OP-ED: Canada’s federal institutions are failing Canadians

Jim Mason writes, "It is increasingly obvious that Canada’s federal institutions are failing Canadians. Recent events underline a growing institutional dysfunction that requires major reform."

By Jim Mason

It is increasingly obvious that Canada’s federal institutions are failing Canadians. Recent events underline a growing institutional dysfunction that requires major reform.

This year alone, then-Prime Minister Justin Trudeau asked the Governor General – a Trudeau appointee – to prorogue Parliament for no reason other than to more easily facilitate a Liberal leadership transition. Soon after, new Prime Minister Mark Carney’s government delayed the federal budget, the single most important piece of legislation any democratic government needs to produce – again out of pure political calculation. Then a non-confidence motion was decided on a voice vote, an egregious abuse of Parliamentary convention. These are just three examples that underscore deep systemic flaws.

Our political institutions were originally designed for a vastly different era. In 1867, Canada had just 3.4 million people in four provinces, travel was mainly by horse-and-buggy, and communication via handwritten letter. Yet today, over 40 million Canadians across ten provinces and three territories still rely on essentially the same governmental institutions Canada got at its founding. Doesn’t it seem likely that this structure is no longer optimized for a diverse, modern, technologically advanced nation?

The problems begin at the top. The Governor General, meant to be an impartial representative of the Crown – our head of state – has become little more than a figurehead, appointed by the Prime Minister and often used to send political messages. While retaining some constitutional authority, the Governor General’s role has been effectively neutered by convention and partisan politics.

The Senate, intended to provide “sober second thought” and, more importantly, regional representation, has become a hodgepodge of entrenched ideological actors appointed solely at the Prime Minister's discretion.

The House of Commons, Canada’s primary legislative body, has so many caveats, exceptions and special provisions determining its makeup that a core feature – representation by population – has long since been lost. And its outdated quorum rules permit laws to pass with merely 20 MPs present, meaning just 3 percent of the current 343-member House can push a bill through.

More troubling is the unprecedented power wielded by the Prime Minister’s Office (PMO). The PMO rose to prominence under Pierre Trudeau in the late 1960s. It is staffed mainly by political appointees rather than career civil servants, and is accountable solely to the Prime Minister. This opaque institution virtually dictates policy, controls appointments, disciplines Cabinet and caucus members, and effectively operates as Canada’s de facto executive – without any democratic accountability. It has even been described as more powerful as a governing institution than the U.S. White House. Yet remarkably, the PMO lacks any constitutional legitimacy or statutory basis.

Canada’s judiciary is similarly compromised, with federal and Supreme Court judges appointed by the Prime Minister, risking ideological bias and intellectual stagnation. Rather than strictly interpreting the law, the judicial branch increasingly uses its decisions to shape, advance and even create policies that governments must follow, undermining democratic accountability and separation of powers.

To address these serious deficiencies, Canada should overhaul its federal institutions, drawing from the strengths of the original British North America Act to keep what is still working while redesigning what isn’t in order to adapt to contemporary realities. How could that be done?

Disentangle the current integration of the legislative and executive branches, thereby restoring the lapsed checks and balances built into Canada’s original Constitution, providing proper focus for each branch and enabling clear accountability of function.

Reconfigure the Senate to truly reflect Canada’s regional nature, with 10 Senators from each province and two from each territory, while ending the practice of partisan Senate appointments by selecting Senators randomly from qualified, mature citizens. If randomly chosen juries can determine a person’s fate in a criminal trial, then randomly selected Senators could provide fair oversight of legislation free from partisan agendas.

Adopt a modified proportional representation system for electing MPs, using existing census divisions to more fairly balance ideological, urban-rural and geographical representation. Coupled with modified criteria for recognizing official parties, the reformed House of Commons would accurately reflect the diverse perspectives of Canadian voters without the disruption that fringe parties often cause in proportional representation assemblies.

Depoliticize judicial appointments by establishing an objective, merit-based selection pool determined by peer consensus among legal professionals. This method would guarantee that judges were selected for impartiality, excellence and commitment to applying the law without ideological bias.

Impose strict term limits on key officials — including Senators, judges and executive officers — to prevent ideological entrenchment and stagnation, fostering regular renewal of ideas and personnel within the federal government.

Raise the qualifications for voters and candidates, emphasizing maturity – raising rather than lowering the voting age as some are advocating – residency, and sole citizenship to ensure informed democratic participation.

Significantly constrain the PMO by restoring transparency and accountability, limiting its role to advisory functions rather than allowing its unchecked executive authority to continue. Essential powers and responsibilities must return to Parliament and constitutionally legitimate institutions.

A more detailed explanation of these reforms can be found in C2C Journal. They are not, in fact, radical; they seek only to preserve what has historically worked, fix what’s clearly broken, and rebuild our political institutions to meet contemporary needs. The purpose is not revolution, but restoration – of purpose, clarity, order and fairness.

Canada’s current dysfunction is neither inevitable nor irreversible. It arises from outdated structures combined with modern abuses of power. With a clear vision and political courage, we can restore fairness, accountability and genuine democratic representation for all Canadians, revitalizing the integrity and effectiveness of our federal institutions for generations to come.

The original, full-length version of this article was recently published in C2C Journal.

Jim Mason holds a BSc in engineering physics and a PhD in experimental nuclear physics. His doctoral research and much of his career involved extensive analysis of “noisy” data to extract useful information, which was then further analyzed to identify meaningful relationships indicative of underlying causes. He is retired and living near Lakefield, Ontario.