Canada is a federal, bicameral system of government. The union of the colonies in 1867 was made possible when it was agreed that there will be a second chamber to complement the House of Commons. The Senate was the key in getting the smaller colonies to join in the Canadian union, as they feared the dominance of the colony of Quebec (Upper (Ontario) and Lower ( Quebec) Canada and wanted protection. The Senate was to be based on regional representation, each with 24 senators. The Senate is an equal legislative partner to the Commons and laws can thus be passed only with the consent of the Senate. The Senate was to be " the chamber of sober second thoughts". It was/is to act as a check on the Commons, to ensure that nothing revolutionary was done. It represented age, property and conservatism. The appointments to the Senate "shall ' be made by the Governor-General on the advice of the Prime Minister. Senators must male, 30 years or older; must be above all debts and liabilities over $4,000 and own property of over $4000; must be selected from and have residence of the province ( this is where the Duffy problem arose, as he was appointed to represent Prince Edward Island but he had resided and worked in Ottawa, Ontario for more than 30 years. This was known by the Harper but he needed, the well-known TV personality, Duffy as a "pitchman and fund-raiser" for his party). It is clearly evident that the Senate was to play a very important role in the governing of Canada. Not only was it there to act as a check on the Commons, but it's consent was/is required for laws to be passed. No laws can be passed without the consent of the Senate ( that's why in 1988, the Free Trade Agreement was only passed after an election had been called and the Mulroney Conservatives won a majority and the GST became law only after Mulroney used, for the first time, a clause in the Constitution which allowed him to appoint 4 or 8 additional senators). The Senate also had/has other roles to play. Amendment of the Constitution can only be made with the consent of the Senate. It can also delay legislation for 180 days ( for "reconsideration"; the Opposition can also use the Senate to stymie a government as happened in 1988). Private bills usually start in the Senate. Commissions on a variety of issues are set up by the Senate eg. Media, Poverty, Health Care etc. It is also stated in the Constitution that no province can have less members of parliament tan it as senators ( case in point is PEI which is guaranteed 4 senators and thus cannot have less than 4 MPs. It presently as only 2 as Duffy is suspended and there is one vacancy; Manitoba is also affected).
The Senate can be abolished only with the consent of all provinces. This is highly( Quebec will not agree). Reforming the Senate would require the consent of at least 7 provinces, representing at least 50%+ of the population and this is possible. The problem is to get the provinces to agree on the type of reform and there are as many "types' as there are provinces. Some may want the Triple "E"...Elected, Equal and Effective. Some like Hall of Saskatchewan want abolition; some may want the provinces to chose them as in Germany; others may want something else ( this is after all Canada).
Over the years the Senate has lost much of its importance and usefulness and has become "the choicest plum in the patronage basket". It has become the sinecure for retired, spent defeated candidates ( Harper's first appointment was, Fortier. one such defeated candidate); for bagmen (like present House leader Housakos); and for other friends and hangers-on ( Duffy and Wallin, TV personalities; Brazeau, off-reserve 'native' leader etc. who would be useful in selling the party and raising funds. All Prime Ministers have done this. Harper is just the latest and most blatant ( perhaps his way of getting Senate abolition).
Harper's announcement of a moratorium is an attempt to confuse/deceive. He has already made 59 appointments and there are 22 vacancies. The Constitution states that senators "Shall" be appointed, not " may or may not"; " can or cannot". This latest gambit by Harper is a desperate attempt to deflect attention from Duffy et al. and the incompetence and lack of judgement of the PMO and Harper himself, not only in the appointments but in the handling of the aftermath. Of course, they would like to change and control the "issues" for the upcoming election( Oct.19, 2015). The economy is tanking. The unemployment rate is rising. The trade deficit is increasing; the dollar is at its lowest since 2004; our international reputation on Rights, climate change is damaged; economic growth is 1.5% and exports is down 4.5%.
It is written in the Talmud, that " it is the responsibility of the leader, not to tell the people what they cannot hear". In other words, do not confuse or deceive or mislead the people.
Harper should take note.
The Senate can be abolished only with the consent of all provinces. This is highly( Quebec will not agree). Reforming the Senate would require the consent of at least 7 provinces, representing at least 50%+ of the population and this is possible. The problem is to get the provinces to agree on the type of reform and there are as many "types' as there are provinces. Some may want the Triple "E"...Elected, Equal and Effective. Some like Hall of Saskatchewan want abolition; some may want the provinces to chose them as in Germany; others may want something else ( this is after all Canada).
Over the years the Senate has lost much of its importance and usefulness and has become "the choicest plum in the patronage basket". It has become the sinecure for retired, spent defeated candidates ( Harper's first appointment was, Fortier. one such defeated candidate); for bagmen (like present House leader Housakos); and for other friends and hangers-on ( Duffy and Wallin, TV personalities; Brazeau, off-reserve 'native' leader etc. who would be useful in selling the party and raising funds. All Prime Ministers have done this. Harper is just the latest and most blatant ( perhaps his way of getting Senate abolition).
Harper's announcement of a moratorium is an attempt to confuse/deceive. He has already made 59 appointments and there are 22 vacancies. The Constitution states that senators "Shall" be appointed, not " may or may not"; " can or cannot". This latest gambit by Harper is a desperate attempt to deflect attention from Duffy et al. and the incompetence and lack of judgement of the PMO and Harper himself, not only in the appointments but in the handling of the aftermath. Of course, they would like to change and control the "issues" for the upcoming election( Oct.19, 2015). The economy is tanking. The unemployment rate is rising. The trade deficit is increasing; the dollar is at its lowest since 2004; our international reputation on Rights, climate change is damaged; economic growth is 1.5% and exports is down 4.5%.
It is written in the Talmud, that " it is the responsibility of the leader, not to tell the people what they cannot hear". In other words, do not confuse or deceive or mislead the people.
Harper should take note.
