Winnipeg Free Press (Newspaper) - July 28, 2015, Winnipeg, Manitoba
C M Y K PAGE A5
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O TTAWA - Prime Minister
Stephen Harper's plan
to starve the Senate into
reform or abolition may
be headed to the Supreme Court of
Canada.
Vancouver lawyer Aniz Alani, who has
launched a court challenge to try to force
Harper to stop leaving Senate seats unfilled,
wants the government to get the high court's
blessing for Harper's new plan not to appoint
new senators until the provinces agree on reform
or abolishment.
An Ottawa constitutional expert says Harper
may be violating constitutional provisions
ensuring certain representation in the Senate
for Quebec and the Atlantic provinces.
Errol Mendes, a professor of constitutional
law at the University of Ottawa, told the Free
Press in an interview that in 1867, the Constitution
guaranteed the founding provinces
certain representation in the Senate. With
one- quarter of Quebec's 24 seats empty, and
one- fifth of the 10 seats allotted to each of
New Brunswick and Nova Scotia also empty,
Harper could be violating the Constitution,
said Mendes.
" He's trying to do indirectly what the Constitution
and the Supreme Court said he can't
do directly," said Mendes. " What he doesn't
seem to understand is the foundations of the
Senate are written into the Constitution."
Mendes said he doesn't think the government
will give any thought to taking this
question to the court. It already asked the
Supreme Court to rule whether it could introduce
elected senators or term limits without
opening the Constitution and the high court
said no.
There are 22 vacancies out of 105 seats.
That will grow to at least 26 by the end of 2016
and to 34 by the end of 2017.
On Friday, Harper said other than a few
senators and some people who want to be senators,
no one is complaining about the vacancies.
He said as long as the Senate can pass
bills, there is no constitutional obligation to
fill the vacancies.
Mendes disagrees and expects the Supreme
Court will eventually be asked to weigh in
should Harper win the election in October.
NDP Leader Tom Mulcair has also said he
won't appoint senators, although he has said
he would call the provinces together to work
on getting it abolished.
Manitoba Liberal Sen. Maria Chaput said if
Harper were serious about fixing the Senate
or getting rid of it, he'd do the same.
Chaput said by dumping it on the provinces,
Harper is trying to take attention off the problems
of many of his own Senate appointees.
That includes two who are facing fraud
charges for Senate expenses ( one of whom is
also on trial for domestic assault charges) and
one currently under investigation for harassing
staff and having an affair with an underage
girl.
Like most of his predecessors, Harper
filled the upper chamber with his own people.
Among the current senators in the upper
chamber are the president of the Conservative
party fundraising arm, the former president
of the party, Harper's former press secretary,
the director of the Conservative party in Quebec,
the vice- president of the Conservative
party, three former Conservative MPs, and
at least seven failed Conservative candidates
for the House of Commons.
Among the current senators appointed by
former prime minister Jean Chr�tien are
his former director of communications, the
vice- president of the Liberal party, the vicepresident
of the Liberal party's Quebec wing,
a director of fundraising for the Liberals, at
least three former Liberal MPs, and a former
Liberal chief of staff.
All three of Manitoba's current senators
were partisan appointments, including Don
Plett, the former president of the Conservative
Party of Canada, Chaput, a Liberal party
worker in Manitoba, and Janis Johnson, who
co- directed Brian Mulroney's leadership
campaign in 1983 and was the national director
of the PC Party of Canada.
Plett did not want to comment on Harper's
decision and Johnson did not respond to a request
for an interview.
mia. rabson@ freepress. mb. ca
Senate plan dumped on
Harper's vow
to leave seats
empty called
wrong- headed
ADRIAN WYLD / THE CANADIAN PRESS
Prime Minister Stephen Harper's bid to clean house in the Senate runs afoul of the Constitution,
a professor of constitutional law says.
By Mia Rabson
' He's trying to do indirectly what
the Constitution and the Supreme
Court said he can't do directly'
- Errol Mendes, constitutional expert at the
University of Ottawa
THE Canadian Armed Forces says a reservist who died
at CFB Shilo collapsed while learning how to build a
trench.
Pte. Kirby Tott, 25, died during a training course Saturday
afternoon.
Maj. Giselle Holland said Tott was learning how to install
revetting to reinforce the walls of a trench when he
suddenly collapsed.
" Pte. Kirby Tott collapsed while conducting training.
There were no vehicles or weapons involved," Shilo
public affairs officer Lori Truscott wrote in an email
Monday.
" Until the autopsy is completed, we cannot comment
on the possible cause of his death."
Tott was from Prince George, B. C., where he worked
as a correctional officer.
" This is a sad day, and our thoughts and prayers are
with the family and friends of Pte. Kirby Tott," Holland
said Monday in an email.
" 3rd Canadian Division along with his regimental
family are providing care and support to the family
during this difficult time."
Tott was a member of the Rocky Mountain Rangers, a
reserve regiment of 39 Canadian Brigade Group, based
in Kamloops, B. C.
At the time of his death, Tott was involved in specialty
training required to become an infantry soldier.
Tott joined the army as a reservist with the Rocky
Mountain Rangers in Prince George, B. C., in 2012.
Craig Tott, his father, told local media his son had
joined the military because he hoped to help people.
Tott said his son worked at Prince George Regional
Correctional Centre and his long- term career goal was
to become an RCMP officer.
His son was planning to attend interviews in Saskatoon
and Regina when he returned from training, Tott
told media.
" I think he just cared about people - and that's all,"
Tott said.
" He went to school, he's got a criminology diploma,
and it was something he was interested in."
" He wanted to be in the reserves because he wanted
to be part of it - to help people."
The Tott family was reported to be anxiously awaiting
the results of the autopsy.
The family said they wouldn't comment further.
alexandra. paul@ freepress. mb. ca
- with files from The Canadian Press
Soldier collapsed
and died while
building trench
By Alexandra Paul
A_ 05_ Jul- 28- 15_ FP_ 01. indd A5 7/ 27/ 15 10: 40: 53 PM
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