Senate Reform Case Study

If the Senate is kept at its current state, it will continue to operate fine, however the Senate can be much more effective at what it does if it gets amended. Currently the Senate is not elected, equal, nor efficient. People who comprise the Senate are selected by the governor general on the advice of the Prime Minister, so those selected most likely will act in good intention towards the Prime Minister. The Senate, unlike the House was designed to represent Canada’s regions, however it over-represents some provinces at the expense of others. For example currently, Quebec and Ontario each have 24 seats, the same amount of seats as the four Western provinces as a whole. Atlantic Canada, with a mere 7% of the population, holds a unproportional 29% of the seats. Canadians deserve laws that are fair and free of errors, and the Senate contributes to that. The Senate’s job is to foster national unity, however currently they act in the interest of themselves and the Prime Minister rather than in the interest of the people.

In contrast to the Canadian parliamentary system, which has remained fairly static and unchanged since Victorian times, the Canadian legal system has undergone a tremendous evolution over the last century and a half. When looking at Canadian history in depth one discovers the repeated movement to take power from the superiors or the overruling and place it into the palms of the people. As seen through examples our western law (canadian law) has slowly branched off from the supremacy of God (mosaic law), to the supremacy of the monarchy (bristish law), finally to a realization of the importance of citizen participation in the creating, governing, and administrating of the laws (Greek law).

The Special Joint Committee of the House of Commons and the Senate was implemented in 1980 in the wake of the Quebec referendum on independence. The goal of the committee was to hear submissions from the public on amendments to the Constitution. In a three-month consultation period, 914 individuals and groups submitted briefs before the committee (Clément, 2015). Hoping to have a direct impact on the Canadian constitution and the Charter of Rights and Freedoms, five organizations

As time goes on, some countries become more relevant in the global sphere while others start to fade away. Canada is a country that only becomes more relevant as time goes on. Since being granted full sovereignty, Canada has had a growing role as a major world player. Much of their international growth has to do with its close ties to the United States and the United Kingdom. However, the country has also undergone huge change and refocusing on a domestic level. With influence from both Europe and the United States, Canada has a very unique system of governing. This paper will focus on a few major areas of Canada. It will look into the history of Canada, the structure of its government, its politics, and many of the major issues it faces today.

The electoral system in Canada is also known as a “first past the post” system. “First past the post” means the candidate with the highest number of votes wins the congressional seat, whereas the other candidates with a lower number of votes don’t get any representation. There are many cons to this system that will be highlighted throughout this essay. I will argue that the electoral system requires reform due to the discrepancies between the percentage of popular votes and the number of seats won. Canada’s electoral system has many problems and is not seen as fully democratic since it has provided poor representation for both candidates that win and lose. Candidates can win seats with less than 50% of votes, meaning that even if the majority of the nation, or province did not vote for the candidate they still win the election as they consume the highest number of votes among the parties. FPTP allows two people in different ridings to get the same number of votes with the outcome of one winner since the distribution of votes and seats are unequal. The system can also encourage strategic voting such as not voting for whom you think is the best fit but voting for the candidate that seems most likely to win in order to beat candidate you dislike. FPTP leads to an imbalance of power and has the potential for corruption.

As Pierre Elliot Trudeau strived to patriate the Constitution, the opposition was a huge threat. “The Statute of Westminster (1931) and the Second World War (1939-1945) secured Canada 's independence. However, Canada continued to retain its links to Great Britain, since its Constitution could only be modified by the British Parliament” (Roch). Trudeau wanted to put an end to British control by modifying the Constitution. In the last few weeks of the 1979 election campaign, Trudeau was struggling and decided it was time to present his plan. As he put it in a Toronto speech, “a Constitution made in Canada, by Canadians, for Canadians” (Lewis 16). The idea was not popular among Canadians and Conservative leader Joe Clark became the youngest Prime Minister in Canadian history. This did not last very long though as a vote of non-confidence occurred after the government proposed tax increases. “As a result of his government 's defeat, Clark called a general election for Feb. 18, 1980. Trudeau led the Liberals in the campaign. He climaxed an

Many modern democracies have a bicameral legislature which is a body of government that consist of two legislative chambers. The bicameral legislature provides representation for both, the citizens of the country and the state legislature on a federal level. The Canadian parliament has two chambers, the lower chamber which is an elected House of Commons and the upper chamber which is the non-elected Senate. The Canadian Senate is assumed to be a “sober second thought” [3] on government legislation which is a phrase that describes the Senate’s role in promoting and defending regional interest. There has been an immense amount of the public outcry regarding the Senate after spending scandal that occurred during the recent election period. A question that has induced discussion in parliament is whether the Canadian Senate should be reformed or not? This issue divides the population in half because of differing views. Some political parties want the abolition of the Senate to occur while other parties would like to have an elected Senate because provinces are not represented equally. A method of deciding the faith of the current Senate, the functions of the Senate and objectives of Senate reform should be defined. The assumptions about the purpose of the Senate, problems of the current Senate, the goal of Senate reform and the method of achieving the reform may help provide a consensus on how the Senate should be reformed.

