Andrew MacDougall, communications director to Mr. Harper (Calgary Southwest, Alta.), said in an email to The Hill Times on Feb. 6 that the government would “continue to make appointments.”
Minister of State for Democratic Reform Tim Uppal (Edmonton-Sherwood Park, Alta.) recently announced that the federal government has referred questions on the constitutionality of unilaterally making changes to Senate appointments and terms to the Supreme Court of Canada. It could take two years, or possibly more, for the court to deliver its decision.
In the meantime, the Conservatives’ Senate Reform Bill, C-7, will languish in the House of Commons at second reading.
“Should a favourable opinion be received from the Supreme Court of Canada the government intends to continue to pursue the passage of the Senate Reform Act and from there we intend to proceed quickly with the act and it would continue through the normal Parliamentary process from its current status at second reading in the House of Commons, however until that time we’re focused on the reference and we’ll be pursuing reform that way,” said Kate Davis, communications director to Mr. Uppal.
The Conservative government has referred a wide range of questions to the Supreme Court. The government wants to know whether it can unilaterally change the term limits of Senators, with seven possible term limits suggested; whether it can unilaterally introduce a national or provincial process for electing Senators; whether it can unilaterally do away with some qualifications for Senators; and questions around how the government could abolish the Senate, including which amending procedure would have to be used.
These questions go beyond what is proposed in Bill C-7. Bill C-7, the Senate Reform Act which Mr. Uppal introduced on June 21, 2011, would retroactively impose nine year term limits on Senators appointed to the Senate after Oct. 14, 2008, and it would also introduce a framework by which provinces could hold Senatorial elections if legislation to do so was passed in their province. Under this framework, the prime minister would be obligated to consider elected Senators for recommendation for Senate appointments. Bill C-7 seeks to make these amendments unilaterally, under section 44 of the Constitution Act.
Bill C-7 is the eighth version of Senate reform legislation introduced by the Conservative government since they were elected in 2006, but it is the first to be introduced under a majority government. Since being introduced in June 2011, the bill has been debated seven times—the last time being on Feb. 27, 2012.
The main issue at the heart of debate around Senate reform is what amending formula would have to be used. The government believes it can act unilaterally to make these changes, but others argue that the consent of at least seven provinces representing at least 50 per cent of the national population is required, and others say unanimous consent is required.
Since coming to power, Mr. Harper has appointed a total of 58 Conservative Senators. Most recently, on Jan. 25, Mr. Harper appointed five new Conservative Senators: Denise Batters (Saskatchewan), Lynn Beyak (Ontario), Victor Oh (Ontario), David Wells (Newfoundland), and Doug Black (Alberta)—who is also the third elected Senator from Alberta to arrive in the Senate, joining Senator Bert Brown and Alberta Conservative Senator JoAnne Buth.
Sen. Brown has championed the cause of Senate reform since arriving in the Senate in 2007 as the first elected Senator from Alberta, and in a previous interview with The Hill Times last September, he said he didn’t see a need to seek a Supreme Court reference. Approached by The Hill Times on Feb. 7 in the Senate foyer, Sen. Brown declined to comment on the government’s decision to seek a reference.
Alberta was the first province to introduce legislation to hold Senatorial elections in 1989. In 2009 Saskatchewan passed legislation to provide for Senate elections, but has yet to hold an election because of debate over the cost of holding such elections (which would be covered by the province). The Liberal government in British Columbia has indicated its support for legislation to hold Senate elections, and Progressive Conservative New Brunswick Premier David Alward has introduced legislation for that province to hold Senate elections.
Parliamentarians have raised red flags about the Senate in the media in recent months, putting more significance on the debate of having an elected Senate with term limits.
Newly-Independent Quebec Senator Patrick Brazeau, who Mr. Harper appointed to the Senate at the age of 34, was kicked out of the Conservative caucus on Feb. 7 after CTV reported on Feb. 6 that Sen. Brazeau used his former father-in-law’s address in a First Nations community to claim aboriginal tax exemption from 2004 to 2008. On Feb. 7, Sen. Brazeau was also arrested and charged with sexual assault and assault in Gatineau, Que. Sen. Brazeau was released on $1,000 bail the next day with the condition he not go within 150 metres of the alleged victim’s home or work. He’s also forbidden from possessing a firearm. Sen. Brazeau has also been put on a leave of absence from the Senate until the charges have been resolved, but will continue to receive his $132,000 salary.
When asked about the Sen. Brazeau’s arrest in Question Period last Thursday, Mr. Harper said: “I think it is known that in light of the serious events that have been reported today, I have removed Senator Brazeau from the Conservative caucus. Obviously, I think our understanding is that these are matters of a personal nature rather than of Senate business, but they are very serious and we expect they will be dealt with through the courts.”
On Friday at a press conference in British Columbia, Mr. Harper said of the criminal charges: “Obviously the situation with Sen. Brazeau is terrible. … It is extremely appalling, disappointing, we all feel very let down.”
Sen. Brazeau is also under scrutiny about his living and travel claims as it is believed his primary residency is in Gatineau, and not in Maniwaki, Que., as listed in Senate records.
Ontario Liberal Senator Mac Harb is facing scrutiny for claiming additional living expenses for a secondary residence, despite owning several properties in Ottawa. P.E.I. Conservative Senator Mike Duffy has faced even tougher media scrutiny over his living expense claims and his resident status in the province he was appointed to represent. Recent Postmedia News stories have revealed that Sen. Duffy does not hold a P.E.I. health card and is not on the province’s voter list (but he has voted in Ontario).
Under the Constitution Act, Senators can lose their seat if they are convicted of felony “or of any infamous crime,” or if they cease to meet the residence requirements, among other things. If any questions arise over the qualifications of a Senator, under the Act, the Senate itself would settle the issue.
On Feb. 8, the Senate Committee on Internal Economy, Budgets and Administration chair Saskatchewan Conservative Senator David Tkachuk announced the committee has referred the “residency declarations and related expenses” of Senators Harb, Duffy and Brazeau to external auditor Deloitte “for review and report.” Sen. Tkachuk and committee deputy chair Newfoundland Liberal Senator George Furey “are seeking legal advice” for questions around Sen. Duffy’s residency in P.E.I.
Liberal MP Stéphane Dion (Saint-Laurent-Cartierville, Que.), his party’s democratic reform critic, said he is happy the government has referred questions to the Supreme Court because he said he has been calling on the government to do so since 2007. If they had listened before they would already have an answer, he said.
But Carleton University professor Bruce Hicks, whose research focuses on institutions of governance and reform, said he thinks the government is looking to make Senate reform its “swan song if they’re going to leave office as opposed to doing it while they’re in office, because a totally independent Senate can be a pain to a government.”
But Prof. Hicks said to the credit of Mr. Uppal, he has shown more commitment to reform than previous ministers as he has consulted with academics across the country on Senate reform, including himself. However, Prof. Hicks questioned why the bill has been stalled in the House considering the government has a majority.
Original Article
Source: hilltimes.com
Author: LAURA RYCKEWAERT
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