Runnymede Radio Alford: The Notwithstanding Clause, the Senate, and a Constitutional Crisis?
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Oct 21, 2024 Join Ryan Alford, an Associate Professor at Lakehead University’s Bora Laskin Faculty of Law, as he dives into the intricacies of Canada’s Senate and its evolving role in protecting rights. He discusses a motion regarding the Notwithstanding Clause and its potential to create legislative deadlock. Alford emphasizes the historical significance of the Senate and critiques its impact on democracy. The conversation also uncovers the relevance of drafting history in understanding constitutional provisions, shedding light on the Senate's function in today’s political climate.
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Senate as Counter-Majoritarian Body
- Senator Peter Harder redefines the Senate's role as a counter-majoritarian body safeguarding minorities' constitutional rights.
- He positions the Senate as a check against bills invoking the notwithstanding clause, viewing such bills as unconstitutional.
Salisbury Convention's Constitutional Role
- The Salisbury Convention obligates the Senate not to block majority government bills forming part of a party's electoral platform.
- This convention underpins the legitimacy of an appointed Senate and has never been breached since Confederation.
Lord Carnarvon's Drafting Impact
- Lord Carnarvon's role as sponsoring minister shaped key provisions for Senate appointments in the Constitution Act 1867.
- His insistence on sections 26-28 ensured mechanisms to break deadlocks between the House and the Senate.