SoVote

Decentralized Democracy

Brent Cotter

  • Senator
  • Independent Senators Group
  • Saskatchewan

Senator Cotter: But eventually that will occur. At that point in time, the opposition leader will cross over to another seat in this chamber; the government leader presumably will cross over to an opposition or other seat. And I imagine that, as they do, they will stop in the middle and exchange binders. The opposition leader will hand over his or her binder of questions and criticisms, and the government leader will hand over his or her binder of answers or, as Senator Plett might say, “non-answers.”

Senator Cotter: But eventually that will occur. At that point in time, the opposition leader will cross over to another seat in this chamber; the government leader presumably will cross over to an opposition or other seat. And I imagine that, as they do, they will stop in the middle and exchange binders. The opposition leader will hand over his or her binder of questions and criticisms, and the government leader will hand over his or her binder of answers or, as Senator Plett might say, “non-answers.”

When that happens, a more muscular and oppositional and less accountable Senate will have a licence, supported by this potential precedent, to relentlessly impede initiatives of that new government.

So, for senators inclined to oppose the will of the elected body here — and, to be honest, on one or two specific points, I would be tempted myself — it’s important to think about the downside long-term consequences of pursuing that which you might most profoundly desire today, potentially to your regret.

My final point is the degree to which there is a genuine link between the “will of the people” associated with a particular initiative, or whether this is so esoteric a thought, based solely on the fact that a particular government was elected — in some respects, this is the Achilles heel of the Salisbury principle.

Can we point to a particular initiative and evidence that that initiative is connected with the will of the people? There is no incontrovertible evidence, but there is at least a meaningful link if a government, when campaigning for office, committed to an initiative and got elected and is advancing that initiative.

So, added to the general principle, the closer to an electoral commitment the core of a government initiative is, the greater the justification for deference to the will of that other place.

That was the case here. A commitment to reform the Broadcasting Act was part of the governing party’s 2021 electoral platform and Speech from the Throne.

In conclusion, we as a chamber have done our work here. We have examined this legislation extensively and well, as nearly all of us have observed with respect to this legislation, both at committee and here in the chamber. We have offered a series of sober second thoughts, many of which were adopted, some rejected. We have worked out a small constructive non-legislative “sober third thought.”

Our work, within the limits of our constitutional authority, has been done and well done. Going further, resisting further, would be unwise, in my submission, and would push us, in my view, to exceed the limits of our institutional authority. We should celebrate this good work, congratulate those who led the work and pushed us hard to adopt Senate improvements and say yes to this amended message. We should agree to go to P.E.I. on vacation. Thank you very much.

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