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Supriya Dwivedi

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The Senate Vote on C-10 was a Crime

Posted: 03/ 3/2012 11:00 am

I never really liked the Senate. I always thought it was akin to taking a pottery class: nice in theory, but a waste of time in practice. Except unlike the pottery class, which would just be a waste of my time, the Senate is a waste of my tax dollars and is completely unrepresentative of the Canadian people.

Senate reform has been an issue in the past, with the first proposed senate form dating back to 1874, but the issue seems to be ever more relevant now, as Bill C-10 (otherwise known as the Omnibus Crime Bill) was passed by the Senate late Thursday night. Canadian jurists have been trying to reform the Senate for 138 years, and yet we're still stuck with what can only be described as a constitutional relic.

Do I have a solution to the constitutional quagmire Senate reform entails? Of course not. As far as I can see, there is no real solution. The legislative path to reform, which would follow section 44 of the Constitution Act is unconstitutional. By using section 44 to limit senatorial terms to eight years (currently, terms are for life, or until the senator reaches 75, whichever comes first) and setting up some sort of electoral procedure (remember: Senators are undemocratically appointed), necessarily changes the inherent nature of the Senate.

Consequently, the changes can only be made following section 42, requiring the approval of seven provinces with 50 per cent of the population of the provinces. For those of you who remember the fiascoes at Meech Lake or Charlottetown, you know that following this procedure for reform is next to impossible.

Well, what's wrong with the Senate anyway, and why does it even need reform? In essence, the senate exists as a place where friends of the Prime Minister can go to ensure making $130k or more a year. After all, barely two weeks following their defeat in the May 2nd 2011 election, Larry Smith, Josée Verner, and Fabian Manning were appointed to the senate.

The whole purpose of the Senate is to exist as a "chamber of sober second thought." They don't have to answer to the voting public, so they can make tough, unpopular choices without having to appease anybody or tow a party line. They have complete job security, and a six-figure salary to boot. In addition to all of this, they hold one of the greatest powers known to man: veto power.

That's right, much like I can veto my best friend from buying a skirt I know she'll never wear, the Senate can veto parliamentary legislation as it sees fit. In fact, in the past, this veto power has been used pretty haphazardly, so why didn't the Senate veto Bill C-10?

Perhaps it is because there is no pressure from Conservative ministers to kill the bill. Last year, Former Industry Minister Tony Clement had sent out a memo urging Tory senators to kill Bill C-393, once it had reached the senate, the senators did as told. So much for not towing the party line.

There are lots of reasons why Bill C-10 should have been struck down. It's costly, it goes against our fundamental freedoms, analogous provisions haven't worked in the past, and crime is at the lowest rate since 1973. But the most compelling basis is that it is pure ideological idiom being put forth in the form of partisan legislation.

What were you worried about Senate? You don't have anybody to answer to. You can't lose your job. You would have gotten paid the same. You might have even gained the respect and admiration of fellow Canadians in the process, reminding us what a "second chamber of sober thought" is all about.

Oh sure, you may not be invited to be a part of the secret Santa organized by Minister Nicholson this year. (I hear he's a re-gifter anyway.) But I guess the inevitable awkwardness you would have encountered on the Hill was worth selling out the Canadian public.

So, to the Senate, I wish you had done the right thing. While the rest of us can only make quirky YouTube videos and write seething blog posts on the ridiculousness of Bill C-10, you could have actually ensured that this bill never became law.

We had a good run, but the Canadian people want to break up with you. And trust me, it's not us -- it's you.

 

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I never really liked the Senate. I always thought it was akin to taking a pottery class: nice in theory, but a waste of time in practice. Except unlike the pottery class, which would just be a waste o...
I never really liked the Senate. I always thought it was akin to taking a pottery class: nice in theory, but a waste of time in practice. Except unlike the pottery class, which would just be a waste o...
 
 
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04:28 PM on 03/06/2012
Supriya Dwivedi, the phrase is "toe the line", not "tow the line"
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Supriya Dwivedi
06:09 PM on 03/06/2012
yeah, i actually thought that, but for some reason "toeing" just looked a little off...seems like something the editing team should have picked up on, good thing you caught it.
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ProgressiveCDN
A Progressive Moderate
10:07 AM on 03/05/2012
Well said, Supriya! I couldn't agree more... What a sham. These guys have become no better than the ideological supreme court of the US. They're not concerned about the costs, both fiscal and societal, that this bill entails. Rather, they're just towing the party line and PM Harper has himself a full-on dictatorship for the next few years..

