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The Triple E Senate Of Canada Essay, Research Paper

The Triple E Senate of Canada

Public interest in the Senate is currently stronger than it ever has

been. Nearly everyone agrees that our present Senate is unsatisfactory.

Political parties such as the New Democratic Party want the outright abolition

of the Senate while others such as the Reform Party want to elect it. Since the

Senate has not been considered an effective forum for regional representation-

which was one of the reasons for its creation-many Canadians have wondered what

reforms would allow it to perform that role better. The objectives of Senate

reform are based on one idea, that of enhancing the quality of regional

representation of politicians within national political institutions. Through

the implementation of a Triple E Senate (Equal, Effective, Elected), a federal

principle can be constructed into the national government and therefore provide

a check on the majority in the House of Commons.

A major function of second chambers is legislative review. This means

that bills coming from the other house are examined, revised and sometimes

delayed. Unless regional representation is included, the legislative review

function does not examine the purpose of proposed legislation, but instead

attempts to improve it technically. In federal systems, the legislative review

function of the Senate is only secondary to their role in providing for

representation for various parts of the country in the national legislature.

Representation is selected in favour of the smaller regions, in contrast to the

first chamber, where representation is always based on population. Therefore

the functions associated with the Senate are legislative review and the

representation of the various regions on a different basis from the lower house.

The Fathers of Confederation originally intended for the Senate to play

the legislative review role. As sir John A. MacDonald said, the Senate was to

have “the sober second thought in legislation” and should not be “a mere chamber

for registering the decrees of the Lower House”. They also agreed on a

particular qualification of Senators, which was intended to help them act as a

check against the majority in the Lower House. This qualification has remained

unchanged since 1867, but its practical meaning has long been discarded.

The other major role meant for the Senate was to preserve what MacDonald

called “sectional interests”. It is believed that this agreement about

representation in the Senate was the main factor that allowed the Canadian

federation to be formed. The Senate has functioned quite effectively as a

house of legislative review up to the present time, but its intended role in

regional representation has not been as effectively performed. seventy-five),

the Senate’s ability to represent the regions of Canada has been weakened.

During long appointments, the responsiveness to the views and concerns of the

represented is not always guaranteed. There is also no obligation to account to

their respective regions and their representation is not put to any public test.

Even if Senators did perform an adequate role as representatives, the public

might not see it in the light.

The implementation of a Senate which is elected rather than appointed

would ensure that representatives were more responsive to the public. It would

also give the Senate the authority to exercise the substantial powers given to

it by the Canadian Constitution. Any political institution can obtain formal or

legal powers, but if the public does not want them to use it, these powers may

not be exercised. In addition, most Canadians have reservations about

appointments to a legislative body for such a long term in this, a more

democratic age than when the Senate was established.

Senators in our Upper House do not really represent anyone except for

the one who appointed them-the Prime Minister. It is because of this reason

that they cannot effectively express the views of anyone since their appointment

lacks legitimacy in our democratic age. However, when Senators criticize and

delay the legislative process, they only remind us of how much could be

accomplished effectively if only they represented the people who had elected

them.

Another important function of second chambers in federal systems like

Canada’s is the representation of the regions on a basis other than

representation by population. When different people from different regions wish

to achieve a common goal while protecting their respective regionally-based

differences against majority rule, a federal system of government is utilized.

When this is the case, the Upper House is seen as a political check on the rule

of a simple majority. It also reflects the diverse interests of the regions of

the federation to the lower chamber.

In countries like Canada where there are two distinct linguistic groups

geographically concentrated within its borders, protection of the interests of

the minority group can be established through specially weighted representation

of the political units in the second chamber. It was because of this reason

that the French-speaking Fathers of Confederation sought equal representation in

the Senate for the three original regions (Quebec, Ontario and the Maritimes).

This would balance out the House of

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