Hon. Jean-Guy Dagenais: Honourable senators, I rise today in support of Bill S-228 at second reading. This bill, introduced by Senator Patterson, would eliminate the requirement that senators have a personal net worth of at least $4,000 and that all senators representing a province other than Quebec own real property worth at least $4,000.

In its present form, Bill S-228 does not fix what I would call the constitutional discrimination against all senators from Quebec and only senators from Quebec. With respect to the real property requirements, in order to become and remain a senator, a senator from Quebec must not only own real property in their province of residence, but must also own property in the district or division that they represent. I will come back to this later to explain how this could affect a potential senator from Quebec.

Bill S-228 at least has the benefit of trying to eliminate a selection criterion that could prevent a potential new senator from serving in this chamber.

I do not wish to take up Senator Paula Simons’ historical account, going back to ancient Rome, of the reasons that may have induced the fathers of the Constitution to impose economic restrictions on eligibility for the officer of senator. I will simply state that it is no longer 1867 and that, no matter how much effort it takes, it is time to put an end to constitutional criteria that are nothing short of discriminatory for those who could be called to join this chamber.

Considering the condition for entry set in 1867, it is understandable that the first senators of Canada were all rich landowners, businessmen and bankers. The goal at the time was simply to bar a certain class of citizens from becoming senators. Such a clause would not be tolerated today. The eligibility criteria for the Senate must be modernized and updated for 2022.

Let’s come back to Bill S-228. I will not dwell on the obstacles that the real property requirement creates for the First Nations, Inuit and Métis peoples of Canada who continue to live on their lands. Senator Patterson clearly explained that the citizens of Nunavut like himself do not own the land on which they live and are therefore excluded from being appointed to the Senate of their country. Because the lands of Nunavut are considered to be a shared asset, this makes the vast majority of its residents ineligible for the Senate.

In 1867, the drafters of the British North America Act that created Canada were inspired by the values of the time, of course. Nonetheless, it is unacceptable that the ability to participate in the politics and democracy of a country like Canada is still governed by archaic rules written in terms that in no way correspond to our demographic reality.

The bill we are studying aims to fix certain elements, at least in part. I would like to come back to the unique situation of Quebec senators.

The Constitution of 1867 gave Quebec 24 Senate seats. However, unlike the provisions for other provinces, where a senator’s territory is the entire province in which he or she resides, a Quebec senator is appointed for a particular senatorial district, otherwise known as an electoral division.

In the other Canadian provinces, the real property owned by Senate candidates prior to their appointment can be a residence, a cottage or a plot of land anywhere in the province.

The requirement is quite different in Quebec, as the 1867 Constitution is much more restrictive for Senate candidates in that province. Their property must be located in the electoral division to which they are assigned. I remind you that the province is divided into 24 districts.

Candidates for a Senate seat who reside in their electoral division simply need to own their residence. Anyone who rents is excluded.

That is one kind of discrimination.

Senate candidates who are assigned to an electoral division located outside major centres like Montreal and Quebec City, but who do not live in that division, have a lesser problem because all they need to do is buy a piece of bushland in the electoral division to be eligible for a Senate seat.

That is just as discriminatory because it takes money to do that.

Individuals offered the opportunity to become a senator for one of the two electoral divisions on the island of Montreal face a very different problem if they do not own property there. I am referring to the electoral divisions of Victoria, which I represent and which is located in downtown Montreal, and of Alma, which represents the senatorial district covering East Montreal.

Just like Senator Simons, when I was contacted about a Senate appointment in 2011, I had to scramble to find land or property I could buy to be eligible for the appointment, and I had to do it in record time.

It would undoubtedly have been easier to buy a small plot of land anywhere in Alberta, where Senator Simons lives, or even in Shawinigan. However, on the island of Montreal, or worse yet, in West Montreal, just try to find a piece of land worth $4,000 in 72 hours so you can become eligible to be a senator. Even a plot at the Notre-Dame-des-Neiges cemetery is more expensive than that.

To comply with the real property requirement for senators, I had to buy a condo on Nuns’ Island, which I do not live in. Year after year, I have to prove that I am still the owner in order to keep my Senate seat.

I certainly have no intention of making you cry over my predicament, which I fully accept, but those who would like to follow in my footsteps and become a senator from Quebec should never have to potentially be penalized because they are not property owners and they do not have the financial means to quickly buy enough real property to be eligible for a Senate seat.

In 2022, becoming a property owner in Montreal is not accessible to everyone. I would even say it is hard just to be a renter.

Now that we can all recognize that the constitutional requirements from 1867 regarding real property ownership are discriminatory, we can all make a serious effort to fix this. We can at least make a start with Senator Patterson’s Bill S-228, which would fix the problem for 9 of the 10 Canadian provinces and for the territories.

However, while we are working on this issue, we could also take serious steps to seek approval from the Government of Quebec to change the Constitution Act, 1867, regarding the eligibility criteria for senators from Quebec, to ensure that they are treated the same as senators from other provinces and territories.

Thank you.