In this essay, I will be exploring the notion of the Reference re Senates reform by the government and the Supreme Court Judgement. The government submitted Six different series of questions, which I will be pointing out later on in this essay, to the Supreme court of Canada concerning the possibility of reforming the Senate of Canada.
which the Supreme Court disapproval. The Supreme Court of Canada discloses that the political institutions lies in the of the agreement hat gave birth to Canadian federation, Therefore, the Senate has never change since his birth and the constitution has an architecture structure, that by amending the constitution will include changing the constitution architecture. The Supreme added that there are four important categories of amendment procedure that the province must have a say in constitutional changes that engage their interest. These are the four types of amendments. General amendment, Unanimous procedure, Special arrangement and Unilateral Federal and Provincial procedure. These are the elements of amending procedure that the Supreme Court uses to give the reason why the government proposals were overruled.
Now I will go into more detail of the proposals of question submit to the court and why the answer from the Supreme Court of Canada response was “No”. Firstly, the question was is it within the legislative authority of the Parliament of Canada acting pursuant to Section 44 of the Constitution Act 1982 to make amendments to section 29 of the Constitution Act 1867, Limit to the tenure of Senators? The supreme Court answers saying, Changing the term of the Senate will amend the constitution of Canada by asking for modification to the text Section 29 of the Constitution Act 1867. The Section 42 of the Constitution Act 1982 dose not permit changes to duration of Senatorial term. The one-side Federal amendment procedure is limited. Section 44 as exception to general procedure surround measures t.