What with all the other stuff going on,
not the least of which is the Budget
Omnibus Bill which
guts environmental regulation and leaves much of the outcomes subject to ministerial overrides, I missed the Senate Reform Bill C7 until I read that Quebec was challenging it. Upon reading it I at first thought that we were getting a step in the right direction with the PM recommending candidates from a list provided by the Province involved, however I then read that “The list of Senate nominees for a province or territory is to be determined by an election held in the province or territory” which immediately put up a red flag. No choice here, it would seem that nominees selected by the provinces by some other means would not be considered, the province MUST chose their list by an (expensive?) election.
guts environmental regulation and leaves much of the outcomes subject to ministerial overrides, I missed the Senate Reform Bill C7 until I read that Quebec was challenging it. Upon reading it I at first thought that we were getting a step in the right direction with the PM recommending candidates from a list provided by the Province involved, however I then read that “The list of Senate nominees for a province or territory is to be determined by an election held in the province or territory” which immediately put up a red flag. No choice here, it would seem that nominees selected by the provinces by some other means would not be considered, the province MUST chose their list by an (expensive?) election.
The minute we publicly elect these
nominees then there is a real danger of the whole process becoming
highly political and partisan (not that is is not now), in other
words a mirror image of the current mess in the HoC. In the
'Framework' it says “To be a candidate for election as a Senate
nominee in a province or territory that has registered provincial or
territorial political parties, a person must be nominated
by a registered provincial or territorial political party
as the party’s official candidate or be a person who, after the
issuance of the election writ, declares himself or herself to be an
independent candidate and is nominated to stand for election.”
I further note that in the 'Basic
Principles' Framework it says “Senators to
be appointed for a province or territory should be chosen from a list
of Senate nominees submitted by the government of the province or
territory.” Once again that sounds good but for the fact that
the actual legislation says “If a province or territory has
enacted legislation that is substantially in accordance
with the framework set out in the schedule, the Prime
Minister, in recommending Senate nominees to the Governor General,
must consider names from
the most current list of Senate nominees selected for that
province or territory.” Lots of wiggle room there, perhaps
necessary in order to get around reopening the constitution and
getting provincial consensus, which is what the Quebec challenge is
all about as I understand it.
All in all I am not totally against
this move, it probably is an improvement if the current and future
PMs abide by the spirit of the 'framework'. I am concerned however
that it would lead to the squeaky wheel getting the job as it were,
in that it will no doubt result in a concerted effort by some, if not
all, political partys to sway the vote with partisan advertising. We
know where that has led us in regard to the election of members of
parliament. Further it does not oblige the PM to select ANY of those
individuals thus put forward!
There is much more in the schedule
containing the 'framework' for selecting senators
including
how and when such election should take
place and the legislation sets
a term limit of 9 years or reaching the age of 75.
Senate reform topics always bring some
responses, and on this one I expect no less. I really don’t know
if the good outweighs the bad or vice-a- versa on this one. It is
all rather academic anyway because even IF it passes and IF the
provinces duly hold elections to nominate individuals and IF the PM
of the day selects exclusively from those lists it will be years
before we get rid of the overwhelmingly partisan and increasingly
intransigent lot we have now. By the time the Harper Regime has
finished ramming through its attacks upon the environment protection,
the charitable and social support sectors, and indeed our very
democratic system of checks and balances there may well be, as he
promised, no recognizable Canada left. I would be nice if the Senate
did their job on the current mess and sent it back to the house as a
number of separate bills, removing the non budget items from Bill
C38, but don’t hold your breath the the Harper yes men contained
within that body will have an independent thought.
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