|By Marketwired .||
|February 1, 2013 03:37 PM EST||
OTTAWA, ONTARIO -- (Marketwire) -- 02/01/13 -- The Honourable Tim Uppal, Minister of State for Democratic Reform, and the Honourable Claude Carignan, Senator and Deputy Leader of the Government in the Senate, today announced the launch of a reference on Senate reform to the Supreme Court of Canada. The Government looks forward to receiving the Supreme Court's opinion on what is required to reform the Senate and what is required to abolish the Senate.
"Our Government believes that the Senate must change in order to reach its full potential as a democratic institution serving Canadians," said Minister Uppal. "The Harper Government received a strong mandate to pursue Senate reform and today we are taking action to further our goal of a more democratic, effective and representative Senate."
This is the first time in a generation that the Supreme Court will consider the constitutional amending process for reform to the Senate. The questions referred seek legal certainty on the constitutional amending procedure for:
-- Term limits for senators; -- Democratic selection of senate nominees; -- Net worth and property qualifications for senators; and -- Abolition of the Senate.
"The Senate plays an important role in our parliamentary system as senators make and review laws that directly affect Canadians," added Senator Carignan. "Canadians deserve a more democratic Senate and the Supreme Court reference will help to advance progress towards that goal."
Should a favourable opinion be received from the Supreme Court, the Government intends to continue to pursue the passage of the Senate Reform Act. The Act would continue through the normal parliamentary process from its current status at second reading in the House of Commons.
IF THERE IS A DISCREPANCY BETWEEN ANY PRINTED VERSION AND THE ELECTRONIC VERSION OF THIS NEWS RELEASE, THE ELECTRONIC VERSION WILL PREVAIL.
This news release is available at www.democraticreform.gc.ca
Follow the Minister on Twitter: @MinTimUppal
-- Backgrounder - Senate Reform Act -- Fact sheet - Constitutional Reference -- Order in Council
SENATE REFORM ACT
The 2011 Speech from the Throne reaffirmed the Government's commitment to Senate reform. Accordingly, the Government introduced the Senate Reform Act in the House of Commons on June 21st, 2011. The Act proposes two reforms; a voluntary framework for provinces to use as a basis for legislation to consult voters on Senate nominees and a limit on the tenure of senators.
Part One: Senate Nominee Selection
Proposed Voluntary Framework
Part one of the Senate Reform Act proposes a framework for democratic consultation with voters on the selection of Senate nominees from the provinces. Senators are currently summoned by the Governor General on the advice of the Prime Minister, pursuant to section 24 of the Constitution Act, 1867: "The Governor General shall from Time to Time, in the Queen's Name, by Instrument of the Great Seal of Canada, summon Qualified Persons to the Senate."
The Act would not change how senators are appointed. Rather, it proposes a method to give voters a say on who should be selected to hold a position in the Senate. The Act would not require provinces and territories to implement consultation processes. The Act includes a voluntary schedule, based on Alberta's Senatorial Selection Act, which would set out a basis for provinces to enact democratic processes. Alberta has held several Senate nominee consultations since its legislation was enacted in 1987. Senator Stan Waters was the first Senator appointed following a Senate nominee selection process and current Senators Bert Brown, Betty Unger and Doug Black were all appointed following this process.
The Act requires the Prime Minister to consider the names from a list of elected Senate nominees when recommending Senate appointments. Appointments to the Senate would continue to be made by the Governor General on the advice of the Prime Minister, pursuant to section 24 of the Constitution Act, 1867.
Part Two: Senate Term Limits
Part two of the Senate Reform Act proposes a nine-year, non-renewable term for senators.
Senators were originally appointed to the Senate "for Life", but that was changed unilaterally by Parliament in 1965 through an amendment to section 29 of the Constitution Act, 1867 (via the Constitution Act, 1965). The amendment created limits on senators' terms by stipulating mandatory retirement at the age of 75 years.
Under section 44 of the Constitution Act, 1982, Parliament alone may make laws amending the Constitution of Canada in relation to the executive government of Canada, or the Senate and the House of Commons.
