What do you think?
Constitutional Pariah: "Reference re Senate Reform" and the Future of Parliament
Attempts to reform the Canadian Senate stalled in 2014 when the Supreme Court ruled direct parliamentary change unconstitutional. Constitutional Pariah explores both the immediate and long-term aftermath of the Reference re Senate Reform decision. Driven outside the law by the court’s ruling, Parliament enacted sweeping informal changes that effectively curbed unchecked patronage and partisanship. Emmett Macfarlane argues that this decision and parliamentary response offer a roadmap toward constitutional reform in other contexts. Indeed, Macfarlane’s sharp critique raises the specter of a frozen constitution, one unable to evolve with the country.
198 pages, Paperback
Published May 26, 2021
About the author
Emmett MacFarlane
15 books6 followersEmmett MacFarlane is a political scientist whose research examines the relationships between rights, governance and public policy, with a particular focus on the Supreme Court of Canada's impact on public policy and political discourse under the Charter of Rights and Freedoms.
He is an Assistant Professor in the Department of Political Science at the University of Waterloo. I also teach at UWaterloo's Master of Public Service program.
MacFarlane earned my Ph.D (2009) and MA (2005) in political science at Queen's University, and a BA (2003) at the University of Western Ontario. In 2009-10, he was an Associate of the Canada Program at Harvard's Weatherhead Center for International Affairs. During the 2010-11 academic year, he was a Visiting Researcher at Harvard Law School. In 2011-2012 MacFarlane taught at the University of Victoria.
MacFarlane has published in the International Political Science Review, Supreme Court Law Review, Canadian Journal of Political Science, Review of Constitutional Studies, Canadian Public Administration, and the Queen's Law Journal.
He is an Assistant Professor in the Department of Political Science at the University of Waterloo. I also teach at UWaterloo's Master of Public Service program.
MacFarlane earned my Ph.D (2009) and MA (2005) in political science at Queen's University, and a BA (2003) at the University of Western Ontario. In 2009-10, he was an Associate of the Canada Program at Harvard's Weatherhead Center for International Affairs. During the 2010-11 academic year, he was a Visiting Researcher at Harvard Law School. In 2011-2012 MacFarlane taught at the University of Victoria.
MacFarlane has published in the International Political Science Review, Supreme Court Law Review, Canadian Journal of Political Science, Review of Constitutional Studies, Canadian Public Administration, and the Queen's Law Journal.
Ratings & Reviews
Friends & Following
Create a free account to discover what your friends think of this book!
Community Reviews
Displaying 1 - 2 of 2 reviews
March 18, 2025
As Canada prepares for some turbulent times south of the border, it would be remiss not to talk about some of the political fallout within our own borders as well. An election is sure to occur by October 2025 and I wanted to do a little Election Prep for Canada, as I have done for US presidential elections in years past. We have a prime minister who has resigned due to some really poor polling numbers and a salivating Leader of the Opposition wanting to topple the tower right away for his own benefit. This entire experience could be extra fun, as there are whispers from high in Washington that the upcoming election could be the last for Canada as a sovereign country before we become the 51st state. Let’s see where this reading journey takes us!
After the Supreme Court of Canada received a reference package by the Harper Government in 2014, new discussions around Senate reform and abolition have come to pass. Emmett MacFarlane used the discussions coming from that reference to pen this short book, which seeks to explore the Senate of Canada in a historical context, as well as some of the reform ideas that arose and their validity. MacFarlane does a great job laying out the groundwork for the discussion and then synthesising the topic at hand for the curious reader. While brief in size, the book packs a punch and offers insight into the future of Canada's Upper Chamber in these post-Charter constitutional times.
The Senate of Canada is surely the tolerated arm of the Canadian parliamentary system, though it remains a blight for many. Emmett MacFarlane seeks to educate readers with some background on the Senate and its core reason for existence, as well as what some early parliamentary tweaking sought to do, so as to strengthen it for the future. Some of these moves to reform the Senate went nowhere, but the simmering desire to alter the Upper House began to take shape. After MacFarlane offers up a brief outline of the role the Senate plays, he delves a little deeper into some of the criticisms of the chamber. Chief among them appears to be the effectiveness of the Upper House, which is less to do with the ability to act and more along the lines of the partisan nature of Senate appointees. MacFarlane highlights the independent nature of the Senate from the constitutional documents, but shows that selection by various prime ministers has made senators beholden to these people and the party that appointed them.
The middle portion of the book looks at the Reference Re Senate Reform that was sent to the Supreme Court of Canada in 2014, seeking clarity on options that could be undertaken to change aspects of the Senate, but that would not violate the constitutional framework in the pace. This is an interesting assessment, not only to explore the questions sent to the High Court, but also the attempts to explain why certain things needed to change and how the Harper Government sought to place them within the confines of legislation and constitutional documents. Certain tweaks could occur to the Senate, though Harper's desire to have senators elected or face term-limits might push things a little too far.
