PARLIAMENTARY REPORT


CANADA


REFORMING THE CANADIAN SENATE


The reform of the Senate has been one fundamental element of the Conservative government’s platform since its election in 2006. The government introduced, and reintroduced session after session legislative proposals aimed at reducing the term of Senators to a limited number of years, eight or nine years, and to put in place election, or popular consultation, for the appointment of Senators. Currently, Senators are appointed


Hon. Tim Uppal, MP


by the Governor General, on the advice of the Prime Minister, and serve until they reach the age of 75, regardless of their age at appointment. Questions have, however,


arisen as to whether the changes contemplated would go beyond the power of the federal Parliament, and that provincial consent – through a formal constitutional amendment, would be required. In 2007, the Standing Senate Committee on Legal and Constitutional Affairs had recommended that then


86 | The Parliamentarian | 2013: Issue One


Bill S-4, an Act to amend the Constitution Act, 1867 (Senate tenure), proposing to reduce to eight years the tenure of Senators be not proceeded until the Supreme Court of Canada had ruled on the constitutionality of the proposal. The Senate, then liberal by an overwhelming majority, had concurred into the recommendation, and, as a result, the study on the bill ceased as the government refused to submit the question to the Court. In the subsequent, the government reintroduced on many occasions its proposals on limiting the tenure and electing senators, but the bills did not make progress in Parliament. In 2012, the Government of the Province of Quebec decided to submit to its own Court of Appeal the constitutionality of the Conservative Senate Reform. In February 2013, the federal Minister of State for Democratic Reform, Hon. Tim Uppal, MP, unexpectedly announced that the federal Conservative Government would seek a decision from the Supreme Court as the constitutionality of the reform of the Senate. The question for the Court would be to determine whether the changes proposed affect “the powers of the Senate and the method of selecting Senators” in which case the consent of at least seven provinces representing 50 per cent of the Canadian population would be required in accordance with the Constitutional Amendment formulae.


The Senate, however, came


recently under fire not because of the method of appointment or tenure of Senators, but rather because of certain travel and residential expenses of Senators were questioned. Senators living more than 100 kilometers from Ottawa are entitled to claim expenses for secondary residence in the national capital region. It would appear that some Senators residing in the national capital region have declared their secondary outside the national capital as their primary residence in order to claim the residential allowance. Senators Mike Duffy, Pamela Wallin, Patrick Brazeau, and Mac Harb are under investigation and their files have been referred external auditors. The Senate Administration and the Standing Senate Committee


Hon. Vic Toews, MP


on Internal Economy, Budgets and Administration is conducting a review of the expenses of all Senators. Meanwhile, in February, Senator Brazeau was expelled from the Conservative caucus


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