Richard Anderson explains why unlike most mature countries, Canada is unable to amend the constitution:
The Senate is our great constitutional appendix. It gets a bit inflamed from time to time but, a hundred and fifty years in, we’ve generally come to the conclusion that it’s too much of a hassle to get rid of. In other countries, normal nation states, amending a constitution is just one of those things. There’s a convention, people argue about it and eventually some words get swapped in and out of the country’s basic law. The Americans might go so far as to fight a civil war over such things, but for most countries it’s routine stuff.
Having successfully avoided civil wars, insurrections, coup d’etats and other assorted public disturbances, the Canadian project has retained one bizarre character flaw: Our inability to amend the constitution in anything like a sensible manner. For those old enough to have lived through the constitutional wars of the 1970s and 1980s the very mention of the C-word induces terrible flashbacks. Sometimes when I close my eyes I can see Joe Clark talking about amending formulas. In those moments I question the existence of a merciful God.
The latest idea to drift out of the PMO is that Stephen Harper will stop appointing Senators. This is actually quite similar to how the PM approaches maintenance on 24 Sussex Drive. The official residence is almost as old as Canada itself. Unfortunately so is much of the plumbing. The building is literally falling to bits and requires millions in renovations. Being a politician first and a government tenant second, Stephen Harper knows that doing more than the bare minimum to keep up his Ottawa home will provoke shrieks of outrage from the Opposition. Only when the building finally collapses will anything really be done. And at three times the original price.
This same logic will now be applied to the Senate. The PM will stop appointing senators until there is no more Senate. Sounds neat, eh? Except that the Senate is ensconced into the bedrock of our constitutional order. If the number of living breathing Senators drops below quorum the Supreme Court, the real rulers of our fair Dominion, will order the PM to appoint more. Then the PM of the day, perhaps Mr Harper or Mr Mulcair, will shrug their shoulders and do as their bosses tell them.
The only way to get rid of the Senate is to amend the constitution. Like going to the dentist this would be both painful and expensive. Unlike going to the dentist it would also be interminable. Dentists, you see, have golf games. Constitutional lawyers don’t play golf. It would interrupt from their fascinating work of discussing whether or not the power of disallowance is genuinely obsolete. If you don’t understand what that means don’t worry neither do they.
