The Congress Should Undergo A Reform

The central provinces of Canada, Ontario and Quebec, are represented by 60% of the seats in the House of Commons and just under half the seats in the Senate. It is quite clear that the insufficiency of regional representation is such a controversial matter. An unelected Senate that no longer fulfils its mandate, and a House of Commons strongly influenced by provinces in ratio to their population, the validity of Parliament has become a great political concern and is a primary contributor to Canada’s existing regional tensions (Stilborn, 8).

The Senate plays a key role in tandem with the House of Commons, in the operation of Canada’s government, some people think that the Senate should be abolished; however without the Senate, “The right to bear arms” could become true for Canada. The Senate should be reformed; abolishing or keeping the Senate at its current state would be unjust. The current Senate is not elected, effective, nor equal.

The entrenchment of rights in the Canadian Constitution comes after long experience with a system of parliamentary supremacy. The American judicial tradition of treating the written constitution as fundamental law cannot have an instant Canadian counterpart. Thus, it does not follow that the Canadian courts will necessarily claim a role comparable to that of courts in the United States, nor is it clear that the representative bodies in Canada would tolerate such a judicial assertion of power. Opposition by government bodies to the Charter have already occurred in Canada, where the Parti Quebecois government of Quebec invoked the “notwithstanding the Canadian Charter of Rights and Freedoms” clause for the purpose of protecting their language laws from attack under the charter. This report will attempt to note some of the common and distinctive features of the text of the two constitutions as well as to how they differ.

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.

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.

Canada’s friendly neighbor to the South, the US, has an electoral system that is composed of 3 separate elections, one of them deciding the head of state. The president elected by the people and he or she is the determining person of the country’s political system. In the US runs like a majority system” In Canada, however, elections are held slightly differently. Citizens vote for a Member of Parliament in a 308-seat house and candidates win not by a majority, unlike in the US, but by a plurality. This means that a candidate can actually win by simply having more votes than the other candidates. This method of representative democracy, in general, does not cause too much controversy in a global scope but has

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

branches of government. These are just a few of the duties of our U.S. Congress.

Professor F.A. Kunz described his three personal reasons for the Senates existence: The committees' job is to give "a skilled and leisurely consideration to the technical provisions of a bill to scrutinize public accounts and departmental estimates; and to inquire.” However, Kunz’s first requirement of the senate is no longer relevant, as legislative drafting skills have dramatically improved since he wrote this in 1965. Additionally, Kudz’s second point is that the senate must scrutinize public accounts and departmental estimates, however the senate, and the entire parliament as a whole is not doing an adequate job in regards to this. The parliament has been becoming increasingly unaware of government spending, and has now become a “ceremonial

“The government should not be guided by temporary excitement, but by sober second thought,” stated Martin Van Buren in 1838. In Canada’s government today, this “sober second thought” is provided by the upper house of Parliament, the Senate. This legislative Chamber, created under the Constitution Act of 1867, has, for the most part, met its purpose of considering and revising legislation, investigating national issues, and giving the regions of Canada an equal voice in Parliament; however, due to poor judgment in appointment and a resulting lack of qualification in members, the Senate has also been deemed scandalous and undemocratic. The Senate bears much value as it is crucial to a perceptive government; however, it also bears the need for

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

Since its inception in 1982 the Canadian Charter of Rights and Freedoms, very much like its primary architect Pierre Trudeau, has been one of the most celebrated yet controversial elements of Canadian politics and governance. Revealing how this dynamic emerged requires a nuanced understanding of the motivation behind the Charter and the techniques it employed to succeed. The Canadian Charter of Rights and Freedoms, like the entire patriation process, was motivated by and mobilized support through, constitutionally enshrining democratic core values, multiculturalism and a sense of nationalism. However, it should not be seen as merely a symbolic gesture on the part of Britain and Canada or merely a strengthening of core values. Instead it was a fundamental reinvention of Canadian federalism that shifted power away from the provinces to the federal government and from the Parliament to the courts. This was accomplished by incentivizing provincial acceptance, developing common interests, and, as a result, formalizing a national identity where the protection and expansion of core values was encouraged as fundamental. This dynamic allowed the reinvention to, by and large, succeed.

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.