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Should the Canadian Senate be reformed
Should the Canadian Senate be reformed
Should the Canadian Senate be reformed
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In 2012, the Canadian Senate became embroiled in a scandal that is still ongoing, and still having an effect on Canadian political life today. At times in the 20th century, there have been calls for the reform, or even the abolition of the Senate completely. The current scandal has resulted a renewal of the frequent calls for reform that have frequently accompanied the many questionable actions of Senators. The structure of the Senate, and its outdated rules of appointment and procedure are also frequently the target of reformers in Canada. It is the contention of this paper that the Canadian Senate be reformed to represent the democracy that is Canada in the 21st Century, as this body is outdated and representative of entrenched party interests, as well as of a system that dates back to the days of aristocratic and upper-class privilege.
The 2012 expenses scandal was followed closely by the Canadian public. The entire scandal has also given the impression that certain Senators had adopted a sort of “above the law” attitude, and only showed repentance when they were caught abusing their office and breaking the law. This type of crime and malfeasance is especially egregious when the people who are committing the crime are the ones charged with (at least to some extent – as will be shown later in this paper) making and upholding the law.
Let us examine the scandal as the latest example of Senate corruption and elitism. In late 2012, an investigation was opened to look into irregularities in the reporting of travel expenses by three Senators: Mike Duffy (Prince Edward Island), Mac Harb (Ontario) and Patrick Brazeau (Quebec). By February 2013, Senators, acting on the basis of preliminary information resulting form their own inve...
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...the Senate." Standings in the Senate. http://www.parl.gc.ca/SenatorsMembers/Senate/PartyStandings/ps-e.htm (accessed March 16, 2014).
"Timeline: Key dates in the evolution of the Senate expense-claim controversy." Global News. http://globalnews.ca/news/568714/a-look-at-key-dates-in-the-evolution-of-the-senate-expense-claim-controversy/ (accessed March 16, 2014).
Wayne K. Spear: Brazeau’s latest outburst shines a harsh light on the Senate." National Post Full Comment Wayne K Spear Brazeaus latest outburst shines a harsh light on theSenate Comments. http://fullcomment.nationalpost.com/2012/06/27/wayne-k-spear-brazeaus-latest-outburst-shines-a-harsh-light-on-the-senate/ (accessed March 16, 2014).
Weston, Greg. "Pamela Wallin selling Manhattan condo." CBCnews. http://www.cbc.ca/news/politics/pamela-wallin-selling-manhattan-condo-1.1704906 (accessed March 16, 2014).
William Lyon Mackenzie King, Canada’s longest serving prime minister, is known for both the great contributions he brought to Canada and for the scandals he was involved in. The one event that makes him most famous to Canadians is the King-Byng Affair of 1926. During this event, Mackenzie King asked Lord Byng to dissolve parliament in order to force a new election as he had lost with a minority. Because King’s intentions were to regain a majority government, Byng refused out of distrust for King’s plans and King was replaced in power by the Conservatives. While William Lyon Mackenzie King’s actions were in accordance with all the laws regarding his power as Prime Minister, he acted for selfish reasons thus putting him in the wrong. Mackenzie King’s and Lord Byng’s histories will be quickly analyzed to understand their actions in the affair. Right after, King’s options and reasons for dissolving parliament will be analyzed. Thirdly, Byng’s options and reasons for refusing King’s request will be researched. Once enough evidence has been collected, the end results of this affair will be discussed and the conclusion as to whether or not King was right to go against responsible government will be made.
Pierre Elliot Trudeau was arguably one of the most vivacious and charismatic Prime Ministers Canada has ever seen. He wore capes, dated celebrities and always wore a red rose boutonniere. He looked like a superhero, and often acted like one too. Some of the landmark occurrences in Canadian history all happened during the Trudeau era, such as patriating the constitution, creating the Canadian Charter of Rights and Freedoms and the 1980 Quebec Referendum. However, it is Trudeau’s 1969 “white paper” and the Calder legal challenge which many consider to be one of his most influential contributions to Canadian history.
Senate reform in Canada has been a popular topic for decades but has yet to be accomplished. Since the Senates formation in 1867 there has been numerous people who call for its reform or abolishment due to the fact it has not changed since its implementation and does not appear to be fulfilling its original role. An impediment to this request is that a constitutional amendment is needed to change the structure of the Senate, which is not an easy feat. Senate reform ideas have developed from other upper houses in counties such as the United States of America and the Federal Republic of Germany. From those two different successful governments emerges examples of different electoral systems, state representation, and methods of passing legislations.
of the Senate while others such as the Reform Party want to elect it. Since the
Democracy is more than merely a system of government. It is a culture – one that promises equal rights and opportunity to all members of society. Democracy can also be viewed as balancing the self-interests of one with the common good of the entire nation. In order to ensure our democratic rights are maintained and this lofty balance remains in tact, measures have been taken to protect the system we pride ourselves upon. There are two sections of the Canadian Charter of Rights and Freedoms that were implemented to do just this. Firstly, Section 1, also known as the “reasonable limits clause,” ensures that a citizen cannot legally infringe on another’s democratic rights as given by the Charter. Additionally, Section 33, commonly referred to as the “notwithstanding clause,” gives the government the power to protect our democracy in case a law were to pass that does not violate our Charter rights, but would be undesirable. Professor Kent Roach has written extensively about these sections in his defence of judicial review, and concluded that these sections are conducive to dialogue between the judiciary and the legislature. Furthermore, he established that they encourage democracy. I believe that Professor Roach is correct on both accounts, and in this essay I will outline how sections 1 and 33 do in fact make the Canadian Charter more democratic. After giving a brief summary of judicial review according to Roach, I will delve into the reasonable limits clause and how it is necessary that we place limitations on Charter rights. Following this, I will explain the view Professor Roach and I share on the notwithstanding clause and how it is a vital component of the Charter. To conclude this essay, I will discuss the price at which democr...
