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Canadian senate reform
Canadian senate reform
Canadian senate reform
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The Canadian Senate is a distinct legislative body that differs from other administrations of government. Its role of careful analysis as well as deliberation within the government is fundamental to democracy as it ensures progression of government initiatives. However, controversy of the functionality of the Senate lingers regarding its position as a “sober second thought” representing the general Canadian population in government action (Mintz, Close, & Croci, 2013; Canadian Bar Association, 2012; Brooks & Menard, 2013). Concern has also ensued on whether or not specific reform ideas and other bills considering such reform are constitutional (Canadian Bar Association, 2012; Brooks & Menard, 2013). It is clear that scrutiny of the Senate is …show more content…
To elaborate, the Canadian Senate has evolved from having a mere 72 seats to now having 105 seats, encapsulating the equal representation. 24 Senators are appointed from the Maritimes, Ontario, Quebec and the Prairie Provinces, while 6 are chosen from Newfoundland and Labrador, and 1 Senator from each territory make up the Senate. (Brooks & Menard, 2013; Docherty, 2002; Mintz, Close, & Croci, 2013). While this may not seem democratic, it has been found that the Senate is more representative than the elected House of Commons (Lawlor & Crandall, 2013). If there were elected Senators, they would analyze legislation on behalf of the constituents they represent, rather than looking at the legislation with government influence (Brooks & Menard, 2013). An elected Senate would drive it further to abolition. The Senate should also not be abolished as it does provide a second opinion on issues, or legislation sent through the House of Commons. Although they serve as a ‘review’ group, it is uncommon for Senators to be discordant regarding proposed legislation (Cornell, 2014; Lawlor & Crandall, 2013). In addition, Senate committees are tasked with reviewing the legislation which needs to be passed, while also providing reports in areas like business and social investigation (Lawlor & Crandall, 2013). Next, the Senate should not be abolished considering deliberations about abolishing the Senate cannot be agreed on. To explain, Carver (2013) outlines the perspectives of the Prairie Provinces regarding the abolishment of the Senate by a vote under the ‘7 + 50 rule,’ while the remaining seven provinces believe that the vote should be unanimous. If the abolition process can not be agreed on, the Senate should not be
...e observed now as easily as it might be in it's final form. The prevailing notion is that through judicial interpretation or legislative act it should be more onerous to affect legislative override, not to the level of constitutional amendment of the rights in question, but perhaps a moderated super majority . The dialogue created by judicial-legislative interplay is truly indispensable to the democratic process, however the possibility exists that the dialogue could be circumvented and replaced with a legislative diatribe. As equally unappealing is the judicial monologue, the disdain for which increasingly dominates legislative analysis in the United States. The override provision effectively eliminates such concerns in Canada. The inevitable democratization of our override provision will in time perfect the dichotomy so vital to legislative-judicial conciliation.
A more sudden, but perhaps equally profound event is the adoption in 1982 of the Canadian Charter of Rights and Freedoms. Whereas before the adoption of the Charter Canadian legislatures were supreme, having power without limit within their jurisdictions, they now have debatable supremacy within altered jurisdictions. Moreover, although no powers or rights have been explicitly ‘reserved’ to the people, supporters of the charter nevertheless appear to give Canadians hope that the possibility may exist.
However, there are inherent problems with this type of senate reform, where it asks both federal government and certain provinces to lessen their power so that all provinces have an equal platform to broadcast their issues and regional interests. The idea that these two conflicting governments are involved in the national legislation process would form problems, and even this idea of change would change the normal practices of parliament. This idea a triple E Senate calls for constitutional changes, which are difficult to do, and why so far the Prime Minister has only made informal changes since they would need a 7/10 provincial approval with at least 50 percent of the Canadian population on top of the approval of both parts of parliament. It calls for a complete overhaul of the current senate, to become better suitable for regional representation of the Canadian population (gibbins
This paper has argued that the Supreme Court of Canada has adopted a quasi-legislative role in their decision making as a result of the Charter or Rights and Freedoms, 1982.The broad and liberal interpretation of charter language, for better or worse has and will continue to influence Canadian politics and the formulation and adoption of public policy.