In accordance with section 44, the Senate Reform Act provides that a person who is appointed to the Senate after the coming into force of the legislation shall serve for one term of nine years. Persons summoned to the Senate after October 14, 2008 would also serve one nine-year term commencing upon the coming into force of the Act. The Act would not affect the terms of senators appointed prior to October 14, 2008.
Terms for senators would continue to be subject to the existing section 29A of the Constitution Act, 1867, which stipulates mandatory retirement at the age of 75 years for all senators, regardless of when they are appointed (i.e., before or after the coming into force of the Act).
The Senate Reform Act also provides that, should a Senator's nine-year term be interrupted prior to the completion of the term, that Senator may be summoned again, but only for the remaining portion of the nine-year term. The nine-year term would not be renewable.
REFERENCE TO THE SUPREME COURT OF CANADA ON SENATE REFORM
WHAT IS A REFERENCE TO THE SUPREME COURT OF CANADA?
-- Under section 53 of the Supreme Court Act, the Governor in Council may refer to the Supreme Court, for its opinion, important questions of law or fact concerning the interpretation of the Constitution and the constitutionality or interpretation of any federal or provincial legislation. -- The Court will then provide an opportunity for interested parties to make written and oral arguments. After considering the questions and the arguments of interested parties, the Court will render an opinion and, to the extent possible, will provide an answer to the questions posed by the Governor in Council.
WHAT ARE THE REFERENCE QUESTIONS?
-- The Governor in Council has referred the following questions to the Supreme Court of Canada:
Senate Term Limits
1. In relation to each of the following proposed limits to the tenure of Senators, 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 providing for a. a fixed term of nine years for Senators, as set out in clause 5 of Bill C-7, the Senate Reform Act; b. a fixed term of ten years or more for Senators; c. a fixed term of eight years or less for Senators; d. a fixed term of the life of two or three Parliaments for Senators; e. a renewable term for Senators, as set out in clause 2 of Bill S-4, Constitution Act, 2006 (Senate tenure); f. limits to the terms for Senators appointed after October 14, 2008 as set out in subclause 4(1) of Bill C-7, the Senate Reform Act; and g. retrospective limits to the terms for Senators appointed before October 14, 2008?
Senate Appointment Consultations: National Process
2. Is it within the legislative authority of the Parliament of Canada, acting pursuant to section 91 of the Constitution Act, 1867, or section 44 of the Constitution Act, 1982, to enact legislation that provides a means of consulting the population of each province and territory as to its preferences for potential nominees for appointment to the Senate pursuant to a national process as was set out in Bill C-20, the Senate Appointment Consultations Act?
Senate Appointment Consultations: Provincial Processes
3. Is it within the legislative authority of the Parliament of Canada, acting pursuant to section 91 of the Constitution Act, 1867, or section 44 of the Constitution Act, 1982, to establish a framework setting out a basis for provincial and territorial legislatures to enact legislation to consult their population as to their preferences for potential nominees for appointment to the Senate as set out in the schedule to Bill C-7, the Senate Reform Act?
4. Is it within the legislative authority of the Parliament of Canada acting pursuant to section 44 of the Constitution Act, 1982 to repeal subsections 23(3) and (4) of the Constitution Act, 1867 regarding property qualifications for Senators?
5. Can an amendment to the Constitution of Canada to abolish the Senate be accomplished by the general amending procedure set out in section 38 of the Constitution Act, 1982, by one of the following methods: a. by inserting a separate provision stating that the Senate is to be abolished as of a certain date, as an amendment to the Constitution Act, 1867 or as a separate provision that is outside of the Constitution Acts, 1867 to 1982 but that is still part of the Constitution of Canada; b. by amending or repealing some or all of the references to the Senate in the Constitution of Canada; or c. by abolishing the powers of the Senate and eliminating the representation of provinces pursuant to paragraphs 42(1)(b) and (c) of the Constitution Act, 1982? 6. If the general amending procedure in section 38 of the Constitution Act, 1982 is not sufficient to abolish the Senate, does the unanimous consent provision set out in section 41 of the Constitution Act, 1982 apply?
