Hon. James S. Cowan (Leader of the Opposition):

Honourable senators, I would like to take this opportunity to say a few words of welcome to our new senators.

Honourable senators, I was scheduled to speak on Tuesday following the remarks of the Leader of the Government, as has been our long-standing tradition when we celebrate the appointment of new senators. Unfortunately, our colleagues left the chamber as Senator LeBreton was concluding her speech, for a photo session with the Prime Minister, perhaps to sign their eight-year term contracts; I don't know. I assume we will get copies of the pictures.

Some Hon. Senators: Oh, oh.

Senator Cowan: In those circumstances, I felt it was inappropriate to speak to them when they were not in the chamber. Yesterday, I received a gracious note of explanation from Senator LeBreton and I am glad to have an opportunity to say today what I would have said on Tuesday.

Honourable senators, on behalf of the opposition, I am happy to welcome our nine new colleagues to the Senate. I am sure that their diverse talents and experience will bring much to the work of this important institution.

For several years, our ability to function at the high level that Canadians are entitled to expect from their Senate was hampered by the Prime Minister's refusal to fill the ever-increasing number of Senate vacancies. We on this side urged the Prime Minister to fulfill his duty, arguably his constitutional obligation, by making appointments in a timely manner.

Last January, we welcomed 18 new colleagues, many of whom have made remarkable contributions in this place already. Their presence has made a particular difference in the ability of the government to fill its roster of members on committees and to relieve the workload of their overtaxed colleagues. Honourable senators, your arrival will further assist in evening out this workload — something I am sure my friends in the government leadership will welcome.

Some Hon. Senators: Hear, hear.

Senator Cowan: I look forward to working with you in the weeks and months ahead as we seek to do our part to make Canada the best place it can be for all Canadians. Honourable senators will not be surprised to hear that I expect that there may be times when we may disagree as to how best to achieve that objective. Indeed, I suspect my vision of what Canada can achieve may differ substantially from yours. I look forward to many lively debates in this chamber as we consider and assess various legislative initiatives. However, you may be surprised to learn that I expect there will be many times when we will find ourselves in agreement. The Senate is a political institution, but it has a strong and proud tradition of being less partisan than what we refer to here as "the other place." Many of us work hard to try to find bipartisan solutions to issues. I will not pretend that the efforts are always successful — but when they do succeed, I believe Canadians and the Senate gain.

In this regard, I want to say a word or two about the function of this place and to repeat a message that I gave to our new colleagues last January. As I advised our then new colleagues: Do not believe everything you have heard or read about this place. Take the time to check out the résumés of your colleagues on both sides of the chamber. You will be amazed, as I was when I arrived, at the depth of experience and knowledge that exists here. You will be impressed, as I was, by the work that is done by your colleagues. Take the time to learn about this institution; do not take the words of others. Form your own opinion. Take advantage of the expertise of the officers of the chamber, the clerks, the researchers who support our committees, and the wonderful resources that are available to assist us in our work.

I believe you will find, as I did, that our colleagues — Liberal, Conservative, Progressive Conservative and Independent — take their roles as senators under the Constitution seriously. They work hard to understand and assess all aspects of proposed legislation — listening to Canadians who take the time to come before our committees to express their often impassioned views on issues before us and checking for unintended consequences of initiatives, all too often finding them and then working hard to find solutions.

That is our job as legislators in the Canadian parliamentary system. To quote George Brown, one of the Fathers of Confederation, their aim in designing the Senate was to fashion an upper house that would be "a thoroughly independent body — one that would be in the best position to canvass dispassionately the measures of this house. . ."

Mr. Brown meant the House of Commons. He continued by saying, ". . . and stand up for the public interest in opposition to hasty and partisan legislation."

That is our role. We are constitutionally mandated to be "a thoroughly independent body," independent of the other place and independent of the executive. My friend and your caucus colleague Senator Oliver succinctly and colourfully expressed it some time ago by saying that our constitutional role is to be a watchdog, not a lapdog.

I mention this today in part because I was concerned to see the Prime Minister's statement when he announced your welcome appointments that he was making the appointments "in order for the Senate to carry out legitimate government business." Honourable senators, under the Constitution, our job is "to canvass dispassionately" the measures that come before us — not to simply "carry out" the government's business.

