Significant Senate reform is not likely to happen in the foreseeable future, given the Supreme Court of sa国际传媒鈥檚 ruling that the federal government cannot act alone in making changes, but that doesn鈥檛 mean it can鈥檛 be improved.
The court ruled Friday that Ottawa must have the consent of seven provinces with half the country鈥檚 population to reform the Senate, limit terms or appoint only elected senators. Abolition of the Senate would require the unanimous consent of Parliament and all provinces.
The court鈥檚 8-0 decision is a clear message that simply having a majority in Parliament does not give a government the power to make sweeping changes in how the country is governed. To rule otherwise would be to invite chaos 鈥� the next majority government could sweep the changes out again. Political oscillations can work in some issues, but the structure of the Confederation and its government should not be open to partisan trifling.
Prime Minister Stephen Harper said he will respect the court鈥檚 decision, but he didn鈥檛 say it respectfully or convincingly.
鈥淲e know that there is no consensus among the provinces on reform, no consensus on abolition, and no desire of anyone to reopen the constitution and have a bunch of constitutional negotiations,鈥� he said. 鈥淪o essentially, this is a decision for the status quo, a status quo that is supported by virtually no Canadian 鈥� It鈥檚 a decision I鈥檓 disappointed with but I think it鈥檚 a decision that the vast majority of Canadians will be very disappointed with.鈥�
Harper does not speak for all Canadians, or even the 鈥渧ast majority鈥� of Canadians, on this or any other subject. His party simply has the majority of seats in Parliament, something that could change with the next election. Even if most or all Canadians are unhappy with the Senate status quo, that doesn鈥檛 mean they favour his solutions.
The ruling could set the stage for a referendum, as Harper seeks a political hammer that would help persuade reluctant provinces to side with him on Senate reform. That would be a mistake. The prime minister鈥檚 own words on the complete lack of consensus on reform indicate how divisive and corrosive a national referendum would be.
The Senate is far from perfect. It was intended to provide regional balance, but population changes put that balance out of whack. Prince Edward Island, with a population not much larger than that of Saanich, has four senators. The Maritime provinces, with about half the total population of sa国际传媒, have 30 seats in the Senate, compared to six each for sa国际传媒 and Alberta.
It鈥檚 not right, but it won鈥檛 change. For us to get what鈥檚 rightfully ours, others would have to settle for less than they have now, and who would consent to negotiations with that result in mind?
The bad news is that senators are unelected, too often appointed for blatant political purposes. The good news is that senators are unelected, and can hold themselves aloof from crass politics and popular clamour. The questionable actions of a few senators have muddied the waters for all senators. Many are hard-working and devote themselves to causes that don鈥檛 hinge on getting re-elected.
The high court鈥檚 ruling virtually assures that no one alive today will see the Senate reformed through legislation. But that doesn鈥檛 mean it can鈥檛 be improved.
Reform can happen by prime ministers appointing senators on the basis of ability and experience, not political expedience. Reform can happen if senators ensure they represent the interests of the people, not the government.
With some sober second thought, the Senate can continue to be sa国际传媒鈥檚 effective chamber of sober second thought.