WHY IS THE GOVERNMENT OF CANADA PURSUING A REFERENCE TO THE SUPREME COURT OF CANADA?
-- Canadians gave the Harper Government a strong mandate to reform the Senate. -- The Senate plays an important role in Canada's parliamentary system as senators make and review laws that directly affect Canadian taxpayers. -- The Government believes that the Senate, in its current state, must change in order to reach its full potential as a democratic institution serving Canadians. -- The aim in seeking a reference to the Supreme Court is to accelerate the pace of Senate reform and to lay the foundation for further reform to the Senate.
WHY IS THE GOVERNMENT INCLUDING QUESTIONS IN THE REFERENCE THAT GO BEYOND THE PROVISIONS OF THE SENATE REFORM ACT?
-- The questions reflect the Government's position that meaningful change to the Senate can be achieved within Parliament's authority. -- The additional questions will elicit the opinion of the Court on the appropriate amending procedures for a broader set of issues that have been prevalent in discussions on Senate reform over the past several years, and could pave the way for further reform.
HOW LONG IS THE REFERENCE EXPECTED TO TAKE?
-- The Supreme Court of Canada will determine the schedule for the conduct of the reference. That said, there could be an opinion of the Supreme Court within 10 to 24 months of filing the notice of reference. This estimate is based on past references before the Court.
The Order in Council is available at the following address: http://media3.marketwire.com/docs/OIC_2013_70.pdf
Director of Communications
Office of the Minister of State (Democratic Reform)
To many people, IoT is a buzzword whose value is not understood. Many people think IoT is all about wearables and home automation. In his session at @ThingsExpo, Mike Kavis, Vice President & Principal Cloud Architect at Cloud Technology Partners, discussed some incredible game-changing use cases and how they are transforming industries like agriculture, manufacturing, health care, and smart cities. He will discuss cool technologies like smart dust, robotics, smart labels, and much more. Prepare to be blown away with a glimpse of the future.
Jul. 5, 2015 04:45 PM EDT Reads: 1,369
SYS-CON Events announced today that ProfitBricks, the provider of painless cloud infrastructure, will exhibit at SYS-CON's 17th International Cloud Expo®, which will take place on November 3–5, 2015, at the Santa Clara Convention Center in Santa Clara, CA. ProfitBricks is the IaaS provider that offers a painless cloud experience for all IT users, with no learning curve. ProfitBricks boasts flexible cloud servers and networking, an integrated Data Center Designer tool for visual control over the cloud and the best price/performance value available. ProfitBricks was named one of the coolest Clo...
Jul. 5, 2015 04:30 PM EDT Reads: 1,877
Internet of Things is moving from being a hype to a reality. Experts estimate that internet connected cars will grow to 152 million, while over 100 million internet connected wireless light bulbs and lamps will be operational by 2020. These and many other intriguing statistics highlight the importance of Internet powered devices and how market penetration is going to multiply many times over in the next few years.
Jul. 5, 2015 03:00 PM EDT Reads: 2,385
17th Cloud Expo, taking place Nov 3-5, 2015, at the Santa Clara Convention Center in Santa Clara, CA, will feature technical sessions from a rock star conference faculty and the leading industry players in the world. Cloud computing is now being embraced by a majority of enterprises of all sizes. Yesterday's debate about public vs. private has transformed into the reality of hybrid cloud: a recent survey shows that 74% of enterprises have a hybrid cloud strategy. Meanwhile, 94% of enterprises are using some form of XaaS – software, platform, and infrastructure as a service.
Jul. 5, 2015 03:00 PM EDT Reads: 1,282
The basic integration architecture, as defined by ESBs, hasn’t changed for more than a decade. Most cloud integration providers still rely on an ESB architecture and their proprietary connectors. As a result, enterprise integration projects suffer from constraints of availability and reliability of these connectors that are not re-usable across other integration vendors. However, the rapid adoption of APIs and almost ubiquitous availability of APIs amongst most SaaS and Cloud applications are rapidly redefining traditional integration approaches and their reliance on proprietary connectors. ...
