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The Canadian Senate: Politics and The Constitution

Published online by Cambridge University Press:  01 August 2014

Henry S. Albinski*
Affiliation:
Pennsylvania State University

Extract

“… [M]ost Canadians who are aware of the subject,” says the author of a recent essay, “feel that the [Canadian] Senate has outlived its usefulness and has become a superfluous appendix to the political system. Indeed, the prestige and authority of the Senate has probably fallen to its lowest level in Canadian history.” Considering the disparagements which have been tossed at the Senate, the allusions to “… genial old gentlemen who … live on, undisturbed, meeting a few weeks in the year, bumbling and grumbling at the government, making a few good speeches, and drawing an annual indemnity [now $10,000] for less work than any other citizens of Canada,” this was a restrained indictment. Nevertheless, in 1961 and early 1962, the Senate was also being extolled in some quarters as the keeper of Canada's conscience. Yet others saw it as a crafty player of rank politics and as an infringer on constitutional propriety. The Prime Minister threatened Senate reform and the injection of Senate misbehavior as an election issue. The Senate had seemingly come to life, and in so doing thrust itself into the center of Canadian political controversy. The purpose of this article is to examine the problems surrounding the position of the Senate in the Canadian political system, through an analysis of the agitated discussions of 1961-62.

Type
Research Article
Copyright
Copyright © American Political Science Association 1963

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References

1 Turner, John N., “The Senate of Canada- Political Conundrum,” in Clark, Robert M., ed., Canadian Issues, Essays in Honour of Henry F. Angus (Toronto: University of Toronto Press, 1961), p. 57Google Scholar.

2 Hutchison, Bruce, The Unknown Country. Canada and Her People (New York, 1942), p.[82Google Scholar.

3 These and subsequently cited data regarding the composition of the Canadian Parliament have been drawn from Normandin, Pierre G., ed., Canadian Parliamentary Guide 1962 (Ottawa: Published with the patronage of the Parliament of Canada and of the legislatures of the various provinces, 1962)Google Scholar, passim.

4 The statement is contained in Canadian House of Commons Debates, 12 20, 1960, pp. 9991017Google Scholar.

5 Canadian Senate Debates, 05 30, 1961, pp. 743744Google Scholar.

6 Ibid., May 10, 1961, p. 637.

7 Ibid., May 3, 1961, p. 587.

8 Ibid., May 9, 1961, pp., 614 ff.

9 McKay, Robert A., The Unreformed Senate of Canada (London: Oxford University Press, 1926), p. 51Google Scholar. For a full discussion of the original intentions relating to the Senate, see McKay's, chapter “The Intentions of the Fathers,” pp. 3251Google Scholar.

10 House of Commons Debates, 01 20, 1908, pp. 15731574Google Scholar. For discussions of the partisan character of Senate appointments, see McKay, op. cit., pp. 173-192; Dawson, Robert MacGregor, The Government of Canada (3d ed; Toronto: University of Toronto Press, 1957), pp. 332337Google Scholar; Turner, loc. cit., pp. 69-71; Hambleton, George, The Parliament of Canada (Toronto: Ryerson Press, 1951), p. 60Google Scholar.

11 Normandin, op. cit., passim.

12 See especially Macdonald, W. Ross, Leader of the (Liberal) Opposition, Senate Debates, 06 14, 1961, pp. 835836Google Scholar.

13 Ibid., May 10, 1961, p. 638.

14 Ibid., May 3, 1961, p. 589.

15 Hopkins, E. Russell, How Parliament Works (Ottawa: Queen's Printer, 1962), p. 22Google Scholar.

16 See Senate Debates, 03 23, 1927, esp. pp. 131158Google Scholar. The gist of this debate is reproduced in Dawson, Robert MacGregor, Constitutional Issues in Canada, 1900-1931 (London: Oxford University Press, 1933), pp. 253259Google Scholar.

17 Russell, Peter, “The Role of the Senate,” TorontoGlobe and Mail, 07 14, 1961Google Scholar.

18 Dawson, , The Government of Canada, p. 346Google Scholar.

19 Standing Orders of the House of Commons, no. 63. My italics.

20 Canadian Senate Journals. Report of the Special Committee Appointed to Determine the Rights of the Senate in Matters of Financial Legislation, 1918. For background material on the Report, see Hopkins, E. Russell, “Financial Legislation in the Senate,” Canadian Tax Journal Vol. 6 (09–October, 1958), pp. 322323Google Scholar.

21 Report of the Special Committee, p. 3.

22 Corry, J. A. and Hodgetts, J. E., Democratic Government and Politics (3rd ed; Toronto: University of Toronto Press, 1959), p. 344Google Scholar. A propos Senate behavior on financial legislation, see McKay, op. cit., pp. 109-115; Dawson, , Government of Canada, pp. 348349Google Scholar; Hopkins, , “Financial Legislation,” pp. 320325Google Scholar.

23 See ibid., pp. 323-324.

24 See, for instance, Roebuck, Arthur W., Senate Debates, 05, 10, 1961, pp. 637638Google Scholar; Paul H. Bouffard, ibid., May 10, 1961, p. 647; L. M. Gouin, ibid., May 11, 1961, pp. 655-658; Arthur Connolly, ibid., May 25, 1961, p. 722.

25 Canadian Senate Journals. Proceedings of the Standing Committee on Banking and Commerce, no. 1, May 31, 1961, and no. 2, June 7 and 8, 1961.

