While this story has attracted lots of media coverage, it is a small part of a much larger issue. An ongoing investigation by the Auditor General of expense claims of Senators has apparently turned up inappropriate claims by some 40 members of the Upper Chamber. In at least a few instances, Senators may have improperly billed more than $100,000. The Senate has long operated on an honour system, under which Senators claimed expenses without providing any documentation. It seems obvious that this approach has not been sufficient, at least in the case of a substantial number of Senators.
The Important Role of the Senate
Even more regrettable than the apparent ethical lapses on the part of some Senators, however, is the fact that cries for abolition of the Senate are now increasingly prevalent. This latest scandal seems to have persuaded many Canadians that the Senate is useless and should no longer exist. But the Senate does play an important role in our system of government and that should not be forgotten in the current clamour over dubious expense claims.
The Senate’s greatest value is, and always has been, in providing a sober second thought with respect to the actions taken by the House of Commons. As I have written elsewhere, there have been a number of occasions over the past three decades in which the Senate has opposed, delayed, and sometimes defeated bills that had been passed by the Commons. Some may argue that such actions are obstruction from a non-elected body lacking legitimacy. But the Senate’s authority to refuse passage of a bill from the Commons can be seen as a potential safeguard, forcing the Commons to reconsider a bill that may have been passed in haste after a cursory or extremely partisan examination. Indeed, proper examination of a bill by the House of Commons may soon be a thing of the past. Majority governments not only have the votes to pass any legislation but also have, in recent years, increasingly resorted to omnibus bills and mandatory termination of debate (closure) to thwart opposition efforts to provide proper scrutiny. Whatever its faults, the Senate at least offers the possibility that legislation may receive much needed scrutiny.
Calls for Abolition are Futile and a Dangerous Distraction
Even if you don’t agree that the Senate plays an important role in our system of government, calls for its abolition are futile. The Supreme Court has ruled that the consent of all 10 provincial legislatures is required to abolish the Senate and such unanimity will never arise for a number of reasons. Even substantial reform – such as moving to an elected Senate – would require the approval of at least seven provinces whose combined populations represent at least half of the population of Canada. Agreement of this magnitude is also most unlikely.
Public unhappiness with the Senate and demands for its abolition will doubtless continue in the coming months in response to the ongoing media circus that will attend the trial of Senator Mike Duffy. Interest in the fall from grace of a once prominent and popular broadcaster is understandable. But it is unfortunate that the media and the public don’t pay more attention to the continuing decline in Canadian democracy – a subject of far greater importance to all of us than the eventual fate of Senator Duffy. Columnist Susan Delacourt describes the Senate (and its notoriety) as “a shiny object – a distraction from the real, substantial problems in the House of Commons and our democracy itself.” With the next federal election rapidly drawing near, we need Canadians to start paying far more attention to the downward spiral of Canadian democracy and to demand a commitment to democratic renewal from those parties and politicians seeking our support.