Prime Minister Stephen Harper is attempting to further decentralize Canadian government with, what he calls, open federalism. This essay will begin with a discourse on the evolution of Canadian federalism, then exclusively compare Harper’s approach to the proceeding Liberal governments approach, and ultimately explain why Stephen Harper’s “open federalism” methodology is the most controversial form of Canadian federalism yet.
Senate reform in Canada has been a popular topic for decades but has yet to be accomplished. Since the Senates formation in 1867 there has been numerous people who call for its reform or abolishment due to the fact it has not changed since its implementation and does not appear to be fulfilling its original role. An impediment to this request is that a constitutional amendment is needed to change the structure of the Senate, which is not an easy feat. Senate reform ideas have developed from other upper houses in counties such as the United States of America and the Federal Republic of Germany. From those two different successful governments emerges examples of different electoral systems, state representation, and methods of passing legislations.
However, the proposed systems must be thoroughly examined for their compatibility with Canada’s needs and their ability to resolve the issues outlined in this paper. From distortion in representation to Western alienation and to making the voices of minorities heard, the new system must also ensure that Parliament fulfills its role in representing, legislating, and holding the government. More importantly, after the current government abandoned its promise on electoral reform, it is important for researchers and future governments to build on the knowledge acquired by the Special Committee on Electoral Reform as well as previous experiences of the provinces with electoral
Democracy is more than merely a system of government. It is a culture – one that promises equal rights and opportunity to all members of society. Democracy can also be viewed as balancing the self-interests of one with the common good of the entire nation. In order to ensure our democratic rights are maintained and this lofty balance remains in tact, measures have been taken to protect the system we pride ourselves upon. There are two sections of the Canadian Charter of Rights and Freedoms that were implemented to do just this. Firstly, Section 1, also known as the “reasonable limits clause,” ensures that a citizen cannot legally infringe on another’s democratic rights as given by the Charter. Additionally, Section 33, commonly referred to as the “notwithstanding clause,” gives the government the power to protect our democracy in case a law were to pass that does not violate our Charter rights, but would be undesirable. Professor Kent Roach has written extensively about these sections in his defence of judicial review, and concluded that these sections are conducive to dialogue between the judiciary and the legislature. Furthermore, he established that they encourage democracy. I believe that Professor Roach is correct on both accounts, and in this essay I will outline how sections 1 and 33 do in fact make the Canadian Charter more democratic. After giving a brief summary of judicial review according to Roach, I will delve into the reasonable limits clause and how it is necessary that we place limitations on Charter rights. Following this, I will explain the view Professor Roach and I share on the notwithstanding clause and how it is a vital component of the Charter. To conclude this essay, I will discuss the price at which democr...
In average, the most Senators work around 72 days per year. This is considered that they works barely three months every year and earn higher amount of salary compared to normal worker who devoted to his work every day. In fact, 14 Senators missed more than quarter of their work days last year. It is revealed that those appointed Senators do not represent the interests or values of Canadians but abuse their privileges. Instead of supporting, they also blocked bills democratically on intention. For example, in 2010, Stephen Harper asked Senators to veto the bill about climate change legislation that was passed by the House of Commons. Senators also have the authority to indirectly veto a bill on intention. Clearly, Senators do not work on the job that they are commanded to
Different states have various ways of ruling and governing their political community. The way states rule reflects upon the political community and the extent of positive and negative liberty available to their citizens. Canada has come a long way to establishing successful rights and freedoms and is able to do so due to the consideration of the people. These rights and freedoms are illustrated through negative and positive liberties; negative liberty is “freedom from” and positive liberty is “freedom to”. A democracy, which is the style of governing utilized by Canada is one that is governed more so by the citizens and a state is a political community that is self-governing which establishes rules that are binding. The ‘Canadian Charter of Rights and Freedoms’ allow Canada’s population to live a free and secure life. This is demonstrated through the fundamental freedoms, which permit the people to freely express themselves and believe in what they choose. Canadians also have democratic rights authorizing society to have the right to democracy and vote for the members of the House of Commons, considering the fact that the House of Commons establishes the laws which ultimately influence their lifestyle. The tools that are used to function a democratic society such as this are, mobility, legal and equality rights, which are what give Canadians the luxury of living life secured with freedom and unity. Furthermore it is safe to argue that ‘The Canadian Charter of Rights and Freedoms’, proves the exceeding level of efficiency that is provided for Canadians in comparison to other countries where major freedoms are stripped from their political community.
