Senate & Senate Reform
Haste Makes Waste
Posted By Senator McCoy Feb 15 2008 11:00AM

Yesterday, the government's representatives in the Senate brought forward a motion pre-empting hearings and debate, saying the Senate "intends to pass" their crime bill by March 1st,. In speaking to the motion, Senator Tkachuk's main argument seemed to be an urgent need for the legislation. He failed, however, to explain the basis for such a claim. No one denies that Bill C-2 is important. The real issue is due process, given the Prime Minister's ultimatum delivered earlier this week.

 

What no-one is saying is that the proposed bill may not be perfect. I've received countless emails from Canadians wanting a second look at some components of the legislation. They deserve to be heard. Rather than spending our time focussing on due consideration of the bill, however, we're being distracted by pressure tactics.

Still to come is debate on two other motions. One was put forward by Liberal Senator Hervieux-Payette. The other is a motion I put forward. Both motions address the Senate's independence. As I said in my motion,

... in the words of Lord James Bryce, echoing John Stuart Mill: ``The chief advantage of dividing a legislature into two branches is that one may check the haste and correct the mistakes of the other''; ... one of the fundamental privileges of both houses, as conferred on them by the Parliament of Canada Act, is to prevent any interference with its deliberations and proceedings.

Parliament is now recessed for a week, although the Senate's committee has extended its normal schedule in order to sit all next week in hearings on Bill C-2. That's the real work of the Senate. The ultimatum is mere political posturing. Unfortunately, rather than speeding things up, it has done nothing more than impede progress on other important issues currently before us.


Comments
Posted On Feb 19 12:26PM   
crownviccanada
The Senate should not be forced to pass this bill in any given timeframe. If the House took its time with it, then the Senate should be able to deal with it in more than a few weeks. The opposition in the Senate has the majority, so it should take its time. I also think the Senate should give serious consideration to defeating this foolish bill. There is no need for it. Crime is decreasing in Canada. Crime directed at average citizens is rare. There is no evidence to suggest that longer times in prison create safer communities. The USA has more people in jail than anyone and a number of states still have the death penalty and their crime rate is out of control. The bill has no public policy basis. The Senate should also be leery of sending more people to jail based on the testimony of the Correctional Investigator of Canada at the Senate legal committee who noted that there seems to be something wrong with who ends up in jail in Canada. For example, only 3% of Canadians are Aboriginal but they make up 20% of the prison population. What do the Conservatives want, Canadian prisons full of people when there is  no proof that longer sentences deter crime at all. That's silly, defeat the bill - by March 1st if you like.

Posted On Feb 17 10:37PM   
runesmith

"While both may be overstepping, it will ultimately be the Senate which will look bad in both cases."

 That is the point of this whole excercise, isn't it?  It's a standard Conservative  tactic: create the public perception of a non-existant crisis, then use that to conveniently do away with whatever institution the people have been made to think has created the problem - the Senate, the Wheat Board, the CNSC, etc.

And since no one else is going to, I'd like to point out that the previous Liberal Prime Minister was the first PM of either party for the last Gods only know how long to actually appoint Senators from outside his own party.

 Might we expect the same from Mr. Harper? 


Posted On Feb 16 06:44PM   
Andrew

Actually Killer Bonsai, all the Prime Minister is actually doing with that motion is threatening the Liberal senators with taking C-2 to the electorate and letting them decide whether the Senate has been dragging it's feet for the last year and a half or not.  Net result?  The good Senators will look like obstructionists and the case would be made during the election campaign that there is no reason to fear a majority for the Conservatives.

On the Senate motion, the House of "Sober Second Thought" is trying to circumvent the Prime Minister's right as head of the democratically elected government to give advice to the Governor General as to who should sit in the Senate.  He is waiting for the provinces to give him that advice via an election of senators.  Perhaps the Senate should have worded that motion to urge the Governor General to discuss the matter with the Prime Minister rather than urging the Governor General to circumvent the Prime Minister altogether? 

While both may be overstepping, it will ultimately be the Senate which will look bad in both cases - proving that they can get things done if they want to, while proving that they are only concerned with working with a Liberal government and obstructing a Conservative one.  Neither is good optics for the Liberal party during an election.


Posted On Feb 16 06:40PM   
Andrew

Actually Killer Bonsai, all the Prime Minister is actually doing with that motion is threatening the Liberal senators with taking C-2 to the electorate and letting them decide whether the Senate has been dragging it's feet for the last year and a half or not.  Net result?  The good Senators will look like obstructionists and the case would be made during the election campaign that there is no reason to fear a majority for the Conservatives.

