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Bill C-20 (39th Parliament, 2nd Session) committee  I think in the particular context of Quebec elections—

May 7th, 2008Committee meeting

Prof. Andrew Heard

Bill C-20 (39th Parliament, 2nd Session) committee  I don't know how one can avoid that problem in terms of who one is to represent as a senator and how one gets elected. I don't see an improvement over province-wide elections, as difficult as they are. I think they help create a larger focus in the Senate. I think we are meant to

May 7th, 2008Committee meeting

Prof. Andrew Heard

Bill C-20 (39th Parliament, 2nd Session) committee  I'm skeptical about the ability to have a discrete amendment. It can happen. I will be delighted to be surprised, but I think there are probably bigger priorities in terms of democratic reform that relate to this house rather than the upper house.

May 7th, 2008Committee meeting

Prof. Andrew Heard

Bill C-20 (39th Parliament, 2nd Session) committee  I believe the Supreme Court would pay close attention to the conventions and how they affect this bill. This relates to some of the questions from Mr. Reid and Mr. Comartin earlier. I think one of the issues is whether the court would simply deal with the black letter of the la

May 7th, 2008Committee meeting

Prof. Andrew Heard

Bill C-20 (39th Parliament, 2nd Session) committee  I would just add a brief comment. I understand and share the frustration you express. Coming from British Columbia, I hear a lot of concern about Senate reform there. One thing I would caution, though, is that there are certain things one can achieve through political practice

May 7th, 2008Committee meeting

Prof. Andrew Heard

Bill C-20 (39th Parliament, 2nd Session) committee  I think the issue of distribution of seats is very much tied up in the powers of the Senate and how the Senate uses those powers. This is why, in 1982, it was agreed that any changes to the method of appointing senators or the powers of the Senate should be dealt with through the

May 7th, 2008Committee meeting

Prof. Andrew Heard

Bill C-20 (39th Parliament, 2nd Session) committee  I think there is quite a complex role that public opinion plays in conventions. I wouldn't agree with a blanket statement to that extent. I think public opinion is sometimes very difficult to know on a specific event, and particularly in reference to an election—whether an electi

May 7th, 2008Committee meeting

Prof. Andrew Heard

Bill C-20 (39th Parliament, 2nd Session) committee  The courts have at times used conventions to understand the effects of the legislation or understand unwritten aspects of legislation. They have, at times, used convention to enforce the relationship between the cabinet and the House of Commons, so that you can deal with someone

May 7th, 2008Committee meeting

Prof. Andrew Heard

Bill C-20 (39th Parliament, 2nd Session) committee  There is an example when the prime ministers of Great Britain and the dominions got together during the imperial conferences, where they came to a number of agreements about how Britain would interact with the dominions. They signed some formal agreements about how those processe

May 7th, 2008Committee meeting

Prof. Andrew Heard

Bill C-20 (39th Parliament, 2nd Session) committee  These agreements transformed those conventions, because prior to these agreements the conventions were that the British ministers would advise the King on whom to appoint as a governor general, and they wouldn't necessarily even consult with the dominion governments. So this was

May 7th, 2008Committee meeting

Prof. Andrew Heard

Bill C-20 (39th Parliament, 2nd Session) committee  I agree. I expect there would be too.

May 7th, 2008Committee meeting

Prof. Andrew Heard

Bill C-20 (39th Parliament, 2nd Session) committee  Are you asking whether the regional veto legislation would be followed?

May 7th, 2008Committee meeting

Prof. Andrew Heard

Bill C-20 (39th Parliament, 2nd Session) committee  That veto right would only apply to the process for a formal amendment to the Constitution. I don't think in this context the Quebec government could try to exercise that veto. It could have a reference question on whether or not there was a convention that required provincial co

May 7th, 2008Committee meeting

Prof. Andrew Heard

Bill C-20 (39th Parliament, 2nd Session) committee  They would not be able to talk about a convention per se, in the sense that the traditional view of convention is that you need some precedent as well as discussion in principle. So you need a constitutional principle that is being protected, some statement by the actors that the

May 7th, 2008Committee meeting

Prof. Andrew Heard

Bill C-20 (39th Parliament, 2nd Session) committee  In a Senate committee, Professor Hogg and Professor Monahan have both argued that the existence of discretion for the Prime Minister and the Governor General are determinative of the constitutionality of this measure. I disagree. I believe the court will concern itself with more

May 7th, 2008Committee meeting

Prof. Andrew Heard