An Elected and Effective Senate is a Terrible Idea

Constitutionally senators have all kinds of power and every once in a blue moon the Senate has stalled major pieces of legislation (e.g., free trade and the GST). However the aforementioned instances of stalling are so rare they are the exceptions that prove just how "ineffective" the senate truly is. Moreover, no senate I can think of has pursued a legislative agenda of its own accord; opposing legislation is one thing; purposing legislation is quite another. The reason the senate is not an "effective" body is that senators are not elected and as such lack legitimacy. Furthermore, senators are members of legitimate federal political parties and the parties that they belong to are loath to have their unelected members exercise real authority least their actions undermine the party. Finally, the fact that it is the ruling federal party and not, say, provincial governments that appoint senators defines a clear pecking order, with the Senate answerable to the House.

Harper, of course, wants to reform the Senate. Being unable to reform the Senate in one fell swoop, Harper has proposed electing Senators piece meal. Under the Conservative plan, new senators would be elected and would be limited to serving out a 8 year term. The elephant in the living room is that if the senate's lack of effective powers flows from the senate's lack of legitimacy, then electing senators might provide the senate with a degree of legitimacy it currently does not hold. One problem with proceeding thusly is that current senators are free to serve until the age of 75. As a result, Harper's actions could either transform an unelected political body with no real power into a largely unelected political body with real political power or commit Canadians to the farcical and expensive act of electing people to office who hold no real power. Always content to play the Tin Man and Lion to Conservatives scarecrow, the Liberals remain largely mum on the subject.

Setting aside problems associated with implementation, is the cause of democracy even served by reforming the Senate? Well, the Reformers always held that the regions needed more say and an “equal” “effective” and “elected” senate is the best way of achieving a balance between population centers in Eastern Canada and the rest of us. However, such a conception, and for that matter an "effective" version of the current senate, does not stand up to scrutiny. The problem is fivefold.

First such an argument rests on a false contrast; seats in the House of Commons are supposed to be assigned on basis of population, but in actuality that is not the case. Consider the 905. There are currently 4 plus million living in the 905 and there are currently 32 seats for an average of just over 127,000 people per riding. There are 6 ridings with over a 140,000 people in the 905, Bramalea - Gore - Malton (152,698) Brampton West (170,422) Halton (151,943), Mississauga - Erindale (143,361) Oak Ridges - Markham (169,642) and Vaughan (154,206). By contrast there are 4.5 million people in Sask, Man, NWT, Nuv, Yuk, PEI, NS, NFLD, and NB and there are 62 seats for an average of 72,000 people per riding. Moreover, there is but one riding in the 9, Selkirk Interlake (90,807), with over 90,000 people. Given current growth trends, the 2011 census might show there to be more people in the 905 than the aforementioned provinces and territories. Given population growth, Harper would have to give Ontario alone another 70 seats to make things half way equal.

Second, the people living in Canada’s less populated provinces have a mechanism to assure that regional concerns are addressed; it is called provincial jurisdiction and provincial representation. By the very nature of living in a province with a small population, the 135,851 people in PEI have plenty of ways of addressing regional concerns that are not available to, for example, the 136 470 people living in Mississauga - Brampton South.

The third reason is that while one person one vote is bedrock principle of any democracy, one province one senate vote is something else entirely. People, not provinces, deserve equal representation. A province is no more or less than the people that make up that province. Giving the 135,851 in PEI the power to determine everything under provincial jurisdiction, provincial representation and 4 MPs well all the while giving the 170, 422 residents of Brampton West one MP is bad enough as it is. Piling on and giving the 135,851 people in PEI the same number of “effective” senators, as per the American Triple E Senate model, as 12,160,282 Ontarians is beyond stupid and grossly undemocratic. Equally silly is having one "effective" Senator for every 72,997 New Brunswick residents (10 senators in total) versus one Senator for every 685, 581 BC residents (6 senators in total). And that is what the current configuration gives us.

Four, as Benjamin Franklin put it, having two equally matched houses makes as much sense as tying two equally matched horses to either end of a buggy and having them both pull. Having two houses is not only a lobbyists dream, it is a recipe for political gridlock and pork barrel politics. The only thing that would be worse is if one needed 60% of the votes in the senate to overcome a filibuster.

Five, leaving aside the fact that no province has a second chamber, most having abolished them long ago, and that there are numerous examples of unicameral nation states (e.g., New Zealand, Denmark, Finland, Israel, Sweden, Iceland, Liechtenstein, South Korea and Portugal), we already have a de facto unicameral state as it is -- just ask the supporters of a Triple E senate. After all, one can not argue on the one hand that the current senate is undemocratic and so contributes to the "democratic deficit" and on the other hand argue that the senate is “ineffective”. A body that adds nothing to the genuinely "effective" process can not take away anything either.