On the Senate motion, the House of "Sober Second Thought" is trying to circumvent the Prime Minister's right as head of the democratically elected government to give advice to the Governor General as to who should sit in the Senate.  He is waiting for the provinces to give him that advice via an election of senators.

 While both may be overstepping, it will ultimately be the Senate which will look bad in both cases - proving that they can get things done if they want to, while proving that they are only concerned with working with a Liberal government.  Neither is good optics for the Liberal party during an election.


Posted On Feb 16 01:52PM   
Seebe

Re: Comment asking what happened to the Senate Reform Bill?  

Didn't that die on the order paper when the PM prorogued parliament? 

Granola mom wanting to make the world a better place for her children.

Posted On Feb 16 01:49PM   
Killer Bonsai
Horny Toad - LOL!   He could indeed appoint more conservative Senators.

Posted On Feb 16 11:59AM   
Horny Toad

Killer Bonsai.

 

Well I guess Harper could always do what Crutob did. Just add more conservative senators until you have a majority.

Now that would be constitutionally.

 

Horny Toad 


Posted On Feb 16 11:20AM   
Killer Bonsai

Horny Toad - your point is a little tenuous, there is a legislative process that needs to be followed.  No one has denied the bill is important, but it would also be irresponsible to ignore all other legislation and please note that the Legal committee is sitting all next week to study the bill and hear the perspective of those who do not favour components of the bill

Andrew, the Senate is asking the GG to fulfill her constitutional duty, where the PM is threatening the Senate to do what he wants on the presumption the bill is perfect. 


Posted On Feb 16 10:55AM   
BCer

John Stuart Mill: ``The chief advantage of dividing a legislature into two branches is that one may check the haste and correct the mistakes of the other''; ...

Senator: Please note that JS Mill said nothing about one branch of the legislature being being elected and accountable while the other branch is made up of political appointees being rewarded for their partisan activities and accountable to no one.

Please take your appointed colleagues of all political stripes and do the honourable thing ................ disappear forever.


Posted On Feb 16 10:32AM   
Andrew

Senator McCoy, perhaps you can enlighten me.  You feel that the Prime Minister is overstepping by passing a motion in Parliament requiring that the Senate pass legislation which first passed the house in October 2006, died when the prorogue happened last summer, and then was reintroduced and passed last December by Parliament.

 How do you reconcile his overstepping with the Senate's overstepping in asking the Governor General to appoint senators without the input of the Prime Minister?  It's my understanding that your Prime Minister, the person more accountable to the electorate than you are, is merely waiting on input FROM that electorate on who to appoint to the Senate via an election.  Please explain how the Senate's overstepping isn't more egregious than his?

 

Thanks


Posted On Feb 16 12:03AM   
Horny Toad

'Unfortunately, rather than speeding things up, it has done nothing more than impede progress on other important issues currently before us. "

I can certainly  see where  "Bill C-42, An Act to amend the Museums Act" is more important than a crime bill.

 

Canadians have been "begging" the government to do someting-anything-to combate the crime waves sweeping our country. I live near

Vancouver 

and hardly a week goes by that some gang member hasn't either been shot or shot an innocent bystander..

So please don't treat me like a fool by insinuating that the Museum Act is more important.

 

It seems to me that this foot dragging has been going on since last summer.

 

And speaking of foot dragging what ever happened to the government bill proposing senate reform. 


Posted On Feb 15 04:15PM   
olivia
Barich, you may well be right.  But what's the rush?  I don't see any problem with letting more Canadians being heard on the subject, and I don't know why we can't just be patient while the Senate gets on with doing its job.

Posted On Feb 15 04:11PM   
Barich

It is the prime ministers job to do what is best for Canadians.  The difficult thing about being a GOOD leader is that you have to decisions that are unpopular.  I see this as the PM fighting tooth and nail for the safety of Canadians.


Posted On Feb 15 04:08PM   
Seebe
I am so tired of the bullying.  It is too bad that Dion is busy cowering in the corner.  It would be a great time for him to get out, demonstrate leadership and take down the gov.
Granola mom wanting to make the world a better place for her children.

Posted On Feb 15 01:24PM   
PenGwen

I for one do not think that the bill should pass.  I do not think that we should raise the age of consent.  So not, it is not perfect.  It is very American and look at the crime there!

 


Posted On Feb 15 01:18PM   
selim
Like most bullying tactics, no one's purpose is served except the bully's.  The annoying thing is that it takes so much time.