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Monday, November 11, 2013

SENATE "ISSUES" GOING TO THE SUPREME COURT OF CANADA



Today's Waterloo Region Record carrys this Opinion piece by Geoffrey Stevens titled "Senate issue punted to highest court". Essentially the federal Conservative government are asking the Supreme Court to make decisions in regards to potential Senate reform. This federal "reference" is inviting the Court to choose from outright abolition to a myriad of lesser reforms. Interestingly none of these suggested reforms deals with the thorny issue of Senators' residency rules. It would appear that Mr. Stevens believes that the Court's involvement will not lessen the pressure on the Conservatives in the House of Commons.

As I understand the British North America Act (BNA) all the Supreme Court can do is advise as to what is constitutionally possible and how to go about it. They cannot actually do the deed on their own. If nothing else it should clarify whether Senate reform is possible and if so at what cost politically and time wise . What seemed like a good idea in 1867 has been subverted by weaker, less honest individuals over the last few decades. Hopefully the baby does not need to be thrown out with the bathwater.

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