This Friday we finally got the long awaited ruling from the SCC in regard to the Government’s Reference on how to Reform or Abolish the Senate.
And you know what?
The Court got it right …they stuck more or less to interpreting the law rather than making it.
As you know, I have been highly critical of the way in which matters of social importance have been handled by our courts rather than where they should be dealt with - in our Parliaments.
But in the Reference at hand the top court did what it should do – it looked at the state of the law – i.e. our Constitution and concluded rightly that in our Federation, the Provinces must be involved in the process.
As a Rule of Thumb, you can usually tell when the Courts exceed their jurisdiction in this important area; its when they rule that something can be done – i.e. gay marriage. And conversely, you can usually tell when they act within their jurisdiction, it happens when they say something cannot be done – as in the Reference Case.
In the first instance they are making new law and in the latter instance they are interpreting the law which as I have said on many occasions is their prime function.
But with its decision we are left with an anachronism – an appointed Senate belonging to the 19th Century and not now.
I have made my views abundantly known as to what I think needs to be done with the Senate – Abolishment. And the Court has stated that such an action would require unanimous approval of all 10 provinces.
Hard to accomplish but not impossible:
If I was Harper I would go to each Premier behind closed doors and first say to the Have-Not ones – if you want your federal transfer payments to continue – climb on board. To the few Have Provinces I would find a way to bribe them in some other fashion – but would not find any, in that small group, intransigent.
The same process could be used if Harper wanted to Reform the Senate (i.e .have it made elected) and the hurdle is less onerous - 7 provinces with 50% of the population.
But I would not recommend the Reform route; the last thing Canada needs is a second chamber with a mandate. It would merely result in gridlock ala the USA. Plus under our Constitution the Provinces have their own rights and responsibilities so they do not need any special protection at the federal level.
What we do desperately need though is a functioning House of Commons. Right now they are but trained seals of the Prime Minister’s Office. They need to have Committees with teeth and ample research capacity. MPs need to be able to represent their constituents as much as their party.
Money saved on dissolving a useless Senate could be used to jump start the Reform of the House.
If though we continue to go on as we are, nothing of substance will be done to correct the democratic deficit which is afflicting our system of government.
As I see it …
‘K.D. Galagher’