Proportional representation is almost always acknowledged as the fairest electoral system. With this in mind, many still reject a mixed member proportional system. Critics argue that the current method has produced a stable and effective government, while MMP would create an ineffective government. Wiseman feels that since Canada has been consistently stable, our electoral system does not need to be changed. Hiemstra and Jansen disagree with the plurality system that is currently in place for it does not produce fair representation and devalues citizen’s votes. Canadians must make a choice between the value of effectiveness and the values of justice and equity. Although a switch is not anticipated in the near future, Canadian citizens can hope that it is at least in the minds of many voters and on the discussion list of the government.
Stilborn, Jack. Senate Reform: Issues and Recent Developments. Ottawa: Parliamentary Information and Research Service, 2008.
Democracy is defined as government by the people; a form of government in which the supreme power is vested in the people and exercised directly by them or by their elected agents under a free electoral system (Democracy, n.d.). Canadians generally pride themselves in being able to call this democratic nation home, however is our electoral system reflective of this belief? Canada is a constitutional monarchy with a parliamentary democracy that has been adopted from the British system. Few amendments have been made since its creation, which has left our modern nation with an archaic system that fails to represent the opinions of citizens. Canada’s current “first-past-the-post” (FPTP) system continues to elect “false majorities” which are not representative of the actual percentage of votes cast. Upon closer examination of the current system, it appears that there are a number of discrepancies between our electoral system and the Canadian Charter of Rights and Freedoms. Other nations provide Canada with excellent examples of electoral systems that more accurately represent the opinions of voters, such as proportional representation. This is a system of voting that allocates seats to a political party based on the percentage of votes cast for that party nationwide. Canada’s current system of voting is undemocratic because it fails to accurately translate the percentage of votes cast to the number of seats won by each party, therefore we should adopt a mixed member proportional representation system to ensure our elections remain democratic.
The Canadian Charter of Rights and Freedoms was enacted under the Pierre Trudeau government on April 17, 1982. According to Phillip Bryden, “With the entrenchment of the Charter into the Canadian Constitution, Canadians were not only given an explicit definition of their rights, but the courts were empowered to rule on the constitutionality of government legislation” (101). Prior to 1982, Canada’s central constitutional document was the British North America Act of 1867. According to Kallen, “The BNA Act (the Constitution Act, 1867) makes no explicit reference to human rights” (240). The adoption of the Charter of Rights and Freedoms significantly transformed the operation of Canada’s political system. Presently, Canadians define their needs and complaints in human rights terms. Bryden states, “More and more, interest groups and minorities are turning to the courts, rather than the usual political processes, to make their grievances heard” (101). Since it’s inception in 1982 the Charter has become a very debatable issue. A strong support for the Charter remains, but there also has been much criticism toward the Charter. Academic critics of the Charter such as Robert Martin believe that the Charter is doing more harm than good, and is essentially antidemocratic and UN-Canadian. I believe that Parliament’s involvement in implementing the Charter is antidemocratic, although, the Charter itself represents a democratic document. Parliament’s involvement in implementing the Charter is antidemocratic because the power of the executive is enhanced at the expense of Parliament, and the power of the judiciary is enhanced at the expense of elected officials, although, the notwithstanding clause continues to provide Parliament with a check on...
Canada’s parliamentary system is designed to preclude the formation of absolute power. Critics and followers of Canadian politics argue that the Prime Minister of Canada stands alone from the rest of the government. The powers vested in the prime minister, along with the persistent media attention given to the position, reinforce the Prime Minister of Canada’s superior role both in the House of Commons and in the public. The result has led to concerns regarding the power of the prime minister. Hugh Mellon argues that the prime minister of Canada is indeed too powerful. Mellon refers to the prime minister’s control over Canada a prime-ministerial government, where the prime minister encounters few constraints on the usage of his powers. Contrary to Mellon’s view, Paul Barker disagrees with the idea of a prime-ministerial government in Canada. Both perspectives bring up solid points, but the idea of a prime-ministerial government leading to too much power in the hands of the prime minister is an exaggeration. Canada is a country that is too large and complex to be dominated by a single individual. The reality is, the Prime Minister of Canada has limitations from several venues. The Canadian Prime Minister is restricted internally by his other ministers, externally by the other levels of government, the media and globalization.