Published June 29, 2015, in the Waterloo Region Record.
Three weeks ago, I wrote a column about everyone’s favourite subject: the Senate of Canada. Well, perhaps not quite everyone’s. Stephen Harper’s fondest wish is that the upper house go quietly away and take Mike Duffy with it.
In the column, I suggested the time has come for definitive action – either by blowing the place up (to take a page from Guy Fawkes’ venture in 1605), or by holding a national referendum to abolish it (perhaps in conjunction with the general election this October).
Let’s be candid, reader response to my humble, but helpful suggestions was underwhelming.
For one thing, it appears there are laws against setting off barrels of gunpowder in the basement of the Centre Block. Who knew? And a referendum on abolition is easier to advocate than to make happen.
Our constitutional straitjacket of 1867 makes the Senate virtually immune to fundamental change. Abolition would require the approval of all provincial legislatures plus the House of Commons and the Senate itself. Given the mood of the country these days, it is conceivable that a referendum to abolish would be approved by popular vote nationally. But unless it were approved by voters in each province and territory, it is almost certain that some legislatures would balk. (I’m thinking primarily of Quebec, which has precious little use for the red chamber, but is its devoted defender for reasons we need not go into here.)
The election of a New Democratic Party government under Thomas Mulcair – the only party leader calling for abolition – would give the cause a leg up, but it would not satisfy the constitutional requirement for unanimity. But with the Conservatives and Liberals both talking about the need for reform, there is a chance this year to make some of the most significant changes since 1965 when Lester Pearson’s Liberal government was able to establish a retirement age – 75 – for senators.
The two most needed changes are to eliminate partisanship (every appointment made by the Harper government since it came to office in 2006 has been a Conservative) and to remove the government’s iron control over the upper house. There are various ways these changes could be made. The Constitution mandates that senators be appointed by the Queen on the recommendation of the prime minister. But there is nothing in the Constitution to preclude the prime minister from delegating his authority to provincial governments or legislatures. They could choose the people they think would best represent their regions, present those names to the prime minister who would appoint them (as happens now with special senate nominee elections in Alberta).
Some provinces might prefer to divorce the selection process from politics entirely. They could create panels of non-politicians to seek out and screen prospective senators from all walks of life, to be presented to the PM for appointment. We might get a few poets as well as pipefitters.
Once senators stop being appointed on the basis of service to their party and their loyalty (and usefulness) to the prime minister, it becomes a fairly straightforward matter to eliminate partisanship. Like the Commons, the Senate is master of its own rules. It would not require a constitutional amendment to abolish party caucuses and party whips in the upper house (as the Liberals, under Justin Trudeau, have already done), or to eliminate the position of government leader in the Senate – a position the government uses to control the Senate agenda.
Finally, senators could change their seating arrangements. They could eliminate the centre aisle that separates government senators from opposition senators. With no government senators and no opposition senators, there would be no reason (aside from hoary tradition) for the aisle. The red chamber could be reconfigured to seat members in rows, United Nations-style.
These non-constitutional reforms would not transform the place from the political scrapyard it is today to the chamber of sober second thought that it was meant to be. But they would be a start.