Changing The Canadian Constitution History Essay

Historically, the Constitution Act of 1867 played the important function in the societal and political development of Canada. At the same clip, the Constitution Act of 1867 laid the foundation to the contention in the modern-day political system of Canada because this act raised the job of the unequal representation of people populating in different parts of Canada in Canadian Parliament. In this respect, the development of legislative norms and regulations modulating the political system, election and operation of the House of Commons and Senate of Canada revealed the necessity to alter the bing political system to carry on the reform of Canadian Constitution along with the Parliament reform in Canada. However, the aforesaid reform evokes rather controversial positions in Canada. On the one manus, some Canadians support the reform because they feel being underrepresented in the political life of the state. On the other manus, some Canadians argue that the bing political system and Constitution are effectual and maintain stableness in the society, whereas the debut of alterations and the reform of Canadian Constitution along with the reform of the legislative Acts of the Apostless modulating elections and operation of the House of Commons and Canadian Senate can destabilise the state of affairs and sabotage the political and societal stableness in Canada. However, it is obvious that the current state of affairs can non stay being unchanged because states enduring from economic retardation and low population denseness suffer from underrepresentation in Canadian parliament, whereas the political and Constitutional reform could alter the state of affairs for better and grant Canadians with equal representation in the House of Commons and Canadian Senate.

On analysing the chance and possible effects of the Constitutional reform on Canadian democracy and the representation of Canadians in Canadian Parliament, it is necessary to brood upon the historical background of the development of statute law refering Canadian Parliament, both the House of Commons and Senate. At this point, it is deserving adverting the fact that Canadian statute law in this respect was grounded on the British statute law: the preamble of the Constitution Act 1867AA sets out the determination of the federating states to follow a fundamental law “ similar in rule to that of the United Kingdom. ” ( The Senate of Canada, 2001 ) . In such a manner, the Constitution Act of 1867 mirrored the British statute law and, therefore, it laid the foundation to the contention in the political system of Canada. To set it more exactly, the Constitution Act of 1867 laid the foundation to the underrepresentation of people of Canada in the national Parliament.

In this respect, it is possible to explicate the underrepresentation of people in the Parliament by several grounds. First, the Constitution Act of 1867 was based on British legal norms and criterions. Therefore, Canadian Parliament was a priori a mere contemplation of British Parliament:

two Houses of Parliament were patterned after those of Britain, with two knowing exclusions merely: as a immature state without an nobility, Canada ‘s upper chamber could non be occupied by familial equals, but instead would house maturate work forces ( and, some clip subsequently, adult females ) of diverse experience summoned by the Governor General on the recommendation of the Prime Minister ; and secondly, the chief geographic parts of Canada would be represented every bit. ( The Senate of Canada, 2001 )

At this point, it is deserving adverting the fact that British Parliament consisted of the House of Commons and the House of Lords. The latter was non elected by people but appointed by the sovereign. This theoretical account was extrapolated on Canada and Canadian Parliament that really caused the underrepresentation of people and states in Canadian Parliament.

Second, Canada and its political and administrative system changed and evolved in the class of clip. To set it more exactly, new states appeared every bit good as the position and attitude to Quebec changed in Canada. As a consequence, the administrative system needed the debut of alterations in the bing theoretical account of Parliament in Canada. Naturally, these alterations provoked heat treatments and states and communities that had small influence on the political life of Canada remained underrepresented in Canadian Parliament, particularly Senate. In fact, such underrepresentation has persisted throughout the history of Canada till present yearss:

AA the four chief parts of Canada – the Western states, Ontario, Quebec and the Maritime states — are every bit represented with 24 senators each. The balance was slightly skewed when Newfoundland became a State of Canada in 1949 and six more ( maritime ) senators were appointed. The Yukon and Northwest Territories were each granted one Senate representative in 1976 and Nunavut received a representative in 1999, for a current sum of 105. ( The Senate of Canada, 2001 ) .

At this point, it is possible to emphasize the inequality of states and their representation in Canadian Parliament ( See App. Table 2 ) . In this regard, the representation of states in Canadian Parliament, particularly Senate was grounded on the expression, which many specializers ( Buckner, 2008 ) criticized badly. In fact, the unequal representation of states in the Parliament provoked the inequality in engagement of population of states in the political life. Obviously, the population of states, who had one senator, was and still is in an inferior, disadvantageous place compared to the population of states, who had 24 senators. Senators focused on demands and involvements of their states because it is the population of their states that elected them. Naturally, such a state of affairs provoked the inequality between states. In patterns, the political underrepresentation of some states, enhanced their socio-economic retardation and contributed to the flee of the population to states, which were better represented in the political life of the state and which could protect their political and socioeconomic involvements more efficaciously compared to underrepresented states. At this point, it is deserving adverting the fact that the political underrepresentation led to the economic retardation of Canadian states underrepresented in the political life of the state.

