CANADIANS ARE NOT STUCK WITH SENATE STATUS QUO In its unanimous ruling on the Senate last week, the Supreme Court of Canada told Stephen Harper the obvious – he does not, in fact, have the unilateral power to change the Constitution. Over the past six years, Mr. Harper has floated several trial balloons about Senate elections and term limits. Each time, various provincial governments and a long list of legal and constitutional scholars warned him that he was off-base. Such changes were possible, they said, but not without extensive federal-provincial consultation, cooperation and agreement. So Mr. Harper went to the Supreme Court to see if he could get his way there. The Court said no. If future Senators are to be elected or if term limits are to be implemented, formal constitutional amendments would be required involving the approval of at least seven provinces with more than 50% of Canadas population. A constitutional amendment to abolish the Senate altogether would need unanimous provincial consent. But Mr. Harper doesnt believe much in cooperative federalism. He doesnt even meet with all the Premiers together in the same room – not on any topic. His style is a combination of lone-wolf and bulldozer. So not unexpectedly, he was unhappy with the Supreme Court’s ruling. The sulking started immediately. He ridiculed the courts judgment, saying Senate reform was now impossible and Canada was stuck with the unacceptable status quo. But thats not true. Mr. Harpers arbitrary approach has failed. But significant change is still very much alive – without sinking into the quagmire of constitutional amendments. Liberal Leader Justin Trudeau has shown how practical progress can be achieved. In addition to tighter rules about expenses, and greater transparency, Justin has taken concrete steps toward a truly independent Senate – one based on quality and good judgment, not patronage and partisanship. That, after all, was the original intention of Sir John A. Macdonald and the Fathers of Confederation. Justin committed himself, as a future Prime Minister, to open, transparent, non-partisan consultations in the selection process to identify the best-of-the-best from every province and region. Away from the back-rooms of the PMO, Canadians need to be able to see who is being considered for the Senate and what their qualifications are. Letting the sun shine on the process will elevate the outcomes. To make this commitment immediately tangible, Justin took the further step of removing all existing Senators from the National Liberal Caucus – to make them truly independent. They are not under the Leaders thumb. They are not subject to Party dictates. Indeed, the Liberal Partys constitution is being amended to delete all senatorial references. And weve called on Mr. Harper to do the same. Such innovation on the Senate has been widely applauded by many media commentators, by respected experts like Professor Peter Russell of the University of Toronto and Professor David Smith of the University of Saskatchewan, by well-known Senate reform advocates like the Canada-West Foundation, and in various public opinion polls. Justin Trudeau actually accomplished more practical Senate reform in one day than Stephen Harper has in his whole career. So the status quo is not inevitable. Canadians are not stuck with an unchangeable Senate. Neither are they stuck for much longer with Stephen Harper. Exciting new possibilities are on the horizon.
Posted on: Mon, 28 Apr 2014 14:08:14 +0000
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