U.S. Congressional Record - Senate. Congressional Record, V. 153, PT. 2. Political Proceedings & Debates, Washington: United States Government Printing Office, 2007.
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 unprecedented progress towards electoral reform, with PEI establishing an electoral reform commissioner and New Brunswick appointing a nine-member Commission on Legislative Democracy in December 2003 to the groundbreaking decision by the British Columbia Citizen’s Assembly on October 24, 2004 that the province will have a referendum on May 17, 2005 to decide whether or not they will switch to a system of proportional representation. This kind of reform is only expected to continue, as Ontario Premier Dalton McGuinty decided to take BC’s lead and form an independent Citizen’s Assembly with the power to determine whether or not Ontario will have a referendum regarding a change to a more proportional system. There is still much work to do however, and we will examine the inherent problems with Canada’s first-past-the-post system and why we should move into the 21st century and switch to a form of proportional representation.
The Keating Five scandal was one of the most embarrassing moments for the United States Senate. In this event, five senators accepted over one point three million dollars toward their campaigns. In return for Charles Keating’s support, senators John McCain(only republican), Dennis DeConcini, John Glenn, Donald Riegle and Alan Cranston were obligated to keep Keating safe from the Federal Home Loan Bank Board’ regulators. These senators tried to, “blind” the eyes of the regulators,and erase the topic of Keaton’s company(Lincoln Savings and Loan Association). After being investigated, the senator's actions were publicly released, causing them, and Mr. Keating, a loss in popularity. Only two of the five senators ever
Stilborn, Jack. Senate Reform: Issues and Recent Developments. Ottawa: Parliamentary Information and Research Service, 2008.
The Canadian Charter of Rights and Freedoms was enacted under the Pierre Trudeau government on April 17, 1982. According to Phillip Bryden, “With the entrenchment of the Charter into the Canadian Constitution, Canadians were not only given an explicit definition of their rights, but the courts were empowered to rule on the constitutionality of government legislation” (101). Prior to 1982, Canada’s central constitutional document was the British North America Act of 1867. According to Kallen, “The BNA Act (the Constitution Act, 1867) makes no explicit reference to human rights” (240). The adoption of the Charter of Rights and Freedoms significantly transformed the operation of Canada’s political system. Presently, Canadians define their needs and complaints in human rights terms. Bryden states, “More and more, interest groups and minorities are turning to the courts, rather than the usual political processes, to make their grievances heard” (101). Since it’s inception in 1982 the Charter has become a very debatable issue. A strong support for the Charter remains, but there also has been much criticism toward the Charter. Academic critics of the Charter such as Robert Martin believe that the Charter is doing more harm than good, and is essentially antidemocratic and UN-Canadian. I believe that Parliament’s involvement in implementing the Charter is antidemocratic, although, the Charter itself represents a democratic document. Parliament’s involvement in implementing the Charter is antidemocratic because the power of the executive is enhanced at the expense of Parliament, and the power of the judiciary is enhanced at the expense of elected officials, although, the notwithstanding clause continues to provide Parliament with a check on...
Reformation on the funding of political campaigns has been an ongoing battle between trying to create an equal and democratic balance of representation for the people and the rich and powerful who have succeeded in using the media to control those people. With The Federal Election Campaign Act of 1972 and the establishment of the Federal Election Commission in 1975, steps were taken to hold the wealthy and public officials accountable for corruption and to try and prevent it. Though the act could be viewed as a positive sign of peaceful evolution in the direction o...
..., & News, C. (n.d.). CBC News Indepth: The 39th Parliament - Harper at the helm. CBC.ca - Canadian News Sports Entertainment Kids Docs Radio TV. Retrieved June 8, 2012, from http://www.cbc.ca/news/background/parliament39/quebecnation-history.html
Recently, the Canadian society is controversial about the existence of the Senate due to the scandals about expenses. In this essay, it will discuss the importance of reforming the Senate. The Senate asks too much money from the people which are unfair. People are willing to keep the Senate as long as the members represent their provinces’ local interest, having the same seats and elected by the people instead of the Prime Minister.
The Senate is a body of parliament in which bills are passed. The senators in this body of government are appointed by the Governor General with the advice from the Prime Minster and are permitted to stay in office until the age of 75. The senate is a highly contested topic with the political parties and the Canadian public. One of the problems argued, is the bias that some senators may have based on their affiliation with a particular party. This is important because they are allowed to stay in office for a long time. Along with that, there have been many cases in which senators have abused their spending budget for personal expenses. This is important as that money comes from the hardworking tax paying citizens. With this, transparency within
Second, I will use the examples to explain WHY we need a reform. And finally, I will describe how the recent take off on this large issue has ensured its eventual resolution. First, allow me to cite examples of corrupt campaign financing. The campaiging 'business' is not a cheap enterprise.