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Scott is the Editor of Global Dating Insights. This we will do. Now, with Bill
C, there is simply no other program or cause that we have to sacrifice to
accomplish that. Here we have what is only an institutional bill. It is only
about the Senate, nothing more.


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I say that while recognizing that the bill is also about the House of Commons. I
have no quarrel with that part of the bill. It is not our business. Neither,
however, is the Senate their business, nor is it the business of the executive
branch, the Governor in Council. It is the Senate's business, pure and simple.
It is all about our duty to the institution of the Senate, ourselves as
senators, and all of those who will follow us.

We alone will be accountable to the people of Canada for what we do in this
institution, just as we alone are accountable for our conduct individually and
institutionally. Let no one believe that the legal and operating structure that
we live by will determine Canadians' view of the Senate. As is true in all human
affairs, we will be judged by what we do, day in and day out, year in and year
out. Let us not allow the spectre of short-term negative media to distort our
vision. It is our duty to do what is right as we see it. Honourable senators, in
the effort to understand the nature of this issue, and its specific and narrow
institutional focus, nothing could be more helpful than to study the British
experience.

I do not intend to go through all of that in any detail again. It is well known
to most in this chamber, or can quickly be to those who do not know. It is so
helpful because it is so clear. It is so contemporary and so relevant. Not only
that, we had the benefit of direct and thorough discussion with the principal
players who created that situation. We have had the opportunity of personal
interchange with them to test the validity of our thinking and, through in-depth
questioning, to understand their reasoning and their experience. What is the
Westminster model?

To put it simply and clearly, it is about a workable, functioning code of
conduct and its administration for the House of Lords, operating with complete
independence. How closely our code and practice would resemble theirs is not the
issue.


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We will do what we feel we should, but the principles on which it operates are
very persuasive. One of these principles, and one that is of fundamental
importance, is the recognition that we are not the same as the House of Commons.
One of the most important differences is that theirs is a house of confidence
and ours is not. We have no such relationship and no such power.

What our Fathers of Confederation gave the Senate in its place, however, is
independence by virtue of two things: appointment and length of term. Uninformed
critics often allege that because we are appointed by a Prime Minister we are
lackeys, bound to his will. The truth, of course, lies in the exact opposite
direction. Once appointed, we are absolutely free to exercise our conscience —
indeed as any judge does who is appointed by the very same process.

For us to accept incursions upon our independence is to compromise one of the
most important tools that the Constitution gives us to play our role. Honourable
senators, this is not an obscure academic point. It is a fundamental power at
the root of our existence as an institution and one we do not have the right to
squander for whatever reason. What is all this talk about independence and
power? Why do we value it so highly? We value it highly because it is what we
are all about.

Power and independence are what allow us to review and amend legislation and, in
the rarest of cases, reject it.

Power and independence are about carrying out in-depth studies on important
policy issues in our committees, with the ability to call ministers and
officials to account for their action or inaction. Power and independence are
about being the only check on the unlimited capacity of an executive branch,
especially with a majority government, to do whatever it wants. Just think what
a futile and meaningless place this would be if we did not have the power and
independence to do those things that we take for granted every day, and in which
we take such pride.

Let me now address the matter of care and attention to our work on this bill.
What about careful study for this, the chamber of sober second thought; for
this, the chamber justly known for careful and considered study of difficult and
complex issues? How do we feel about the time we have taken on the difficult
issues involved? I will tell you how I feel, honourable senators. For one, I
know that the legislation has come to us with relatively modest study on the
other side. Any careful review of proceedings in the other place reveals that
what study there was focussed mainly on future rules, issues that are not even
part of this bill, and not for the most part on serious constitutional
questions.

Even more important is that they quite properly gave absolutely no consideration
to the part of the bill regarding the Senate. That is our job, and I hope that
we will be allowed to do it. The Senate portion of the bill is now receiving
sober first thought. The arguments proclaiming the great amount of time we have
had for substantial debate are facetious, at best.

What have we had? We have had a pre-emptive debate on a bill we did not yet
have. We have had a committee produce an interim report while admitting that it
could not reach consensus on the most important issues regarding this
legislation: that is, those issues that are elements of the independence of the
Senate. From that interim report came, we are told, the agreement by the
government to give the Senate its own ethics officer. We are being told we
should be very happy because we got what we asked for.

Honourable senators, this is bizarre. The interim report only went so far as to
set out the separate positions for the Commons and the Senate because that is
all the committee could agree upon at that incomplete stage of its work. There
was no consensus as to the method of appointment of the Senate ethics officer.
Yet we are being told to cheer because the bill has given us what we wanted.
Thus, to say the interim report was valuable as guidance to the government is
hollow indeed. In fact, what it did is it gave the government an invitation to
draft Bill C in a way that exploited the incompleteness of the work of the
Senate and its committee.

We thus have a bill that represents, on the most fundamental point, the
uncompleted thinking of less than a majority of a committee with no knowledge of
the beliefs of the Senate. We do not know the feelings of the Senate because the
Senate has never been asked, either by resolution in the chamber or when asked
to approve a report that is not a report.

Honourable senators, we now have that chance. We have been asked. Honourable
senators, we have been told again and again, in speeches and in writing, that
the government initiative on ethics is modeled — I think the government even
used the word "inspired" — on the highly regarded but never approved
Milliken-Oliver report. Perhaps the most fundamental principle of that report is
that the Senate should have complete independence in these matters, beginning
with the most basic issue of all, the appointment of its own Senate ethics
officer.

What do we have? We have an abandonment of that core principle. No lesser
authority than the co-author of that report himself, Senator Oliver, has
explained this to us with force and clarity. Further on the matter of
appointment, I am impressed by the legal interpretation that a legislated
position puts at risk the sanctity of the privileges of this chamber. I
personally believe the risk is high and that the jurisprudence makes that clear.

While I recognize that there is a range of legal opinion on the nature and
extent of that risk, I ask why, whether the risk is per cent or 5 per cent, we
would take any risk at all.

For what purpose? I cannot emphasize enough that the reach of the courts into
our privileges is not even the most basic issue. The basic issue for me, as I
have said, is the principle that we must be clearly and completely independent
and in total control of our own rules, procedures and officials.

That means basing all we do in our own rules — period, full stop. It is not
complicated. Of those who say that taking an independent course would expose the
Senate to public criticism and ridicule, I ask what the Senate is all about if
not independence to fill our constitutional role.


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Do we really believe the Canadian people will ultimately judge us on the
technicalities of legal structure rather than on our actual conduct? As for the
comparison with provinces, does any honourable senator believe that one in
people in any province knows if their legislature has such legislation and how
it works? I think we all know the answer to that. People care about the results,
and rightly so. Comments that this debate and alleged delay is about senators
wanting to protect their personal interests are rooted in misunderstandings of
the most fundamental sort.

It is obvious to everyone who reads the bill that there is absolutely nothing in
it about rules on conflict, disclosure or anything of the sort — nothing at all.
In many ways, we are already years ahead of this legislation in our existing
rules, and what we do not have we can add as we deem necessary. All we are
talking about now is the legal structure under which any new rules, procedure or
positions will be created.

Honourable senators, by now it will be quite clear to you that I feel strongly
about the matters before us. Let me close by explaining where I believe we now
stand on this issue. We all know that we will be dealing with these matters
again, and I believe we all favour doing so in the right way in the very near
future. I certainly do.


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