The Senate--an essential House of Parliament.

• Author: Kinsella, Noel A.

The Senate plays a critical role in the form and function of the Canadian Parliament. In this article, the Hon. Noel A. Kinsella highlights the Senate's role as a regional counterweight to representation by population, an independent source of legislative review, an excellent source for investigative policy studies, and a place where appointments can sometimes balance disparities in representation of the Canadian population in the elected chamber. This article is revised from remarks made to the 31st Canadian Presiding Officers' Conference in Ottawa.

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Yet again the Senate is at the centre of a constitutional debate. Last November, the Supreme Court of Canada sat three days hearing arguments on the Senate, dealing with various issues about its reform or abolition. These questions were brought forward by the federal government to clarify the parameters of possible changes or reforms to the Senate. In brief, the government wants to know what it can do without involving the constitutional amending formula of either 7/50 or unanimity. This concentrated attention is not new: in Quebec City in 1864, the Fathers of Confederation devoted six days to the topic of the Senate.

Whatever the outcome of the reference to the Supreme Court, it is safe to say that the Senate is here for the foreseeable future--and this is a good thing. The Senate fulfills a useful function that is necessary to effective lawmaking, proper policy development and sustained national cohesion. A brief review of the structure and composition of the Senate first may be helpful.

Structure

The normal membership of the Senate now totals 105. Originally there were 72 with 24 for each of the three regions that comprised Canada at the time of Confederation. As the country grew, adjustments were made to accommodate the addition of new provinces. An amendment to the British North America Act by the Parliament at Westminster in 1915 added a fourth region, the western division. The provinces of Manitoba, Saskatchewan, Alberta and British Columbia were each allocated six senators. An increase of six more seats was made when Newfoundland and Labrador joined Confederation in 1949. Three other seats were added over the years, one for each of the territories.

The regional structure of the Senate was devised to accommodate the less populous provinces. Without it, there would have been no Confederation in 1867. Then as now, Canada was challenged by an uneven population distribution. Over 60 per cent of our people now inhabit just two provinces, Ontario and Quebec. This is the demographic imbalance that also had to be effectively addressed by the Fathers of Confederation in order to ensure for healthy regional representation and, in the case of Quebec, its distinct linguistic, legal and religious features. The solution to these challenges was the Senate. By insisting on regional equality, the interests and characteristics of the different parts of the country were acknowledged and given appropriate weight within a bi-cameral parliament.

The long mandate of senators--originally appointed for life but since 1965 to the age of 75--was designed to guarantee independence and autonomy. Appointment would ensure that the Senate was neither accountable to nor subject to outside pressures. In this respect, senators are in some ways similar to judges of our federal courts. They too are appointed for a fixed term and it is this feature that ensures the independence that keeps the judges free of any improper interference from the government or Parliament. The independence of senators today is still real, but it is tempered by political allegiances and also by self-restraint. The modern Senate recognizes that it must yield to the will of the Commons when there are sustained differences over legislation, unless there is a credible compelling reason not to. This self-restraint is part of the evolution and transformation that has occurred with the Senate over the years. This transformation coincided with the expansion of the vote, the growth in the role of government and the increased activity of members of the House of Commons as ombudsmen for their constituents. The modern Senate is no longer the Chamber of a...