The Judicial Committee of the Privy Council has made some controversial decisions in key cases in Canada’s past. When looking at the Canadian Founders intent for Canadian Federalism, many scholars argue that the Judicial Committee of the Privy Council has done a bad job following the founders’ intentions and intentionally decentralized Canada. The Judicial Committee of the Privy Council did fail in keeping in line with what the founders intended for Canada and may have even intentionally set out to decentralize the Canadian government, but this does not mean it had a negative impact on Canada. There are a number of cases that were seen by the JCPC that played a vital role in the decentralization of the Canadian government, yet

The issue of electoral reform has become more important than ever in Canada in recent years as the general public has come to realize that our current first-past-the-post, winner-take-all system, formally known as single-member plurality (SMP) has produced majority governments of questionable legitimacy. Of the major democracies in the world, Canada, the United States, and the United Kingdom are the only countries that still have SMP systems in place. Interestingly enough, there has been enormous political tension and division in the last few years in these countries, culminating with the election results in Canada and the USA this year that polarized both countries. In the last year we have seen

Now known as the Constitution Act, the BNA is commonly referred to as ‘Canada’s greatest strength and challenge’; it formed a lasting federation that grew into a peaceful, flourishing and well governed state, while challenging governments to refine its ‘amending formula’ and spread of authority to meet the needs of its occupants. Federal and provincial governments both reached a compromise at which point provinces, supported by federal grants,

Today, Ontario and Quebec have maintained their 24 member senatorial status. The four Western provinces have 6 members each. Nova Scotia and New Brunswick both have 10 seats. Prince Edward Island was given 4 out of the original 24 Maritime senators. Together, Newfoundland and Labrador have a total of 6 members. Finally, Nunavut, the Yukon and the Northwest Territories stand in the equation with 1 senator apiece. Along with the Senate`s original intentions, the principle of equality between the provinces is evidently lost. The Senate primarily fails because it was formerly created to balance out the representation by population which lies in the House of Commons however currently only seems to reinforce it. In fact, Canada’s central provinces, Ontario and Quebec, account for 60 percent of the seats in the House of Commons and almost half of the seats in the Senate at 46 percent.5 The inadequacy of regional representation is emphasized as the Canada West Foundation clearly states: “Canada is the only democratic federal system in the world in which the regions with the largest populations dominate both houses of the national legislature.“6 With an unelected Senate that no longer fulfills its role of equal regional representation and a House of Commons grounded on the representation of provinces proportional to their population, the legitimacy of Parliament has become a

The consequences of the senate not being able to reform have been western provinces feeling like they are left out in the process of decision-making, policy making and other legislative decisions made by the federal government. “The senate was envisioned as a legislative body that would serve several functions in addition to legislation”(Lawlor, Crandol,2013). The senate is refereed as the sober second thought in terms of legislation review but the second thought is rarely concerning the western provinces. Western alienation is caused by regional misrepresentation which is mainly caused by the senate. According to Lawlor, some provincial governments have challenged the unilateral approach by the senate to restructure itself. However the Supreme Court Of Canada will consider a reference case on the constitutional status of senate reform in November 2013. This means that the senate may be reformed this year, the western provinces would prefer a senate that can represent their interests. The senate may need a reform in order to remove the discrimination of the west but in order to do this, it must reform the whole committee that the senate works with.

There is a fundamental problem with the democratic process in Canada. This problem is rooted within our electoral system. However, there is a promising solution to this issue. Canada should adopt the mixed-member proportional representation electoral system (MMP) at the federal level if we wish to see the progression of modern democracy. The failure to do so will result in a stagnant political system that is caught in the past and unable to rise to the contemporary challenges that representative democracies face. If Canada chooses to embrace the MMP electoral system it will reap the benefits of greater proportionality, prevent the centralization of power that is occurring in Parliament and among political parties through an increased

In 2011, three legal and constitutional scholars, Peter Aucoin, Mark D. Jarvis and Lori Turnbull set out to write a book detailing what they believed to be obvious and egregious errors in the way in which the current form of responsible government as it was practiced in the Canadian federal government, fell short of operating within basic democratic parameters. Canada has a system that is based one the Westminster system, in which its the Constitution act of 1867 is influenced by British principles and conventions. “Democratizing the Constitution reforming responsible government” is a book that makes an analysis for the reform of responsible government in Canada. The authors believe that from the unclear rules, pertaining to the role and power of the prime minster foresees for a failing responsible government. In this essay the functions of the government , conventions of the constitution, the a proposal for reform will be addressed.

For decades, Canadians have been defending their right to have a fair and open electoral system. Since its creation in 1867, Canada has been proud to call itself a true democratic country, but today there would be many people who disagree with this statement. The Canadian electoral system, which uses First Past The Post (FPTP), has come under scrutiny for not being as fair as it claims to be. Over the past couple of decades, many countries have switched their system to Proportional Representation (PR) or some form of it. Based on successful results in other nations, Canada’s current FPTP system should change to Mixed Member Proportional (MMP), which is a form of Proportional Representation, as it will allow for more fair elections. The intent of this paper is to outline how an electoral reform from First Past the Post to Proportional Representation or Mixed-Member Proportional, will lead to more confidence in the government, more accurate seat-vote percentage, and better overall representation of the population.