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LETTER: Kenney shouldn't have a say in Senate vote

"The Alberta legislature has no right to unilaterally change federal constitutional arrangements."
letter-sta

Re: "Premier Jason Kenney fuming after feds appoint Alberta Senator," The Gazette, Aug. 4.

Premier Jason Kenney can fume all he wants over Prime Minister Justin Trudeau appointing Karen Sorensen as a senator for Alberta without waiting for Alberta to elect Senate nominees in October. Canada has a Constitution which sets out how senators are appointed. It also sets out how that, or any other constitutional arrangement, can be changed.

Under the amending formula, agreed to by Alberta years back, it is open to Kenney to try to persuade Canada’s House of Commons and Senate and two-thirds or more of the provincial legislative assemblies representing at least 50 per cent of the national population, to agree to permit binding provincial nominations for senators.

It might be possible for this power to be granted to Alberta alone, but that would still require an OK by the federal Parliament, and the other provinces might argue that as this sets up two categories of senator, elected and appointed, their consent would still be needed.

Barring that, the power to appoint senators rests with the Governor General, who by unwritten constitutional convention, accepts the advice of the prime minister.

In bellowing that the prime minister was showing contempt for democracy by not waiting for the provincial nominees following an election, Kenney was spouting wind. The Alberta legislature has no right to unilaterally change federal constitutional arrangements. Attempting to do so is presumptuous and undemocratic by ignoring the Constitution. Alberta is part of Canada and is bound by Canada’s constitutional arrangements.

David Haas, St. Albert




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