The Constitution in a Hall of Mirrors: Canada at 150 by David E. Smith (review)

In this thoughtful study David E. Smith, one of Canada's most highly respected political scientists, seeks to demolish a number of myths about the Canadian constitution, since 'the images Canadians perceive in their looking glass are not the institutions that actually serve them' (p. x). Smith argues that although British models were followed in the drafting of the Canadian constitution 150 years ago, the Canadian constitution was never a simple replica of the British constitution and Canadian institutions have increasingly diverged from their British counterparts over time. They have become more distinctly Canadian. Unlike many recent critics of the Fathers of Confederation, Smith has a great deal of respect for their work, pointing out that to dismiss the arrangements agreed upon at the Quebec Conference of 1864 as a political deal 'does an injustice to the vision of the men who conceived' Confederation (p. 51) and who constructed 'one of world's most enduring and successful constitutions' (p. ix). At the centre of the Canadian constitution is the concept of responsible government, an idea transplanted from the United Kingdom which centralises power in the hands of the majority party in the House of Commons. Republicanism and responsible government, he points out, are 'antithetical concepts' (p. 42) and the role of the crown is central to the Canadian system. But not the monarchy. Indeed, Smith argues that in Canada the crown has been largely depersonalised and more discretionary authority will inevitably flow into the hands of the governor-general and the lieutenant governors. Most Canadians, he believes, will welcome this change as the link between the Canadian crown and the British monarchy is gradually and completely decoupled. I find less convincing Smith's defence of the composition and power of the Canadian senate. Smith correctly points out that without the creation of the senate as a guardian of regional interests Confederation might not have taken place in the 1860s. But the senate has never been particularly effective at protecting the interests of the smaller provinces, certainly not over the past hundred years. Most Canadians continue to see the senate as basically ineffective and it is hard to see how making fewer partisan appointments to the senate will alter that reality. Smith also has an intelligent discussion of how the introduction of some method of proportional representation into the House of Commons will alter relations between the Commons, the Crown, and the Senate, the three component parts of the Canadian constitution. Ironically this discussion is predicated upon the belief that Justin Trudeau promised to move in this direction in the last election. But Trudeau abandoned this commitment almost immediately after taking power and it now seems likely that the existing system will continue for the foreseeable future. But this makes it all the more important to read this insightful book in order to understand how the existing system actually works and how it might be improved.