Election 2015

t has taken almost 150 years, but Canadians may be close to
a reform of the Senate.

Canada has been largely devoid of Constitutional
conversations ever since the Quebec Referendum of
1995. This collective censorship has allowed Canadians
to bury our pressing democratic problems deep
underneath the surface. However, much like how an
earthquake is caused by the release of built-up pressure,
the Conservative Party’s senate scandal has brought

the issue of the Senate back to the public spotlight.

While the purpose of the House of Commons is to represent
Canadians in Parliament by population (each Member of
Parliament represents anywhere from 63,000 to 120,000
Canadians), the Senate represents Canada by its various
regions. Western Canada is represented by 24 senators,
Ontario receives 24, Quebec receives 24, and the Maritimes
receive 24. Newfoundland and Labrador, as the most recent
province to join confederation, receives 6 seats in the Senate,
while each of the territories receive 1. This distribution

of seats is intended to balance the population difference
throughout Canada. Without the Senate, Ontario and Quebec
would receive a disproportionate voice in parliament.

Senators provide Parliament with “Sober Second Thought.”
Since Senators are appointed for life rather than elected,
they do not need to worry about re-election concerns that
sometimes plague Members of Parliament. Therefore, if

a government is passing a popular but unconstitutional

bill, the senate has the ability to return the legislation to
the House of Commons without fear of consequence in
the Senator’s home constituency. This role is ideologically
meant to balance what may be popular with what is right

for Canada. Unfortunately, in recent years, the
image of the Senate has fallen significantly.

When it emerged that Conservative Senator Mike Duffy
had been filing inappropriate expense claims for his
residence in Prince Edward Island, and that the Prime
Minister’s Office had paid off the invalid expense claims,
Canadians received real insight into the partisan and
entitled nature of the Senate. After 20 years of quiet
complacency, Canadians are finally demanding reform.

The Conservatives and NDP have both promised radical
reformation to the Senate. The Conservatives have
traditionally argued in favour of either an elected Senate,
or an abolished Senate. However, Prime Minister Stephen
Harper’s recent solution has been to cease electing Senators
until the Premiers can reach a consensus on how to reform
the senate. This action, according to a Maclean’s article
published July 24, 2015, is currently depriving the provinces
of their constitutionally guaranteed representation

in parliament. “Proven Leadership,” Mr. Harper?

On the other side of the aisle, Mr. Mulcair has vowed
that an NDP government would completely abolish
the Senate. Throughout the election, they have
started petitions in which Canadians can sign to

ctvnews.ca

support abolition. However, signed petitions do not
have the legitimacy to change the constitution.

Both the Conservatives and the NDP have been vocal in

their push for reform, but neither have indicated how they
would go about implementing reform in a constitutionally
legitimate manner. The Senate is entrenched into the
Constitution Act, 1867. It’s not enough for political parties

to just ignore the Senate and hope the problem takes care of
itself, or wish it away. Senate Reform requires the enactment
of the Amending Formula in order to change the Constitution.

The only party to make any change to the senate has

been the Liberal Party, who expelled every senator from
the Liberal Caucus in January of 2014. The “Ex-Liberal”
senators still consider themselves to be Liberals, and many
Canadians view this as a token change. Nonetheless, it’s still
the most substantive reform to be made concerning the
Senate. If Canadians are going to demand Senate reform,
then they need to demand constitutional Senate reforms.
It’s not enough that parties support senate reform, they
must be expected to outline how they will reform the
Senate. They must be expected to propose an institutional
alternative that promotes regional representation in
Parliament. They must be expected to propose a plausible
plan that would successfully pass the Amending Formula.

Otherwise, Canadians may have to wait another
150 years before the Senate is reformed.