OTTAWA — The future of Senate reform will be made clear in one week. The Supreme Court of Canada announced Thursday that it will give its opinion on the Harper government’s plans for the Senate on April 25.
The decision comes earlier than many had expected, and will land just before MPs and senators return to Parliament Hill from a two-week break.
Once the decision arrives, the federal government will know how much power it has on its own to reform or abolish the Senate, and how much buy-in it needs from provinces.
The Senate has not been far from the news. Earlier this week, the RCMP said it would not be laying charges against a top aide to Prime Minister Stephen Harper who was involved in helping a now-suspended senator, Mike Duffy, replay questionable expense claims.
Three senators, Duffy, Pamela Wallin and Patrick Brazeau are currently suspended. The auditor general is looking into Senate spending, and late last year, Liberal Leader Justin Trudeau punted the Senate Liberals from his caucus.
What are the implications?
Harper has long promised — and thus far not delivered — Senate reform. He has even said that if the upper chamber can’t be reformed, it should be abolished.
The NDP wants to see the chamber abolished and believes it can make that happen.
The Liberals have argued it’s possible to reform the Senate without opening up the Constitution.
The Supreme Court decision will determine how easily each of them can make good on their political promises.
What’s the court deciding?
The court will provide a roadmap to follow if the government wants to change the upper chamber, such as trying to set nine-year term limits for senators; removing the requirement for senators to own $4,000 worth of property; holding elections to select nominees for a Senate appointment; or getting rid of the red chamber altogether.
What is the government’s position?
It alone can impose term limits and create a voluntary framework for provinces to hold elections for Senate nominees. (The prime minister would then, theoretically, choose senators from among the winners, as Prime Minister Stephen Harper has done with four senators from Alberta.) On abolition, it says it needs the agreement of seven provinces with half the population.
Which provinces are siding with the government on term limits?
Ontario is supporting the government on term limits, but only if they are for nine years or more.
Saskatchewan is taking the same stand on term limits, but only if they are 10 years or more.
Which provinces are siding with the government on abolition of the Senate?
Alberta, Saskatchewan and British Columbia.
Which provinces are siding with the government on Senate elections?
Alberta and Saskatchewan.
What do the others say?
Newfoundland and Labrador, Nova Scotia, Prince Edward Island, Quebec and New Brunswick say term limits and Senate elections require the consent of seven provinces with half the population (known as the “7/50” rule); they say outright abolition requires the unanimous agreement of the provinces.
British Columbia argues the 7/50 rule applies for any reforms.
Quebec argues it must give consent for the federal government to eliminate or change a special requirement in the Constitution for Quebec senators to either own $4,000 of property or reside in their senatorial district.
Nunavut and Northwest Territories argue Senate abolition can’t take place without consultations with northern peoples.
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