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- Newsgroups: can.politics
- Path: sparky!uunet!caen!marky
- From: marky@engin.umich.edu (Mark Anthony Young)
- Subject: Re: No Senate Elections
- Message-ID: <KCX=FGA@engin.umich.edu>
- Date: Tue, 22 Dec 92 22:26:50 EST
- Organization: University of Michigan Engineering, Ann Arbor
- References: <1992Dec16.044511.26095@julian.uwo.ca>
- Distribution: can
- Nntp-Posting-Host: maize.engin.umich.edu
- Lines: 52
-
- wlsmith@valve.heart.rri.uwo.ca (Wayne Smith) writes:
- >In article <kJT=LvA@engin.umich.edu> marky@engin.umich.edu (Mark Anthony Young) writes:
- >>The constitution specifically says that changing the method of selecting
- >>senators requires a constitutional amendment (42(1)(b)). Mulroney _can_
- >>appoint whoever he chooses, including those that have been selected by
- >>electoral processes.
- >
- >>But electoral processes require laws to govern
- >>them, and such laws are arguably unconstitutional -- and would (I am
- >>sure) be challenged in the courts.
- >
- >Are you saying that if a province were to hold a senate election by
- >following the standard electoral process, that the result of the election
- >would be challenged simply because of the nature of the position being
- >voted on is not "constitutionally correct"?
- >
- The election would be challenged _because_ there are people out there who
- are opposed to an elected Senate. The doubtful constitutionality of the
- election is one weapon the opponents would use.
-
- As for "standard" electoral processes, which set of spending laws is in
- effect, provincial or federal? The province would have to decide by law
- in advance, or risk having a miffed candidate challenge the results on
- _that_ basis ("My opponent spent too much money and that's why I lost.
- Please, Mr Justice, make the premier put my name on the list instead of
- hers."). Once there is a law, it can be challenged in the courts ("The
- province had no right to restrict my spending on this election, since it
- would require a constitutional amendment to set rules for Senate
- elections"). Either way, the opponents have a weapon. Since the goal is
- to block Senate elections, any reason to challenge the process will do.
-
- >I can't see how elections canada could could prevent a senate election in a
- >particular province. Maybe the resulting election would be "invalid" in
- >election canada's eyes, but that's irrelevant, because if the provincial
- >officials are satisfied that they have run a clean and fair senate election
- >process, then they have the winner's name to put on the "list" to give to the
- >bm'er. If they want to make it a list, then they can a add few names
- >out of the phone book.
- >
- The election would be invalid if the Supreme Court ruled that the election
- constituted an illegal change to the way Senators are selected. If the SC
- struck down the laws under which Senate elections were held, there would be
- no more Senate elections. If adding a bunch of bogus names to the list
- kept the SC from striking down the law, then hooray! But it seems a trifle
- transparent to me.
-
- >>Of course, the court _might_not_ strike down those laws, either. But
- >>then the election/appointment combination would still only continue at
- >>the will of the Prime Minister (since the power to legislate the
- >>appointment process would definitely be _ultra_vires_).
-
- ...mark young
-