"Democratic"Senate IS doomed -Re-Patriation & Restoration is required

Dear Mr Wiseman & HillTimes Editors,

Thank you for "Democratizing Upper House not in Harper's (nor any Lower House Power Broker's) interest"

I agree that Mr Harper doesn't really want to push the Senate Reform issue because if the Upper House gained more legitimacy, the restored power of the revitalized Senate would be taken away from the amount of power currently wielded by the Lower House (ie no NEW Crown power would be created, just its Distribution would shift)

I assert as well that the Loyal Opposition and its social-democratic brother/sister parties do not want either a more effective, nor re-legitimized Upper House for the same reason - the Commons (where their socio-politico-economic theories have a chance to influence) would LOSE its 'only-show-in-town' oomph if the Senate's original mandate was restored.

While I agree with your "Meet the New Boss ... Same as the Old Boss" critical assessment of the behaviours of our government-of-the-day,  I will ask you to re-examine the sources for your views on the Purpose and Constituency-base of the Upper House:

- "As in the United States, the Senate was created to represent the states/provinces. In Canada, the provincial governments and premiers are more muscular actors than their American counterparts are in a wider range of policy fields .....";

-" An elected Senate would probably reinforce the power of the smallest provinces such as P.E.I. The four Atlantic provinces and three territories, with just seven per cent of the population, have nearly a third of the Senate’s seats."

The Senate was designed and intended to follow the footsteps of a) its colonial antecedent, the Legislative Council from the Constitutional Act of 1791 (appointed for life, minimum age required) and b) its "similar in Principle" U.K. equivalent, the House of Lords (Spiritual -permanent ex-officio offices, and Temporal -hereditary titles to land owners, and nobles).

The interests of the Crown (ie the Monarch-in-its-U.K.-Council) were calculated to be more likely protected by those deemed "patrician" in Canada than might be expected from those of us considered "plebeians".

As a result, Senators of Canada:

- 1) are equally culled from 4 established Divisions PLUS added representation for the latterly-recognized newcomers to Confederation - Newfoundland-Labrador and the 3 Territories;

- 2) are representatives of the Propertied Class (hence the net-worth and net-equity property ownership qualifications - sadly the only Cdn gov't dollar amount never-adjusted for Purchasing Power Parity); 

- 3) do NOT represent any political party (as you accurately and politely noted in the Sept 3/12 piece) ;

- 4) were intended as a Check & Balance on the Non-propertied Class's elected-assembly -the Lower House aka the Commons

George-Etienne Cartier  - "to protect the regional interests and also a power of resistance to oppose the democratic element" 

Sir James Lougheed - "bulwark against the clamour and caprice of the mob" 

Cicero (quote is carved in oak frieze of our Senate Speaker's chambers) - "It is the duty of the nobles to oppose the fickleness of the multitude

The fact that these (and other) je jure  BNA/Constitutional "truths" are NOT reflected in today's de facto machinery-of-government is what needs public revelation and constitutional restoration -no amendment process required - the provisions are already there.

Nescience of this type of contra-BNA Legislative AND Executive government-of-the-day operations/institutions is almost universal (I blame the last few generations of teachers, not the students) and as a result, modern-day  problems with right-under-our-noses solutions-rooted-in-the-BNA/Constitution seem invisible/ inconsequential/ "off the radar" to the average Canadian "armchair Prime Minister" and his/her info-sources the parliamentary pundit, the political commentator/correspondent and the TV talking-head.

Rce

Robert Ede,     

Spokesman

The Majority of Canadians P.A.C.
Direct 416.819.7333

 

"All truth passes through three stages. First, it is ridiculed. Second, it is violently opposed. Third, it is accepted as being self-evident." -Arthur Schopenhauer (1788–1860)

BACKGROUNDER AND EXPANDED VERSION  --  if space and interest permits

As every student of the Constitution/BNA Act 1867(as amended) knows the Senate intended to follow the footsteps of its colonial antecedent, the Legislative Council from the Constitutional Act of 1791 (appointed for life, minimum age required) and its "similar in Principle" equivalent, the House of Lords (Spiritual -permanent ex-officio offices and Temporal -hereditary titles to land owners, and nobles)

The Upper house was to be a check and a balance for the Lower House.

 "G.E. Cartier  -"to protect the regional interests and also a power of resistance to oppose the democratic element"

Sir James Lougheed - a "bulwark against the clamour and caprice of the mob"

Cicero (carved in oak frieze of our Senate Speaker's chambers) - "It is the duty of the nobles to oppose the fickleness of the multitude"

The interests of the Crown (ie the Monarch-in-its-U.K.-Council) were calculated to be more likely to be protected by those deemed "patrician" in Canada than might be expected from the "plebeians".

From this history-fed intention flows the "unique within 1867 to 2012 Canada" Dollar-amount Qualifications (s.22) /Disqualifications (s.31) regarding a Senator's net-worth and net-equity property-ownership and the Upper House Members special Oath of Allegiance and  Integrity on the Fifth Schedule "...that I have not collusively or colourably obtained a Title to or become possessed of the said Lands and Tenements or any Part thereof for the Purpose of enabling me to become a Member of the Senate of Canada ..."

IV. LEGISLATIVE POWER

The Senate

22. In relation to the Constitution of the Senate Canada shall be deemed to consist of Four Divisions:

1. Ontario;
2. Quebec;- Quebec by twenty-four senators; 
3. The Maritime Provinces, Nova Scotia and New Brunswick, and Prince Edward Island;the Maritime Provinces and Prince Edward Island by twenty-four senators;
- ten thereof representing Nova Scotia, ten thereof representing New Brunswick, and four thereof representing Prince Edward Island; 
4. The Western Provinces of Manitoba, British Columbia, Saskatchewan, and Alberta;the Western Provinces by twenty-four senators,
- six thereof representing Manitoba, six thereof representing British Columbia, six thereof representing Saskatchewan, and six thereof representing Alberta 

which Four Divisions shall (subject to the Provisions of this Act) be equally represented in the Senate as follows: 

-Newfoundland shall be entitled to be represented in the Senate by six members;
-the Yukon Territory, the Northwest Territories and Nunavut shall be entitled to be represented in the Senate by one member each.
ENDNOTE (11)

• (11) As amended by the Constitution Act, 1915, 5-6 Geo. V, c. 45 (U.K.) and modified by the Newfoundland Act, 12-13 Geo. VI, c. 22 (U.K.), the Constitution Act (No. 2), 1975, S.C. 1974-75-76, c. 53, and the Constitution Act, 1999 (Nunavut), S.C. 1998, c. 15, Part 2. The original section read as follows:
  
  • 21. The Senate shall, subject to the Provisions of this Act, consist of Seventy-two Members, who shall be styled Senators.

• The Manitoba Act, 1870, added two for Manitoba; the British Columbia Terms of Union added three; upon admission of Prince Edward Island four more were provided by section 147 of the Constitution Act, 1867; the Alberta Act and the Saskatchewan Act each added four. The Senate was reconstituted at 96 by theConstitution Act, 1915. Six more Senators were added upon union with Newfoundland, and one Senator each was added for the Yukon Territory and the Northwest Territories by the Constitution Act (No. 2), 1975. One Senator was added for Nunavut by the Constitution Act, 1999 (Nunavut).

rce