Layton challenges validity of Senate appointments

OTTAWA – New Democrat Leader Jack Layton is calling on the Prime Minister to not make Senate appointments until he can prove that he has the confidence of Parliament.

“Stacking the Senate with Conservative appointees when the House has clearly indicated a lack of confidence in the government would be a serious abuse of power,” said Layton.

Layton wrote a letter to Harper yesterday questioning the constitutionality of these rumoured appointments.

Constitutional experts have argued this case in the mainstream media, most recently in a letter co-signed by several scholars published in La Presse on December 14, 2008. The letter stated: “The nomination of Senators in these circumstances would be illegitimate and, more importantly, in clear violation of constitutional ideals and rule of law.” (Translation)

The constitutional scholars further argued that “Ms. Jean should ask Mr. Harper to make sure he still has the confidence of the House of Commons before accepting his request.” (Translation)

The confidence of the House is fundamental to Canada’s parliamentary system, and since 161 opposition members have signed a letter demonstrating non-confidence in this government, the prime minister should uphold the principles of responsible government and forgo any Senate appointments.

“I am requesting that the prime minister respect the principle of responsible government and the rule of law,” said Layton. “He should refrain from proposing new Senate appointments to the Governor General before the House has an opportunity to render whether or not it has confidence in his government.”

The Right Honourable Stephen Harper
Prime Minister of Canada
Office of the Prime Minister
80 Wellington Street, Langevin Block
Ottawa, ON K1A OA2

OPEN LETTER TO THE PRIME MINISTER

Re: Appointments to the Senate, December 2008

Dear Prime Minister:

Over the past week there has been wide speculation that it is your intention to appoint 18 new members to the Senate before the end of the month. This news comes as quite a surprise given your past commitment to an equal, elected and effective Senate.

As Prime Minister and Opposition Leader, you have often stated that an appointed Senate is a relic of the 19th century and that you would not appoint any new senators until that body becomes truly representative.

In fact, you have gone so far as to call the Senate both undemocratic and costly. Why then, Prime Minister, would you choose to make 18 costly and undemocratic patronage appointments in this time of unprecedented economic crisis? Statistics show 71,000 Canadians lost their jobs last month with more pink slips being delivered every day.

It is particularly improper for you to consider these patronage appointments at a time when you do not enjoy the confidence of Parliament and have requested the proroguing of parliament. New Democrats firmly believe that these appointments would send the wrong message to Canadians and we are respectfully requesting that you uphold the principles of responsible government and wait to make these appointments until Parliament is back in session so that the House can be consulted.

Sincerely,

Honourable Jack Layton, P.C., M.P.
Leader, New Democratic Party of Canada