Update Post #26 - Constitutionality of Senate Reform Bill Opinion Sought from SCOC

[silverpig]

We have too many ivory tower types making our decisions for us as is, it would be beneficial to all the Michael Ignatiefs and David Suzukis out there however.

[Electro Rock]

Academic types, while knowledgable enough in their respective fields, are often *utterly* lacking in common sense and perspective.

This is especially the case in Canada, where academic qualifications are overvalued to the point where even a degree that has nothing to do with the matter of hand will be held up in authority over concensus expertise in that field.

[Wetcoaster]

Academic types, while knowledgable enough in their respective fields, are often *utterly* lacking in common sense and perspective.

This is especially the case in Canada, where academic qualifications are overvalued to the point where even a degree that has nothing to do with the matter of hand will be held up in authority over concensus expertise in that field.

[Electro Rock]

Robert Strange McNamera says "Hi."

[Cooker]

We do?

Mark Carney did a pretty damn good job for us.

David Suzuki providing oversight into an omnibus budget bill that scraps environmental regulations might not be a bad thing. Having someone like Paul Krugman providing oversight into stimulus plans would be good. Having some statisticians overseeing the policy on the census makes sense.

Right now politicians are mostly former lawyers and businessmen. They don't have the expertise required to make a lot of the complicated decisions they do, and as a result, our system is run off of popularity and not logic.

[Wetcoaster]

The federal government has now referred its plans for Senate Reform set out in Bill C-7

( http://www.parl.gc.ca/HousePublications/Publication.aspx?Language=E&Mode=1&DocId=5101177 ) to the Supreme Court of Canada for an opinion on its constitutionality.

The federal government will seek clarification from the Supreme Court on its powers to reform or abolish the Senate, the Minister of State for Democratic Reform confirmed Friday afternoon in Ottawa.

Tim Uppal tried to blame the opposition parties for delaying the legislation, which was first introduced in June 2011, but hasn't been debated for nearly a year.

A key piece of the Conservative Party's platform going back to the days of its predecessor, the Reform Party, Senate reform has stalled amid resistance from senators and some of the provinces.

There are also questions about whether the majority of the provinces have to agree to the reform, something required for constitutional change. The federal government maintains such changes are relatively minor and can be done with the approval of Parliament alone.

The government's Senate reform bill, C-7, would limit senators' terms to nine years and allow the provinces to hold elections to choose senators. The Governor General would then, on the advice of the prime minister, appoint senators who had been selected through provincial elections.

The court is being asked whether the Senate Reform Act is constitutional, as well as about the constitutional amending procedure for changes to the net worth and property qualifications for Senate nominees, which were designed at the time of Confederation.

http://www.cbc.ca/news/politics/story/2013/02/01/pol-senate-reform.html

[Wetcoaster]

Here are the six questions referred to the SCOC.

The Governor in Council has referred the following questions to the Supreme Court of Canada:

Senate Term Limits

1. In relation to each of the following proposed limits to the tenure of Senators, is it within the legislative authority of the Parliament of Canada, acting pursuant to section 44 of the Constitution Act, 1982, to make amendments to section 29 of the Constitution Act, 1867 providing for

a. a fixed term of nine years for Senators, as set out in clause 5 of Bill C-7, the Senate Reform Act;

b. a fixed term of ten years or more for Senators;

c. a fixed term of eight years or less for Senators;

d. a fixed term of the life of two or three Parliaments for Senators;

e. a renewable term for Senators, as set out in clause 2 of Bill S-4, Constitution Act, 2006 (Senate tenure);

f. limits to the terms for Senators appointed after October 14, 2008 as set out in subclause 4(1) of Bill C-7, the Senate Reform Act; and

g. retrospective limits to the terms for Senators appointed before October 14, 2008?

Senate Appointment Consultations: National Process

2. Is it within the legislative authority of the Parliament of Canada, acting pursuant to section 91 of the Constitution Act, 1867, or section 44 of the Constitution Act, 1982, to enact legislation that provides a means of consulting the population of each province and territory as to its preferences for potential nominees for appointment to the Senate pursuant to a national process as was set out in Bill C-20, the Senate Appointment Consultations Act?

Senate Appointment Consultations: Provincial Processes

3. Is it within the legislative authority of the Parliament of Canada, acting pursuant to section 91 of the Constitution Act, 1867, or section 44 of the Constitution Act, 1982, to establish a framework setting out a basis for provincial and territorial legislatures to enact legislation to consult their population as to their preferences for potential nominees for appointment to the Senate as set out in the schedule to Bill C-7, the Senate Reform Act?

Property Qualifications

4. Is it within the legislative authority of the Parliament of Canada acting pursuant to section 44 of the Constitution Act, 1982 to repeal subsections 23(3) and (4) of the Constitution Act, 1867 regarding property qualifications for Senators?

Senate Abolition

5. Can an amendment to the Constitution of Canada to abolish the Senate be accomplished by the general amending procedure set out in section 38 of the Constitution Act, 1982, by one of the following methods:

a. by inserting a separate provision stating that the Senate is to be abolished as of a certain date, as an amendment to the Constitution Act, 1867 or as a separate provision that is outside of the Constitution Acts, 1867 to 1982 but that is still part of the Constitution of Canada;

b. by amending or repealing some or all of the references to the Senate in the Constitution of Canada; or

c. by abolishing the powers of the Senate and eliminating the representation of provinces pursuant to paragraphs 42(1)(

and (c ) of the Constitution Act, 1982?

6. If the general amending procedure in section 38 of the Constitution Act, 1982 is not sufficient to abolish the Senate, does the unanimous consent provision set out in section 41 of the Constitution Act, 1982 apply?

[canuck_trevor16]

I think this is good now that thee is finally something done about Senate reform......too long in the making and talk about for the last couple of years. ? but when does it begin? after the next election? in 2015

[Wetcoaster]

I think this is good now that Senators would be elected? but when does it begin? after the next election? in 2015

[Wetcoaster]

I do not think that this is the sort of Senate reform that the Harper Government had in mind.

Senator Patrick Brazeau has been removed from the Conservative Party's caucus, while sources tell CBC News that he is in a police jail in Gatineau, Que., following an alleged domestic dispute.

http://www.cbc.ca/news/politics/story/2013/02/07/pol-brazeau-kicked-out-caucus.html

There is no word if Senator Brazeau is preparing to go on a hunger strike until re-admitted to the Conservative party caucus.

Brazeau is also under investigation along with several other Senators relating to residency expense claims for claiming to live outside of Ottawa and collecting a generous housing allowance.

http://www.cbc.ca/news/politics/story/2012/11/21/pol-patrick-brazeau-allowance-questioned.html