via thehilltimes
‘Unfinished business’: reintroduced Senate reform bill brings ‘fairness,’ legitimacy to new group leaders
“It is a reflection of the work that the Senate is doing,” said Holland, and even more so, “of the fact that we have an aggressive agenda, that we’re in a time that’s demanding a lot of action by Parliament, by the government, and we’re attempting to respond to that by using all the channels that we have.”
by parliamentary counsel Charlie Feldman, president of the Canadian Study of Parliament Group, whose examination went back to the 35Parliament, which saw less than five per cent of government bills start in the Senate. A little more than 10 per cent of government bills were introduced through the Senate during the 36The Red Chamber has so far been the starting point for a higher rate of government business compared to past Parliaments.
The source said from their experience, choosing where to introduce a piece of legislation comes down to finding “the path of least resistance.” If a bill starts in the House and is passed at third reading, it’s sent to the Senate as amended for consideration. If the Senate proposes amendments, those go back to the House for approval before final passage. The same happens in reverse if a bill starts in the Senate. Photograph courtesy of Earnscliffe
While the higher proportion introduced in the Senate so far this Parliament “probably is for efficiency,” Baran warned “you’ve got to be careful not overdoing that though … because the Senate’s role is traditionally one of sober second thought.”
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Modernization should reclaim the Senate’s intended mission as a House of RevisionAny modernization of the Senate must keep in mind what mission the Senate is intended to carry out within the Canadian parliamentary system. In its April 2014 decision, Reference re Senate Reform, the Supreme Court of Canada described the Senate’s “fundamental nature and role” in the following terms: The Senate is “a complementary legislative body of sober second thought”;The Senate was intended to be “a thoroughly independent body which could canvass dispassionately the measures of the House of Commons”;“The framers sought to endow the Senate with independence from the electoral process to which members of the House of Commons were subject, in order to remove Senators from a partisan political arena that required unremitting consideration of short-term political objectives”;The Senate is “a complementary legislative body, rather than a perennial rival of the House of Commons in the legislative process”;The Senate was intended to be “a body mainly conducting legislative review, rather than … a coequal of the House of Commons”;“The appointed status of Senators, with its attendant assumption that appointment would prevent Senators from overstepping their role as a complementary legislative body, shapes the architecture of the Constitution Act, 1867”;“(Consultative elections) would weaken the Senate’s role of sober second thought and would give it the democratic legitimacy to systematically block the House of Commons, contrary to its constitutional design”; andSenators’ “security of tenure is intended to allow Senators to function with independence in conducting legislative review”. In short, the Supreme Court defined the Senate as a thoroughly independent, complementary legislative body composed of appointed members removed from the partisan political arena, who exercise sober second thought in the dispassionate legislative review of the measures of the House of Commons without regard for short-term political objectives, but so as not to rival or systematically block
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