Jul. 5, 2015 02:30 PM EDT Reads: 1,194
SYS-CON Events announced today that Dyn, the worldwide leader in Internet Performance, will exhibit at SYS-CON's 17th International Cloud Expo®, which will take place on November 3-5, 2015, at the Santa Clara Convention Center in Santa Clara, CA. Dyn is a cloud-based Internet Performance company. Dyn helps companies monitor, control, and optimize online infrastructure for an exceptional end-user experience. Through a world-class network and unrivaled, objective intelligence into Internet conditions, Dyn ensures traffic gets delivered faster, safer, and more reliably than ever.
Jul. 5, 2015 02:30 PM EDT Reads: 1,916
"We have a tagline - "Power in the API Economy." What that means is everything that is built in applications and connected applications is done through APIs," explained Roberto Medrano, Executive Vice President at Akana, in this SYS-CON.tv interview at 16th Cloud Expo, held June 9-11, 2015, at the Javits Center in New York City.
Jul. 5, 2015 01:30 PM EDT Reads: 1,532
WebRTC converts the entire network into a ubiquitous communications cloud thereby connecting anytime, anywhere through any point. In his session at WebRTC Summit,, Mark Castleman, EIR at Bell Labs and Head of Future X Labs, will discuss how the transformational nature of communications is achieved through the democratizing force of WebRTC. WebRTC is doing for voice what HTML did for web content.
Jul. 5, 2015 01:00 PM EDT Reads: 1,303
Today air travel is a minefield of delays, hassles and customer disappointment. Airlines struggle to revitalize the experience. GE and M2Mi will demonstrate practical examples of how IoT solutions are helping airlines bring back personalization, reduce trip time and improve reliability. In their session at @ThingsExpo, Shyam Varan Nath, Principal Architect with GE, and Dr. Sarah Cooper, M2Mi’s VP Business Development and Engineering, will explore the IoT cloud-based platform technologies driving this change including privacy controls, data transparency and integration of real time context wi...
Jul. 5, 2015 12:00 PM EDT Reads: 1,559
Buzzword alert: Microservices and IoT at a DevOps conference? What could possibly go wrong? In this Power Panel at DevOps Summit, moderated by Jason Bloomberg, the leading expert on architecting agility for the enterprise and president of Intellyx, panelists peeled away the buzz and discuss the important architectural principles behind implementing IoT solutions for the enterprise. As remote IoT devices and sensors become increasingly intelligent, they become part of our distributed cloud environment, and we must architect and code accordingly. At the very least, you'll have no problem fillin...
Jul. 5, 2015 11:45 AM EDT Reads: 2,462
The 17th International Cloud Expo has announced that its Call for Papers is open. 17th International Cloud Expo, to be held November 3-5, 2015, at the Santa Clara Convention Center in Santa Clara, CA, brings together Cloud Computing, APM, APIs, Microservices, Security, Big Data, Internet of Things, DevOps and WebRTC to one location. With cloud computing driving a higher percentage of enterprise IT budgets every year, it becomes increasingly important to plant your flag in this fast-expanding business opportunity. Submit your speaking proposal today!
Jul. 5, 2015 11:30 AM EDT Reads: 1,304
The 5th International DevOps Summit, co-located with 17th International Cloud Expo – being held November 3-5, 2015, at the Santa Clara Convention Center in Santa Clara, CA – announces that its Call for Papers is open. Born out of proven success in agile development, cloud computing, and process automation, DevOps is a macro trend you cannot afford to miss. From showcase success stories from early adopters and web-scale businesses, DevOps is expanding to organizations of all sizes, including the world's largest enterprises – and delivering real results. Among the proven benefits, DevOps is corr...
