Why Was A Reformed Senate?

In his article Marsh (2010) suggests that the Australian political system could benefit from new infrastructure by replacing senate with committees of

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.

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).

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

David C. Docherty’s scholarly journal responds to the continual controversy and debate of the usefulness of the Canadian senate in 2002. Docherty’s article does an amazing job at analyzing the current Canadian senate and argues that the senate is a failing Canadian institution because of two democratic deficiencies: the undemocratic nature of senator selection and the inability of senators to represent provinces properly (45). These two features of why the senate is a failing Canadian institution can be compared to how Rand Dyck defines democracy in Canadian Politics: Critical Approaches. Docherty looks at several previous senate reforms and answers the question of why these senate reforms failed, in doing so Docherty lays down a framework for a possible successful senate reform but acknowledges the obstacles. Docherty does a very good job at accessing the problem of the senate, accessing the problem of previous reforms, and suggesting a plausible type of reform for the senate. This provides the reader with the knowledge of why the Canadian senate is a failing institution but also the possible solutions of how the senate can be reformed in order to maximize its democratic potential. Although, Docherty fails to provide an exact reform that needs to be taken, he just draws upon other failures and hypothesis that this may be the right solution for reform. Rand Dyck’s chapter 11 fills in the missing gap of reform that needs to be taken by drawing upon one of the best attempts at

Opposing the belief that a dominating leader is running Canada, Barker brings up several key realities of the Canadian government. He gives examples of several “… instances of other ministers taking action that reveal the limits prime-ministerial power,” (Barker 178). Barker conveys the fact that Canada is not bound by a dictatorial government, “…it seems that the prime minister cannot really control his individual ministers. At times, they will pursue agendas that are inconsistent with the prime minister’s actions,” (Barker 181). Both inside and outside government are a part of Canada and they can remind the prime minister that “…politics is a game of survival for all players,” (Barker 188). Barker refutes the misinterpretation of the Canadian government by acknowledging that a prime-ministerial government existing in Canada is an overstatement.

In theory, the Parliament is the most important institution in the Canadian government and all members of the parliament are equal. The Prime Minister is supposed to be primus inter pares, meaning first among equals. But over the years, the cabinet has become more institutionalized and less departmentalized. Hence the Prime Minister’s power has increased over the years. Canada is the one of the most decentralized federations in the

While it remains to be seen if Canada’s election system will receive an overhaul, proportional representation could be the future system Canada uses to elect our government. First-past-the-post and Proportional representation are two very different systems; electoral reform that adopts proportional representation would

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.