The Senate Reference: Supreme Court of Canada Outlines Constitutional Road to Reform.

• Author: Creelman, Katherine

Controversies in the Senate have caused many to question whether we need a Senate at all. Realistically, however, what changes could Parliament make to the Senate? Constitutionally, what changes is Parliament allowed to make to the Senate? In 2014, Parliament found out exactly how it could change--or even abolish--the Senate by asking the Supreme Court of Canada (SCC) in the Senate Reference, 2014 SCC 32.

What is the Senate? What does it do?

The Senate is the second house in Canada's two-house parliamentary system. It is comprised of 105 Senators who are appointed by the Governor General on advice of the federal government. Senators can work until they reach the mandatory retirement age of 75.

The powers and duties of the Senate are described in sections 21-36 of the Constitution Act, 1867. The Senate is often referred to as the 'house of sober second thought' because its major role is reviewing the bills that the House of Commons passes, and ultimately, approving or rejecting them. The Senate can reject bills entirely or suggest improvements. In either case, the bills are sent back to the House of Commons for final ratification.

Why was Senate reform an issue for Parliament?

The concept of Senate reform is almost as old as the Senate itself. Parliament first considered reform measures in 1874--just seven years after the creation of the Senate. In 1874, the House of Commons was asked to consider amending the Constitution to allow each province to choose their own Senators.

Over the years, the major reform measures that have proposed are consultative elections (meaning the Senators are still appointed, but the provinces are asked who are their preferred candidates), limits on the terms for Senators, or the abolition of the Senate entirely.

With the introduction of the National Energy Program (NEP) in the 1970s, the Senate reform conversation heated up. In particular, Albertans thought if they had been represented properly in the Senate, they would not be subject to "majority rule" motions they disagreed with, like the NEP. This is when Alberta rallied behind the idea of a "Triple-E" Senate: an equal, elected, and effective Senate. The Triple-E Senate envisions equal representation of Senate seats for each province and elected Senators to increase accountability to the public. Although a Triple-E Senate never materialized, Alberta implemented its own consultative election process. Starting in 1989, Albertans were given the opportunity to vote on who they would want as a Senator in non-binding polls.

The concept of Senate reform became hot (again) in the late 2000s when Senate controversies came to light, including the suspension of Senators for expense scandals and the criminal trial of Senator Mike Duffy. To address problems with the Senate, in 2011, the Conservative government proposed the...