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FM AMEMBASSY OTTAWA
TO RUEHC/SECSTATE WASHDC IMMEDIATE 9443
INFO RUCNCAN/ALL CANADIAN POSTS COLLECTIVE PRIORITY

UNCLAS SECTION 01 OF 02 OTTAWA 000377 
 
SIPDIS 
 
SENSITIVE 
 
E.O. 12958: N/A 
TAGS: PGOV CA
SUBJECT: SEEKING SENATE REFORM -- AGAIN 
 
REF: A.  08 OTTAWA 1516 
-    B.  08 OTTAWA 1577 
 
¶1. (SBU) Summary: Although the economy remains the most likely 
ballot-box issue in the next federal election, the Conservatives 
continue to move ahead on non-economic fronts, notably on law and 
order issues, but also on the "wedge" issue of Senate reform.  The 
government's reform initiatives have no chance of passing, but play 
well to the Conservative grassroots and help put more ideological 
light between the Liberals and Conservatives.  End summary. 
 
WHAT IS OLD IS NEW AGAIN 
------------------------ 
 
¶2. (U) Since January, the federal budget and economic stimulus plans 
have pushed secondary issues onto the back burner in Parliament. 
The legislative agenda in the House of Commons has been relatively 
light and familiar, such as additional law and order bills.  Of the 
35 bills that the government has introduced since January, 17 were 
reintroduced from the truncated session that ended in December (ref 
a); most of those had been, in turn, recycled versions of 33 bills 
that the Conservatives had introduced in the previous parliament. 
These died when the government called the October 2008 election. 
 
¶3. (U) Minister of State for Democratic Reform Steven Fletcher 
Fletcher has pledged "imminently" to re-introduce (for the third 
time since the Conservatives took office in February 2006) two 
bills: limiting the tenure of senatorial terms (currently, the 
appointed Senators may serve until they are 75 years old); and, 
permitting public consultation (but not direct election) in the 
appointment of senators. 
 
REFORM PROPOSALS A "NON-STARTER" 
-------------------------------- 
 
¶4. (U) On May 7, Minister Fletcher introduced a bill -- the "Senate 
Ethics Act" -- to abolish the position of Senate ethics officer and 
to combine oversight of both Senate and House of Commons ethics 
codes under a single parliamentary Conflict of Interest and Ethics 
Commissioner.  The bill is the fourth attempt since 2002 (under 
successive Liberal and Conservative governments) to streamline this 
position, and would restore a provision in the Conservatives' 
flagship 2006 Federal Accountability Act.  The Commissioner 
currently oversees the ethics code for the House of Commons as well 
as rules for federal public office holders.  The government had 
withdrawn the provision in 2006 in the face of stiff resistance in 
the Senate, in order to win timely passage of the Act. 
 
¶5. (U) The Conservatives' revival of the issue has drawn a "shocked" 
reaction from some senators.  Veteran Liberal Senator Serge Joyal 
dismissed the ethics bill -- and the two promised bills on senate 
tenure and selection -- as "non-starters."  He accused the 
Conservatives of "playing to their core supporters in Alberta" and 
trying to divert attention from their handling of the economy. 
Opposition crosses party lines. 
 
¶6. (U) The Senate is also expected to oppose the bills to limit 
Senate tenure to eight years and to allow for public consultation in 
Senate appointments.  Since 2006, Liberal senators have twice 
blocked similar bills, accusing the Conservatives of trying to 
reform the Senate through the "back door" by bypassing the need for 
provincial consent.  Under the Constitution, two-thirds of the 
provinces representing at least fifty percent of the total 
population must consent to any changes to the powers of, and 
selection of, senators.  The provinces of Ontario and Quebec have 
already raised constitutional concerns. 
 
¶7. (SBU) The federal Parliament has only reformed Senate tenure once 
since 1867 when, in 1965, it established the mandatory retirement 
age (previously, senators served for life).  In May, Liberal MP 
Qage (previously, senators served for life).  In May, Liberal MP 
Albina Guarnieri -- who had chaired a special ad hoc Commons 
Committee in the last parliament tasked with studying the previous 
Senate tenure and selection bills - was pessimistic about further 
progress.  She privately pointed to a lack of "political will" by 
all parties toward reform, and ruled out any progress until either 
the Liberals or Conservatives obtain a majority in the House of 
Commons. 
 
CONSERVATIVES A MINORITY -- FOR NOW 
----------------------------------- 
 
¶8. (U) The Conservatives currently constitute a distinct minority in 
the 105-seat Senate.  Party standings are: Liberals, 56 seats; 
Conservatives, 38; Progressive Conservatives, three; and, 
Independents, five.  There are three vacancies.  At least nine more 
seats will fall vacant during 2009 due to scheduled retirements.  If 
Prime Minister Harper fills all vacancies with supporters, the 
Conservatives could have a slim majority (50 Conservatives to 49 
Liberals) in the Senate in January 2010. 
 
 
 
OTTAWA 00000377  002 OF 002 
 
 
¶9. (U) On December 22, Prime Minister Harper had surprised even 
fellow Conservatives by deviating from his own and the party's 
doctrine by appointing 18 senators -- the largest number of senators 
named at a single time in Canadian history (ref b) -- even absent 
any Senate reform.  (He had, however, previously appointed one 
senator -- Michael Fortier -- in 2006 to represent Quebec in Cabinet 
after Fortier failed to win a seat as an MP.) 
 
 
¶10.  (SBU) Comment:  The depth of the economic recession has left 
little political oxygen for other topics, and will without doubt be 
the key ballot-bow issue in the next federal election, which most 
expect within the next ten months.  Even Conservative insiders in 
Calgary and Ottawa admit that Senate reform efforts are at best 
quixotic for now (since the Senate must also vote in favor), but at 
least are a direct appeal to the Conservative base, which has been 
stunned by the rapidity with which PM Harper has seemingly abandoned 
fundamental Conservative principles on Senate appointments, fiscal 
deficits, the role of government in the auto sector, and other 
stimulus spending decisions.  The efforts nonetheless put greater 
ideological light between the Conservatives and the Liberals under 
Michael Ignatieff, who has as of yet publicly identified few clear 
policy differences with the Conservatives, apart from Employment 
Insurance eligibility rules (an issue the Liberals share with the 
New Democratic Party and the Bloc Quebecois). 
BREESE