Jul. 5, 2015 10:15 AM EDT Reads: 1,314
The Internet of Things is not only adding billions of sensors and billions of terabytes to the Internet. It is also forcing a fundamental change in the way we envision Information Technology. For the first time, more data is being created by devices at the edge of the Internet rather than from centralized systems. What does this mean for today's IT professional? In this Power Panel at @ThingsExpo, moderated by Conference Chair Roger Strukhoff, panelists addressed this very serious issue of profound change in the industry.
Jul. 5, 2015 09:30 AM EDT Reads: 1,660
Internet of Things (IoT) will be a hybrid ecosystem of diverse devices and sensors collaborating with operational and enterprise systems to create the next big application. In their session at @ThingsExpo, Bramh Gupta, founder and CEO of robomq.io, and Fred Yatzeck, principal architect leading product development at robomq.io, discussed how choosing the right middleware and integration strategy from the get-go will enable IoT solution developers to adapt and grow with the industry, while at the same time reduce Time to Market (TTM) by using plug and play capabilities offered by a robust IoT ...
Jul. 5, 2015 09:00 AM EDT Reads: 2,412
SYS-CON Events announced today that Secure Infrastructure & Services will exhibit at SYS-CON's 17th International Cloud Expo®, which will take place on November 3–5, 2015, at the Santa Clara Convention Center in Santa Clara, CA. Secure Infrastructure & Services (SIAS) is a managed services provider of cloud computing solutions for the IBM Power Systems market. The company helps mid-market firms built on IBM hardware platforms to deploy new levels of reliable and cost-effective computing and high availability solutions, leveraging the cloud and the benefits of Infrastructure-as-a-Service (IaaS...
Jul. 5, 2015 09:00 AM EDT Reads: 1,536
Explosive growth in connected devices. Enormous amounts of data for collection and analysis. Critical use of data for split-second decision making and actionable information. All three are factors in making the Internet of Things a reality. Yet, any one factor would have an IT organization pondering its infrastructure strategy. How should your organization enhance its IT framework to enable an Internet of Things implementation? In his session at @ThingsExpo, James Kirkland, Red Hat's Chief Architect for the Internet of Things and Intelligent Systems, described how to revolutionize your archit...
Jul. 4, 2015 07:00 AM EDT Reads: 1,196
It is one thing to build single industrial IoT applications, but what will it take to build the Smart Cities and truly society-changing applications of the future? The technology won’t be the problem, it will be the number of parties that need to work together and be aligned in their motivation to succeed. In his session at @ThingsExpo, Jason Mondanaro, Director, Product Management at Metanga, discussed how you can plan to cooperate, partner, and form lasting all-star teams to change the world and it starts with business models and monetization strategies.
Jul. 3, 2015 12:00 PM EDT Reads: 2,439
SYS-CON Events announced today that BMC will exhibit at SYS-CON's 16th International Cloud Expo®, which will take place on June 9-11, 2015, at the Javits Center in New York City, NY. BMC delivers software solutions that help IT transform digital enterprises for the ultimate competitive business advantage. BMC has worked with thousands of leading companies to create and deliver powerful IT management services. From mainframe to cloud to mobile, BMC pairs high-speed digital innovation with robust IT industrialization – allowing customers to provide amazing user experiences with optimized IT per...
Jun. 29, 2015 12:15 PM EDT Reads: 2,860
There will be 150 billion connected devices by 2020. New digital businesses have already disrupted value chains across every industry. APIs are at the center of the digital business. You need to understand what assets you have that can be exposed digitally, what their digital value chain is, and how to create an effective business model around that value chain to compete in this economy. No enterprise can be complacent and not engage in the digital economy. Learn how to be the disruptor and not the disruptee.
Jun. 29, 2015 11:00 AM EDT Reads: 2,299
The Internet of Things is not only adding billions of sensors and billions of terabytes to the Internet. It is also forcing a fundamental change in the way we envision Information Technology. For the first time, more data is being created by devices at the edge of the Internet rather than from centralized systems. What does this mean for today's IT professional? In this Power Panel at @ThingsExpo, moderated by Conference Chair Roger Strukhoff, panelists will addresses this very serious issue of profound change in the industry.
Jun. 29, 2015 09:45 AM EDT Reads: 2,656