The Real Problem with Senate Appointments.

• Author: Gussow, David

Canada has observed a 'winner take all' approach to making Senate appointments. Historically, the prime minister has made all appointments to the Upper Chamber. Even now, the current prime minister is making all the appointments, albeit from names submitted by the Independent Advisory Board for Senate appointments. In this article, the author suggests that a procedure for sharing appointments to ensure all leaders of parties are fairly represented. If the current process for selecting independent senators is maintained by future governments, all party leaders should still take turns in choosing senators from the nominees selected by the Independent Advisory Board for Senate Appointments.

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The real problem with Senate appointments has been that the different party leaders since Confederation have not shared the appointments when they have become prime minister. (1) Even now, the current prime minister is making all the appointments, albeit from names submitted by the Independent Advisory Board for Senate appointments. It's the same problem whether independent senators are named or party-based ones. Sharing the appointments among the party leaders is the only solution. Interestingly enough, appointments to the House of Lords have been shared by the prime ministers of the United Kingdom. (2)

Sharing appointments

For the first appointments to the Senate, the Quebec Conference decided that "... all political parties ... be fairly represented." (3) It's now time to let the leaders of parties be fairly represented in making the nominations. If the current prime minister wants to at least have the possibility of a long-term 'independent' Senate then he should start sharing the appointments. Let each of the party leaders in their proper turn select their nominee from those recommended by the Independent Advisory Board for Senate Appointments. And if a new prime minister decides the appointments should be party-based or some other method, then they should still be shared in the same way.

Who nominates and how many?

The process of sharing has to be clear. The simplest way is to allocate the appointments in proportion to the popular vote at the latest federal election in each of the provinces and territories. (4) This way all the party leaders would have nominations to make. It would be like proportional representation (PR) but would be proportional appointments by party leaders. It is very simple, just use the Sainte-Lague method (5) for deciding which party leader would be entitled to nominate senators and how many.

As a result of the 2015 federal election in Ontario, the current leaders (6) of the different federal parties would be entitled to nominate the following numbers according...