Published by Clay Whitman, a lawyer in Vancouver, Canada.
The Senate
The Senate is the upper house of the Canadian Parliament, normally composed of 105 senators appointed by the Governor General on the advice of the Prime Minister, based on a regional formula. Although the Senate is usually considered the chamber of "sober, second thought," it has the same powers as the House of Commons except that it cannot introduce legislation related to the raising or spending of money.
Latest Post
Is Bill S-8 (An Act Respecting the Election of Senators) Constitutional?
30 April 2010
William Thorsell has an essay in the Globe and Mail arguing against Bill S-8, which would require the Prime Minister to consider nominating Senate appointees who have been elected in their province or territory.
In his essay, Mr. Thorsell argues that the bill is an attempt to circumvent the Constitution in the service of a radical change to the distribution, structure and dynamics of political power.
Putting on his legal hat, he presumes that the Bill should be widely dissed and dismissed by the legal community as unconstitutional. The fact that this hasn't happened leads him to conclude that this is "akin to complacent complicity" on behalf of lawyers.
As a member of the legal community, I can say that the reason I have not been "dissing and dismissing" this Bill is because I think it is unquestionably constitutional. The bill does nothing to alter the powers of the provinces, the federal government, the Prime Minister, or the Governor General. Whether or not Senators feel empowered is not a constitutional question.
Mr. Thorsell may not like Bill S-8 because he fears an "Americanized" Senate. Whether or not Bill S-8 is a legitimate question. However, opponents of bill S-8 should not rely on the judiciary to prevent this type of reform, as it is highly unlikely that a Court would rule that the Bill is unconstitutional.
Recent Posts
Bill S-8: An Act Respecting the Election of Senators - 28 April 2010
Bill C-10 - An Act to amend the Constitution Act, 1867 (Senate term limits) - 30 March 2010
UK Labour Party To Promise to Reform House of Lords - 14 March 2010
Democratic Reform part of Federal Throne Speech - 4 March 2010
Harris-Decima Poll: Majority of Canadians Prefer Senate Reform to Senate Abolition - 8 February 2010
Senate Reform to be on Parliamentary Agenda in 2010 - 7 January 2010