June 29, 2006

Charlottetown Senator Percy Downe in a speech this week in the Senate argued that Bill S-4 requires a Constitutional amendment and cannot be implemented unilaterally by the Federal Government.

The federal government should seek guidance from the Supreme Court of Canada and withdrawal Bill S-4 until the Supreme Court gives a ruling, says Senator Downe.

At issue is a bill to limit the terms of service for all future Senators to eight years.

In his speech, Senator Downe said “neither the federal nor the provincial governments should approve or amend the Constitution simply to suit its own purpose.

“The Constitution of Canada is the fundamental principle upon which Canada is governed. It is important to remember that constitutional government exists only when all the rules are followed consistently. On the other hand, arbitrary government exists when rules and laws are altered only to suit the government’s own purpose,” the Senator said in his speech.

Instead of taking a piecemeal approach to reform, Senator Downe urged a more comprehensive route.

“If Prime Minister Harper wants to change the Senate, he should withdrawal the current bill and follow the example of British Prime Minister Tony Blair and commission a white paper and a Royal Commission. Canada deserves a better effort from the Government. Prime Minister Harper should go back to the drawing board and re-think what his Government and Canadians want from their Canadian Senate.”

In making his case for a Supreme Court reference, Senator Downe said “it is well understood that the courts have the authority to interpret the Constitution, and to resolve conflicts between provincial and the federal government.

“Additionally, the courts, can provide an external check and safeguard against excessive concentration of power in the hands of the Prime Minister”, concluded Downe.