Question 7: On the Senate
Question 7
Do you support the Government of Alberta working with the governments of other willing provinces to amend the Canadian constitution to abolish the unelected Senate?
Background: The Role of the Senate
The Senate of Canada is an integral part of Canada's parliamentary democracy. It was designed to provide "sober second thought" on legislation passed by the House of Commons, to represent regional interests, and to serve as a check on the power of elected governments.
While the Senate has evolved significantly over the past 159 years, debates about its role, effectiveness, and method of appointment continue to shape discussions about its future.
The Senate was created by the Constitution Act, 1867 (formerly the British North America Act). The Fathers of Confederation looked to both the British House of Lords and the United States Senate when designing Canada's upper chamber. Several objectives informed its creation. The Senate was specifically designed to represent regions within the federation. Over time, it has also become a forum for voices that may be underrepresented in electoral politics, including Indigenous peoples, linguistic minorities, and other minorities within Canadian society.
Seats in the Senate are allocated by region: Ontario, Quebec, the Maritime provinces and the Western Provinces each have 24 seats; Newfoundland and Labrador has 6 seats and the three Territories each have one seat. This distribution reflects the historical reality at the time of Confederation and later constitutional amendments.
Most bills passed by the House of Commons must also be approved by the Senate before becoming law. Senators review legislation clause by clause and may propose amendments. The Senate can vote against legislation sent to them from the House of Commons, but this happens rarely. Much of the Senate's influence is exercised through its committees.
Senate committees generally do outstanding work, often taking the time to consider important issues of public policy that House of Commons committees do not have the time for, or interest in taking up. Senate committees often hear from a wide range of people and interests that may not have other means of having their voices and concerns heard.
Under the Constitution, senators are formally appointed by the Governor General on the advice of the Prime Minister. Historically, appointments were largely partisan, with prime ministers selecting individuals affiliated with their political party.
Senate Reform:
Discussions and debate about the usefulness of the Senate and its ability to fairly represent the regions of Canada, helped lead to the creation of the Reform Party which demanded a Triple “E” Senate: elected, equal and effective.
The Reform Party was a powerful voice for change, and when Stephen Harper became Prime Minister in 2006, he began his pursuit of Senate reform. None of his initiatives, legislative or otherwise, succeeded and in 2014 he submitted a reference case to the Supreme Court of Canada, asking a series of questions regarding fundamental change to the Senate, including its abolition.
The Court’s response to those questions put severe constraints on the possibility of making major changes to the Senate. The Court emphasized that the Senate is a foundational component of Canada's constitutional architecture and cannot be fundamentally transformed without substantial provincial participation. It concluded that:
Parliament alone cannot create an elected Senate.
Parliament alone cannot impose term limits that fundamentally alter the institution.
Abolishing the Senate would require unanimous consent of Parliament and all provinces.
Changing the fundamental characteristics of the Senate, such as electing senators, altering provincial seat allocations and modifying senators’ tenure, would require approval of Parliament and at least seven provinces representing at least 50 percent of Canada's population: the 7/50 formula.
After the Supreme Court decision, Prime Minister Harper abandoned all attempts at Senate Reform.
In 2016, Prime Minister Trudeau wanted to create a more independent, less partisan Senate but was constrained by the 2014 court decision.
To make the kind of change he wanted, he established an Independent Advisory Board to vet interested candidates for the Senate and create a short-list from which he could make appointments.
He also removed Liberal Senators from the Liberal government caucus and indicated that they would sit as independents. Today, individual Senators sit in several caucuses or groups: the Independent Senators Group; the Canadian Senators Group; the Progressive Senators Group; the Conservative Party of Canada; and the Non-affiliated group.
This year, Prime Minister Carney announced that he believes being a partisan should not be a barrier to a Senate appointment. Two of his recent appointments reflect this change. He also appears to be looking for Senators with expertise in areas that will help move his economic agenda through the legislative process more quickly.
The Reality:
Given the 2014 Supreme Court ruling that abolishing the Senate would require the consent of Parliament (including the Senate itself) and the unanimous consent of all ten provinces, it is almost impossible to imagine that any effort to abolish the Senate will be successful.
And considering that one of the founding principles of the Senate is the protection of regional interests, it seems unlikely that Alberta would find many “other willing provinces” agreeing to give up on that principle, however flawed it may be in practice.
The reality is that even if a majority of Albertans vote yes to this question, there is little chance that anything will happen as a result, other than, perhaps, futile and divisive debates, that distract from the more important issues facing Alberta.
Our view
We are voting NO on Question 7.