister, who makes the appointment.
What it does not do is deal with the whole quagmire of the role of the upper house. That is fundamentally what should be dealt with. That is really what Canadians want. It is what many people believe the former Reform Party really wanted to deal with.
This bill skirts the Constitution because it does not open the Constitution to deal with the problem. It is simply a plebiscite of sorts to find out who is the most popular person to be appointed by the Prime Minister. That might sound good to some people. I am sure the governing party will say that it is a great thing, that it would be a step in the right direction and an incremental and positive step. We may see that as being the case, except when we look at what the government has done in the area of democratic reform and judge it on its record to date.
One bill that the NDP subscribed to and supported was Bill C-16, a bill that would fix election dates and will hopefully be enacted very soon. It was an idea that our party came up with. My predecessor, Mr. Broadbent, put it forward in his ethics package before the last election. The government then took it off the NDP shelf, put it into its platform, brought it before the House and everyone agreed to it. It made sense.
We agreed that we should not open the Constitution for that particular bill. We did that because it was something that could be done without affecting the structure and functions of our Parliament. It was a process in terms of how election dates are set and it did not deal with undermining the whole idea of a minority Parliament and confidence. It was fine.
This bill is a sidestep on the Constitution. For that reason alone, personally I cannot support it. If we continue to skirt the Constitution, I think we are going down a dangerous road. I submit that the government has to understand that the Constitution is not a suggestion list. It is not something for which we say, “Maybe we would like to do this”. It is a fundamental foundation of our country and of the structure of this place and obviously of the other place.
If we are going to talk about substantive change and real democratic reform, then what we need to do is have an honest debate in this country. To be fair, the former Reform Party tried to do that. It attempted to have a so-called triple E Senate.
However, the Conservative government simply wants to do an end run around the Constitution and say, “Here, we have a plebiscite, we will rubber stamp the plebiscite choice, and the Prime Minister will appoint the person”. It does absolutely nothing to the roles and responsibilities of the upper house.
In fact, we will have a house that will have some people who are deemed to have been chosen by the people and some who are appointed, those who are flying, so to speak, on different octane, and people will ask who legitimately speaks for the other place. Is it the person who is there by way of plebiscite or the person who is appointed? It creates a quagmire for the upper house and therefore for this place.
On those points alone, I believe we cannot support the bill.
I want to now turn to where the government is on democratic reform. It is very sad to see that the government has decided not to embrace what the previous Parliament put forward through the Standing Committee on Procedure and House Affairs, which was to go out to citizens and have a citizens' engagement on democratic reform and also have a House of Commons committee going out to Canadians to speak on democratic reform and find out what Canadians' ideas are.
Sadly, what the government came up with has been a disaster. The government will not admit that, but I know it has been a disaster. The government has had to backtrack and reassign contracts. It has gone to so-called “non-special interests”, which is laughable, and I will tell the House who it is, to go to Canadians and have a focus group on what they believe democratic reform should look like.
The paper that has been put out is called “Public Consultations on Canada's Democratic Institutions and Practices”. I have the participants' workbook here. I did not get it from the government website but actually from a participant who recently went through the process and procedure.
Mr. Speaker, you will know the group because it is out of Winnipeg. It is the Frontier Centre for Public Policy. I will not say anything too negative about the Frontier group, but what I can say genuinely is that it is not an objective think tank. Some have said that it makes the Fraser Institute look left wing, but I will not subscribe to what those others have said.
On its website, the Frontier group says it fundamentally does not believe in ideas like proportional representation. This is the group that the government has hired, with taxpayers' money, to talk to Canadians about democratic reform. So when the government presents a bill, Bill C-43 on Senate reform and change--