The latter portion of the book seeks to explore the reaction to the answers provided to Reference Re Senate Reform and the structure of the Upper House. MacFarlane delves into this with vigour and provides some valuable insights to share with the reader. Using the Court's answers to the Reference, changes to the Senate began in earnest with PM Trudeau, who sought to remove the partisan undertone in the Upper House. As MacFarlane discusses, these changes will help keep the Senate active and valid in the eyes of many, or at least rebuild many of the bridges burnt with past slander. While it is not perfect, it is surely a move towards a better system without the need to open up the constitutional documents, which could pose many other issues no one is quite ready to handle at this point.
While I have long had a passion for the Senate of Canada (and worked there in my first 'professional job' out of university), I would never deny that it had issues. While Emmett MacFarlane is not trying to fix them all, he uses this book to assess the Senate's merits and use the 21st century lens to better understand where the Upper House is headed, With great analysis and explanation, particularly related to the Reference Re Senate Reform that the Supreme Court of Canada undertook, the reader has a better understanding of events without being too bogged down in minutiae. The subject matter is fairly straightforward and easily comprehended by the everyday reader with an interest in the topic. With a narrative that flows well and easily deciphered chapters, Emmett MacFarlane delivers a great piece of writing that opened my mind to reforms and paves the way for a future of parliamentary progress that will surely change with new leadership in Canada.
Kudos, Mr. MacFarlane, for a succinct and yet thorough look at parliamentary reform in the 21st century.
Like/hate the review? An ever-growing collection of others appears at:
http://pecheyponderings.wordpress.com/
After the Supreme Court of Canada received a reference package by the Harper Government in 2014, new discussions around Senate reform and abolition have come to pass. Emmett MacFarlane used the discussions coming from that reference to pen this short book, which seeks to explore the Senate of Canada in a historical context, as well as some of the reform ideas that arose and their validity. MacFarlane does a great job laying out the groundwork for the discussion and then synthesising the topic at hand for the curious reader. While brief in size, the book packs a punch and offers insight into the future of Canada's Upper Chamber in these post-Charter constitutional times.
The Senate of Canada is surely the tolerated arm of the Canadian parliamentary system, though it remains a blight for many. Emmett MacFarlane seeks to educate readers with some background on the Senate and its core reason for existence, as well as what some early parliamentary tweaking sought to do, so as to strengthen it for the future. Some of these moves to reform the Senate went nowhere, but the simmering desire to alter the Upper House began to take shape. After MacFarlane offers up a brief outline of the role the Senate plays, he delves a little deeper into some of the criticisms of the chamber. Chief among them appears to be the effectiveness of the Upper House, which is less to do with the ability to act and more along the lines of the partisan nature of Senate appointees. MacFarlane highlights the independent nature of the Senate from the constitutional documents, but shows that selection by various prime ministers has made senators beholden to these people and the party that appointed them.
The middle portion of the book looks at the Reference Re Senate Reform that was sent to the Supreme Court of Canada in 2014, seeking clarity on options that could be undertaken to change aspects of the Senate, but that would not violate the constitutional framework in the pace. This is an interesting assessment, not only to explore the questions sent to the High Court, but also the attempts to explain why certain things needed to change and how the Harper Government sought to place them within the confines of legislation and constitutional documents. Certain tweaks could occur to the Senate, though Harper's desire to have senators elected or face term-limits might push things a little too far.
The latter portion of the book seeks to explore the reaction to the answers provided to Reference Re Senate Reform and the structure of the Upper House. MacFarlane delves into this with vigour and provides some valuable insights to share with the reader. Using the Court's answers to the Reference, changes to the Senate began in earnest with PM Trudeau, who sought to remove the partisan undertone in the Upper House. As MacFarlane discusses, these changes will help keep the Senate active and valid in the eyes of many, or at least rebuild many of the bridges burnt with past slander. While it is not perfect, it is surely a move towards a better system without the need to open up the constitutional documents, which could pose many other issues no one is quite ready to handle at this point.
While I have long had a passion for the Senate of Canada (and worked there in my first 'professional job' out of university), I would never deny that it had issues. While Emmett MacFarlane is not trying to fix them all, he uses this book to assess the Senate's merits and use the 21st century lens to better understand where the Upper House is headed, With great analysis and explanation, particularly related to the Reference Re Senate Reform that the Supreme Court of Canada undertook, the reader has a better understanding of events without being too bogged down in minutiae. The subject matter is fairly straightforward and easily comprehended by the everyday reader with an interest in the topic. With a narrative that flows well and easily deciphered chapters, Emmett MacFarlane delivers a great piece of writing that opened my mind to reforms and paves the way for a future of parliamentary progress that will surely change with new leadership in Canada.
Kudos, Mr. MacFarlane, for a succinct and yet thorough look at parliamentary reform in the 21st century.
Like/hate the review? An ever-growing collection of others appears at:
http://pecheyponderings.wordpress.com/
June 14, 2021
It's good. I liked it.
Displaying 1 - 2 of 2 reviews