The only good news is that this bill C-10 along with the online snooping bill will spell the end of this dictatorship in 3 years... Our economy will be no better off. Unfortunately, the hill is getting steeper as the Tories add more seats in tory-friendly rural areas to pad their majority... Liberals need a charismatic, French leader to take back Quebec and many urban seats across Canada.
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Supriya Dwivedi
09:42 PM on 03/05/2012
well, i would certainly hope that the recent (and not so recent) events of the Harper gov't would mean a new party come the next election, however, this poll frightens me:
http://www.huffingtonpost.ca/2012/03/05/robocalls-scandal-canada-polls-nanos-ekos_n_1320906.html?ref=the-pulse
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ProgressiveCDN
A Progressive Moderate
10:16 AM on 03/06/2012
A blogger who responds to comments, I like it! :) I wouldn't worry about those polls, this issue isn't done yet. Bob Rae has made a great move by releasing the Liberal phone records... I can't see the robocalls issue dying without the Cons releasing their records.
And, as for this horrible costly Bill C-10, I have no doubt that the provinces will either crumble under the fiscal pressure or start openly challenging the Fed's new law (as Nunavut is doing)...
08:38 PM on 03/04/2012
We need a senate that is not appointed but that is elected with the restriction on independants only. Having been a party member disqualifies you. It should be made up of union people, academics, students, blue collar, tech workers, doctors and teachers. Itsnjob should be to ensure a governments election promises are kept and reflect the will of the majoritymof the Canadian publc. It should use polling, surveys, public forums to assess controversial legislation.
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Supriya Dwivedi
10:09 AM on 03/05/2012
that's a very interesting idea, kind of like how we nominate the judiciary in this country...you can't have any political affiliations in order to be nominated.
01:56 AM on 03/08/2012
And massive restrictions on campaign advertising..ie none. Public forums, the web, door to door, town halls, speaking tours, but no tv or radio ads, no print ads...take the money out of it. Or have a bunch of Canadians take a means test and then its a lottery.
04:25 PM on 03/06/2012
My question would be "So only people that have held party membership should be disqualified?". Wouldn't that be discriminatory?

Why not, only people that have never donated to a political party instead?

The last questions are, how do ordinary people, like you and I, get enough funds up for a campaign run at this? Would parties that are affiliated with the political parties allowed to run commercials about the candidates?
01:52 AM on 03/08/2012
Actually you simply restrict the campaigning to the web, door to door and public television. No private or campign advertising allowed. In Cuba they campaign for cabinet by talking to their neighbours and holding town hall meetings.. Yes hard tondomin apopulous country but we could do it via the web.
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Kristopher Leang
training to take down the elite
03:46 PM on 03/04/2012
"chamber of sober second thought." is very true. unfortunately the recent politicization of the senate and partisanship means conservative are simply following the party line, not actually judging if it infringes on the constitution and charter, or whether this will damage society.

Ironically the only solution now seems. senate committee hearings are important and we definently should have something as a 2nd guard, however an elected senate spells even more doom...

as an elected person for 8 years and cant be re-elected they would not be accountable. also as elected officials, senators would take this as a mandate to be proactive,. this just gives the conservative ones who have already been acting partisan instead of defending CANADIANS that excuse sevenfold. and what do we get?? a conservative stranglehold on a second house that can stop legislature has a "mandate" and veto.. that is such a scary thought. how perfect would it to be claim their are fighting for canadians while blocking liberal and NDP legislature when the cons are finally kicked out of the house of commons. sounds like the USA doesn't it? sounds like deadlock.

however as someone who isnt that rich i can't stand to see that much while average canadians are hungry, or don't have enough doctors.
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djelimon17
what's this thing for?
09:11 PM on 03/04/2012
Solution is simple - flood the senate with socialists.

Soon after each changing of the guard the Senate will keep expanding until we are all Senators.

Then we will come full circle to democracy.
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working onit
Stop Harper
04:20 PM on 03/03/2012
Bravo Ms Dwidevi. Now if only I knew how to even start cleaning up this mess.
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Supriya Dwivedi
05:52 PM on 03/03/2012
ha, i know. that is the fundamental issue here.
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Steve Lives
The Venus Project ... look it up
03:08 AM on 03/04/2012
Frankly, if we are to have a senate, its members should come from academia. Voted for by their peers. People educated on social sciences, human behavior, engineering, law and so on. The sad truth is, most politicians are not problem solvers. If you don't believe me, go ask one how to end war. Or how to prevent traffic accidents. Or how to end crime. I'm sure you get the picture.
As a side note, do you know anything about the Venus Project or the Zeitgeist Movement? I think it something that may get you thinking, something you may enjoy. Google them if your interested. The movie Zeitgeist Moving Forward is an excellent watch and is free on You Tube as well as being available on Netflix. It is a good visual explanation of the project.