26 For the final Committee deliberations on recommending an amendment, see ibid., no. 2, pp. 147-155.

27 See especially Aseltine, Walter M., Senate Debates, 06 14, 1961, p. 835Google Scholar, and William R. Brunt, ibid., June 14, 1961, p. 837.

28 Ibid., June 14, 1961, p. 837.

29 House of Commons Debates, 07 6, 1961, pp. 76117613Google Scholar.

30 See, for instance, Pearson, ibid., July 6, 1961, pp. 7614-7616, and G. J. Mcllraith, ibid., July 6, 1961, p. 7627.

31 Ibid., July 6, 1961, p. 7626.

32 Senate Debates, 07 8, 1961, pp. 10561058Google Scholar. For a discussion of the legal and constitutional position of the Bank of Canada and its Governor, see Gordon, H. S., “The Bank of Canada in a System of Responsible Government,” Canadian Journal of Economics and Political Science, Vol. 27 (02, 1961), pp. 122Google Scholar.

33 Macdonald, W. Ross, Senate Debates, 07 8, 1961, pp. 10601061Google Scholar.

34 Ibid., July 8, 1961, pp. 1064-1065.

35 Ibid., July 8, 1961, pp. 1069 ff.

36 Lionel Choquette, ibid., July 10, 1961, p. 1103. Also see Walter M. Aseltine (Leader of the Government), ibid., July 10, 1961, p. 1094.

37 W. Ross Macdonald, ibid., July 12, 1961, p. 1126. Also see his remarks of July 11, 1961, pp. 1110-1111.

38 Ibid., July 10, 1961, pp. 1096-1097, 1099.

39 See Canadian Senate Journals. Proceedings of the Standing Committee on Banking and Commerce, no. 1, July 10, 1961; no. 2, July 11, 1961; no. 3, July 12 and 13, 1961. For Coyne's own summation, see no. 3, pp. 203-206.

40 See Hugessen, A. K., Senate Debates, 07 13, 1961, p. 1131Google Scholar.

41 Ibid., July 13, 1961, p. 1133.

42 Ibid., July 12, 1961, pp. 219-222. Also see the remarks of Leon Methot, ibid., July 13, 1961, esp. pp. 244-245. It has been suggested that Liberal Senators might have been more inclined to support the Government's bill had Thorvaldson not delivered his indictment, whose main effect was to solidify the Liberals. See Gray, Walter, “The Senators Shook Off the Dust,” TorontoGlobe and Mail, 07 14, 1961Google Scholar. For a review of the substantive issues raised in the Coyne controversy, see Baiden, R. M., “What the Coyne Affair is All About,” Saturday Night, Vol. 76, no. 15 (07 22, 1961), pp. 1116Google Scholar.

43 Meighen, Arthur, “The Canadian Senate,” Queen's Quarterly, Vol. 44 (Summer, 1937), p. 162Google Scholar.

44 For discussions of the Senate enlargement question, see Forsey, E. A., “Appointment of Extra Senators Under Section 26 of the British North America Act,” Canadian Journal of Economics and Political Science, Vol. 12 (05 1946), pp. 159167CrossRefGoogle Scholar, and McKay, op. cit., pp. 39-42.

45 See the comments in Macdonald, Bruce, “Will the Senators Precipitate an Election?TorontoGlobe and Mail, 05 12, 1961Google Scholar.

46 House of Commons Debates, 09 27, 1961, pp. 90219022Google Scholar. Also see Fleming, ibid., September 28, 1961, p. 9091.

47 Cited in Toronto Globe and Mail, 11 3, 1961Google Scholar.

48 See Walter Gray, “Will PM's Reform Remove All Senators Over 80?” ibid., December 5, 1961.

49 Cited ibid., January 16, 1962.

50 Senate Debates, 01 18, 1962, p. 2Google Scholar.

51 House of Commons Debates, 01 22, 1962, p. 39Google Scholar.

52 See especially Baird, A. B., Senate Debates, 02 13, 1962, pp. 140141Google Scholar.

53 House of Commons Debates, 01 22, 1962, p. 63Google Scholar.

54 See Toronto Globe and Mail, 04 9, 1962Google Scholar.

55 House of Commons Debates, 04 9, 1962, pp. 26072608Google Scholar.

56 Senate Debates, 04 11, 1962, p. 489Google Scholar.

57 Toronto Globe and Mail, 04 18, 1962Google Scholar.

58 Ibid., May 19, 1962.

59 Sessional Paper no. 69. Dominion-Provincial Conference, 1927. Official Precis. 11 3, 1927, pp. 1011Google Scholar.

60 See Turner, loc. cit., pp. 78-79.

61 Toronto Globe and Mail, 04 9, 1962Google Scholar.

62 Noted in Hopkins, , “Financial Legislation,” p. 325Google Scholar.

63 See Forsey, Eugene, “Mr. King and Parliamentary Government,” Canadian Journal of Economics and Political Science, Vol. 17 (11, 1951), p. 454CrossRefGoogle Scholar.

64 Macdonald, Bruce, “Will Senility Kill Canada's Senate?TorontoGlobe and Mail, 04 29, 1961Google Scholar.

65 Kennedy, W. P. M., Some Aspects of the Theories and Workings of Constitutional Law (New York, 1932), p. 107Google Scholar.

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