When I was summoned to this chamber, I was never asked to pledge support for specific initiatives or general initiatives of the government that appointed me. Indeed, there have been a number of times through the years when senators, Liberal and Conservative, have disagreed with bills put forward by their own government. I am proud of this fact — proud of my own personal independence and that of this chamber as a whole. As I have said here before, if we fail to uphold the independence of this chamber from the Prime Minister and the other place; if we fail to exercise our power as the chamber of sober second thought, then our critics are proven right. Why have an upper house at all if we are no more than a rubber stamp for the government?

We are here, paid by the Canadian taxpayers, to exercise our constitutional responsibility to the best of our ability. We abdicate that responsibility — indeed, we undermine the essence of Canadian parliamentary democracy — if we say that our job here is simply to pass all government initiatives. There are ways to describe that, honourable senators, but "democratic renewal" it is not.

I must set the record straight on another comment made by the Prime Minister. He said that he was forced to make these appointments because his Senate reform agenda and his crime bills were being blocked by "some senators."

On the issue of Senate reform, the only bill that is before us, Bill S-7, is essentially a reintroduction of Bill S-4 from the previous Parliament. That bill was the subject of hearings before our Legal and Constitutional Affairs Committee, during which serious questions were raised by eminent constitutional experts as to the constitutionality of that bill. This is a serious matter, honourable senators. Canadians expect us to do our best to respect the Constitution at all times. To seek to amend the Constitution by possibly unconstitutional means would be particularly egregious.

The committee and then this chamber recommended to the government that the government refer the constitutionality of the bill to the Supreme Court of Canada before seeking third reading approval and Royal Assent. Instead of accepting that reasonable advice, the government did nothing for two years and then, this spring, introduced essentially the same bill, Bill S-7.

I think it is fair to say that we could have had a decision from the Supreme Court long before this new bill was introduced. The matter could have been resolved and the bill either proceeded with or another approach to Senate reform initiated. Senate reform — serious Senate reform — could have been very far advanced by now. To be clear, for the record, no bills have been introduced in the Senate with respect to the election or selection of senators. I am sure that is not for lack of trying on the part of our colleague Senator Brown.

With respect to the government's anti-crime agenda, in February 2008, we passed the government's much-touted omnibus Bill C-2, the Tackling Violent Crime Act. I look forward to seeing the statistics, but, so far, it is not clear to me that their major anti-crime bill has in fact reduced violent crime to any significant degree. Indeed, the government's introduction of successive pieces of legislation suggests it recognizes that its previous efforts did not meet with success. Violent crime has not yet been fully tackled.

Of the 11 justice bills before Parliament, six are still in the House of Commons and the Senate has already passed two of them. There are only three justice bills currently before the Senate, two of which have been here for a grand total of 15 sitting days and the third for 8 sitting days.

Honourable senators, there has been no delay or obstruction by this side of the chamber on these bills. I realize that some of the senators opposite are slightly sensitive on this issue. However, you can see why I am disappointed to hear the Prime Minister tell Canadians that "some senators have actively blocked our government's anti-crime agenda." Canadians expect and deserve better.

For the benefit of our new colleagues, in particular, I should point out that it was actually the Prime Minister's own government that delayed passage of Bill C-15, the proposed legislation on mandatory jail terms for drug producers. Bill C-15 was introduced in the other place on February 27, 2009. It did not pass third reading until June 8 — 102 sitting days later — although the Liberals supported its quick passage through that place. This bill was received in the chamber on June 9, but the government did not see fit to speak to it until June 16, just a few days before the summer adjournment, leaving no time for debate.

Prime Minister Harper recommended your appointment to this chamber. That is his right, and arguably his duty, however it may differ from his previous statements. He should take responsibility for his own decisions and not seek to hide behind false rationales about why he is ensuring that no vacancies remain unfilled in this chamber.

Honourable senators, I am confident that you will find your work here to be challenging, interesting, sometimes inspiring, and always with the potential to be extraordinarily satisfying. You have been afforded a unique opportunity to serve Canada. Take full advantage of it. If you do, you will find your time here to be a rich and rewarding experience, and Canada will be better off for your being here.

Welcome to the Senate of Canada.

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