Naturally, the political underrepresentation and socioeconomic retardation increased the hazard of struggles between states that could endanger to the integrity of the full state. What is meant here is the fact that some states could get down fighting for independency as did Quebec in response to the favoritism and underrepresentation. In this respect, the hazard of the ruin of Canada as a province was high and this hazard has persisted since the foundation of the state. In such a state of affairs, the debut of alterations in the bing legislative norms and regulations and in Canadian Constitution Act of 1867 were indispensable to forestall struggles between states and to keep societal stableness and normal development of the state. Hence, many efforts to reform the Parliament in Canada were undertaken ( See App. Table 1 ) . As the affair of fact, all these efforts aimed at beef uping democracy in Canada through widening the representation of people and states in Canadian House of Commons and Senate. The addition of the political representation and, what was even more of import, the debut of the just representation of states and people in Canadian Parliament were the primary concerns of politicians, who launched Constitutional reforms in Canada.

In the class of Canadian history, many efforts to reform Canadian Parliament and Constitution were undertaken but with the small success. The argument on the political and constitutional reform in Canada persists today. At this point, it is of import to understand that the primary of the reform should be the proviso of Canadian population with the possibility of equal representation in the House of Commons and Senate. In actuality, the reform was and still is indispensable and till present yearss there is no ideal solution to the job of the underrepresentation of the population in Canadian Parliament.

In fact, specializers ( Rowe, 1988 ) point out that the development and debut of the political reform can beef up democracy in Canada, whereas disregarding this job will take to the consistent impairment of the state of affairs in Canada. In this respect, specializers individual out several jobs that can endanger to Canada, in instance of policy shapers ignore the job of underrepresentation of the population and states in Canadian Parliament. First, specializers ( Buckner, 2008 ) insist on the hazard of beef uping of breakaway tendencies. Canada suffers from the job of segregation in Quebec, whereas the ignorance of the underrepresentation of states with the smaller population can arouse the parade of separationist motions in these states because the local population grows dissatisfied with their inferior place in the political life of the state. Peoples feel being alienated from the political life of Canada. For case, the population of states that has merely one senator does experience being underrepresented. Naturally, people feel that they can non be represented on the equal land compared to other states. Furthermore, they believe that the Parliament and federal authorities does non pay much attending to their jobs. Alternatively, people populating in underrepresented states start believing that the Government and the Parliament are focused wholly on demands of taking states. The economic disparity between states increases the dissatisfaction of underrepresented states with their position and place in Canada and in the political life of the state. In fact, the local population starts believing that their involvements are wholly ignored. Hence, they do non experience being a portion of Canada. In such a state of affairs, breakaway thoughts emerge. Specialists ( Niemczak, 1992 ) warn that, if the economic state of affairs in underrepresented states starts deteriorating systematically, the local population will be likely to turn toward extremist, breakaway thoughts. As a consequence, Canada disregarding the job of underrepresentation of some states and population in the House of Commons and Senate can acquire a job of several Quebecs, whereas the separation of at least one disgruntled state is likely to take to a concatenation reaction and entire ruin of Canada as united state.

On analysing possible ways to the solution of this job, specializers ( Clarke, 1998 ) suggest to concentrate on the root of the job. In this respect, many specializers ( Clarke, 1998 ) point out that it is the British theoretical account of Parliament that is the primary cause of the political underrepresentation of the population and states. The political theoretical account and the theoretical account of Parliament bing in Great Britain can non be applied to Canada to the full extent. What is meant here is the fact that Britain attempted to continue its control over Canada and the Constitution Act of 1867 every bit good as farther legislative ordinances refering the House of Commons and the Canadian Senate were developed in the context of the British political domination over Canada, even if this domination remained a sheer formality. In other words, the bing statute law efforts to keep the position quo, in footings of which the British sovereign remains a caput of the province and appoints the governor of Canada, whereas people of Canada are officially under the regulation of the British sovereign. In such a state of affairs, it is rather natural that involvements and demands of the population of Canada and Canadian states are, to a important extent, ignored. Otherwise, the British sovereign could non keep even the formal control over and power in Canada.

