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Donald Lenihan

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How I Learned to Live With the Unelected Senate

Posted: 08/11/11 10:13 AM ET

The federal government's bill to reform the Senate has me scratching my head. As someone from the West, I've had a long-standing interest in such proposals, but I can't figure out where this one is coming from. Maybe you can help me.

Consider the original Senate. It was designed for a fragile new country with a strong central government and an equally strong culture of regionalism. Basing the Upper Chamber on regional representation was a way of calming the provinces' fears about their place in the new federation.

The Triple-E Senate, on the other hand, was spawned by the rise of the West and its frustrations with the iron grip Central Canada had on Parliament.

The Charlottetown proposal emerged from a political crisis and bore all the marks of the furious horse-trading that produced it.

My point is that all these proposals were shaped by the political realities of the day and that, within that context, they made sense. What about the current bill?

As far as I can tell, since Charlottetown, the political context has changed in two ways. First, in the aftermath of the Meech Lake and Charlottetown Accords, everyone agrees that a major constitutional amendment would open a hornet's nest of other issues, so constitutional change is not an option.

Second, the wind has gone out of the Triple-E movement's sails. The West no longer wants in because it is in. Indeed, it occupies the Prime Minister's Office. Quebec's long-standing lock on the political agenda has been broken and Ontario is too busy worrying about tumbling into have-not status to focus on anything else.

So this is the political context in which the current reform bill addresses the three key issues of the method of selection, the powers and the composition.

On selection, the bill calls on all provincial governments to run Senate election processes, and then recommend the winners to the prime minister, who will appoint them. This way, the process avoids a constitutional change.

On powers, the new Senate would stay as it is, so no change is required here either, which brings us to the most difficult issue: composition.

First let's recall that the whole point of the Senate is to provide regional representation in Parliament. Accordingly, the Triple-E debate focused on two key goals: (a) give the West more seats to match the growth in its population and influence; and (b) legitimize the use of the Senate's power through election.

Throughout this period, Ontario and Quebec, which have 24 seats each, were very reluctant to reduce their share of seats to accommodate the four western provinces, which have only six seats each. Composition was the really hard issue and in discussions it was always the deal-breaker.

The exception, of course, was the failed Charlottetown Accord, where all provinces agreed on a new Senate with six seats each. However, this agreement was tied to a major reduction in the Senate's powers, a package of other constitutional changes, and a highly-charged political environment.

So how does the new bill handle the issues around composition? According to its supporters, the answer lies in an innovative new approach they call incrementalism. In effect, the bill promises to untie the Gordian knot of composition by putting it off to another day.

Really.

Let me rephrase this for you: the plan is to ask provinces like Alberta and B.C. to legitimize the existing arrangement by electing senators, on the assumption that at some unspecified date in the future Ontario and Quebec will volunteer to reduce their own share of the seats.

I keep wondering if I have missed something here. Can someone please tell me why Alberta or B.C. would believe this is ever going to happen? Quebec has already declared that it plans to challenge the proposal in the courts because it fears that even these modest changes compromise its historic status. This is hardly an encouraging sign for the future.

The only reply I've heard to this question is that the bill sweetens the pot by giving provincial parties a role in the nominating process. The argument seems to be that when western premiers will read this clause they will pause, stroke their chins and whisper: "Well! Look at this. If we sign on, our party could win some of our six seats in this new elected Senate." But does anyone really believe they will then go on to conclude: "Okay, then, let's go for it!"

If this is the best defense of incrementalism the bill can offer, I can only conclude that it is fatally disconnected from the political reality. Westerners are no longer clamoring for an elected Senate. Why, then, would a western premier support a proposal that not only entrenches the dominant role of Central Canada, but actually legitimates it? It is neither reassuring nor convincing to add that someday his/her province will be rewarded. That goes nowhere.

In short, unless someone has a better answer here, I conclude that Canadians will be living with an unelected Senate for some time to come.


 
 
 
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HUFFPOST SUPER USER
Skookum1
truth can't be bought, but lies sure can be sold..
11:17 PM on 08/12/2011
You "conclude that Canadians will be living with an unelected Senate for a long time to come"....in other words, Canadians should suck it up and face the facts that their system of govermment is unredeemable and unchangeable. Why? Because we should do as the "Vice President for Engagement" of the Public Policy Forum of Ottawa says so? "Tug the forelock and eat your gruel" etc....but what the hell is the Public Policy Forum of Ottawa? A Tory think-tank? I tried googling it, came up with not much, except all the plethora of articles that HuffPost has kindly published in order to further spread your views, Mr Lenihan. You try and sound neutral here, but you're not. You're just justifying the status quo, which as the rest of us know UTTERLY STINKS.

What's a better way? Recognize that the existing amending formula was DESIGNED to cause a stalemate, to make the centralizing and autocratic nature of rule-by-first-minister irredeemable and unchangeable. The 1982 Constitution made no movements towards greater democracy, rather the opposite. Iceland has shown the way - a constitutional assembly composed on non-politicians who've come up with a new constitution to lead them away from the obsolete constitution they inherited from Denmark, which was as old and stiff as the one which we inherited from Britain and which was not substantially changed by 1982; rather it was entrenched and re-trenched.
HUFFPOST SUPER USER
Skookum1
truth can't be bought, but lies sure can be sold..
11:21 PM on 08/12/2011
All I'm hearing you say is "Canadians should learn to eat the food on the menu" ... because nothing else will ever be offered to them; pundits and the media and "think tanks" such as yours are in cahoots with the politicians and the current political system. It doesn't mean we should meekly accept it JUST BECAUSE YOU TELL US TO. As always, our political class are telling us what to think and what to do, and offering only stale rationalizations for why we have to put up with the crap we're already being fed......
HUFFPOST SUPER USER
patrickwwalker
03:03 PM on 08/11/2011
I loathe the idea of an elected Senate. People talk about the "wisdom" of the American founding fathers as they essentially gutted democracy with their new system. Canada went in the OPPOSITE direction by taking the power out of an unelected body and placing it in the elected one. The effect was that in the USA democratic ambitions were easily blocked but in Canada the approach was the exact opposite. Fathers of Confederation ensured the unelected body was virtually powerless whereas the American founding fathers enhanced the power of unelected bodies.