Obviously, the bing political system that affects, if non to state provokes, the underrepresentation of a considerable portion of Canadian population, is antediluvian and out of day of the month. Therefore, specializers ( Niemczak, 1992 ) suggest altering the bing political system to the extent that some specializers ( Niemczak, 1992 ) insist on the necessity to decline from the monarchy in Canada and utilize the traditional republican theoretical account, where all states and the full population will liberate and unbound to the monarchal political system, which exists today in Canada. At first glimpse, the refusal from monarchy does non convey any positive, significant effects on the political underrepresentation of the population and states in Canadian Parliament. The refusal from monarchy may alter the political position of Canada but the Senate and the House of Commons will still necessitate significant, qualitative reforms to supply underrepresented states and their population with the possibility to acquire equal representation in the House of Commons and the Canadian Senate. At this point, the refusal from monarchy will necessitate the farther Constitutional reform and political reform refering the House of Commons and the Senate, but it is barely perchance to undervalue the significance and consequence of this measure on the political system of Canada. In fact, the refusal from sovereign will take to the alteration of cardinal rules of Canadian political system. In add-on, it will eventually turn Canada off from the British theoretical account of Parliament, which has already proved to be inefficient in Canadian environment. Therefore, the refusal from monarchy can hold positive effects and contribute to the solution of the job of underrepresentation of the population and states in the House of Commons and in the Senate.

On the other manus, specializers ( Rowe, 1988 ) emphasis that, whether Canada preserves its position as a monarchy or non, reforms are indispensable. Canada will ne’er alter its political system and it will ne’er work out the job of the underrepresentation of the population and states in the Parliament unless Canada implements Constitutional and political reforms. In this respect, many specializers ( Watts, 1970 ) view the major job arousing the underrepresentation and inequality among states in the expression used to allow states with certain figure of senators and MPs. At this point, it is possible to mention to the recent suggestions refering alterations in the expression for finding provincial seats in the Parliament ( See App. Table 2 ) . In fact, this expression is more efficient compared to the bing expression and expressions suggested in the yesteryear. For case, the new expression does non incorporate the 279 factor, which was applied in the yesteryear. The 279 factor increased the hazard of contentions and struggle between states in respect to the farther underrepresentation because the factor allowed to continue the underrepresentation in Canadian Parliament. Alternatively, the riddance of the factor and concentrate on the territorial representation in the House of Commons and the Senate may be an efficient solution to the job of the underrepresentation. In such a instance, each district within states will hold its ain representatives in Canadian Parliament. Therefore, people will experience secure and represented in the political life of the state, whereas their MPs and senators will be responsible for the protection of involvements of the districts and communities, which elected them to the Parliament. The addition of the duty and widening representation of local districts will ease the tenseness between states. On the other manus, such a solution can switch the tenseness and underrepresentation to the territorial degree. However, the hazard of the underrepresentation at this degree is eliminated through the equal position of all districts and the about equal figure of population life in these districts.

Furthermore, specializers ( Niemczak, 1992 ) recommend revising the Constitution Act of 1867 to carry on the constitutional reform and to work out the job of the political underrepresentation of some states and their population. In this regard, the Constitutional reform is indispensable because without constitutional alterations Canada will be unable to finish the reform successfully because the Constitution Act of 1867 defines the political system of the state and lays the foundation to the current underrepresentation of the population and states in the House of Commons and the Senate. Hence, the development of legislative alterations at the Constitutional degree is indispensable.

Therefore, taking into history all above mentioned, it is of import to put accent on the fact that the Constitutional reform and political reform are indispensable for Canada. Today, the state suffers from the underrepresentation of the population and states in the House of Commons and the Senate. The job of the underrepresentation of the population and states in the political life of Canada is a serious menace to the national involvements of the state. In fact, policy shapers and legislators can non disregard this job. Otherwise, they can arouse the outgrowth of segregation and struggles between states in Canada. The impairment of the economic state of affairs can heighten breakaway tendencies in Canada. In add-on, the refusal from the Constitutional reform and political reform in Canada can sabotage the democracy in the state because equality and equal representation of the population in the political life of the state are important conditions and cardinal rules of democracy. Consequently, Canada needs to implement consistent alterations in footings of the Constitutional and political reform. The reform should concentrate on the riddance of major causes of the underrepresentation. In fact, Canada may continue its position as a monarchy but this position should non interfere into the election procedure and political representation of the population life in Canada. Furthermore, the expression for finding seats in the Parliament should be changed systematically. Today, the difference in the figure of seats between states may change tenfold or even hundredfold. Naturally, in such a state of affairs, it is impossible to talk about the equal representation of the population and states in Canadian Parliament. In such a state of affairs, the Constitutional reform should take to consistent alterations that allow to widen the representation of the population in the Parliament of Canada.