Senate Reform Without Constitutional Messiness

Prime Minister Stephen Harper signaled plans to appoint three defeated Conservative candidates to the Senate yesterday. Larry Smith and Josee Verner will be representing Quebec, while Fabian Manning will be representing Newfoundland & Labrador.

Reform of the Senate is usually messy because it requires a change to the Constitution. However, here is an idea (which I am basing loosely off of a proposal put forward in the British House of Lords) that could reform the Senate without having to amend the Constitution.

1) Nothing in this proposal shall limit the Governor General's ability to summon individuals to the Senate.

2) The Government shall recommend no individual of the governing party, or any party in a coalition government, to be appointed to the Senate unless all of the following would be met by the acceptance by the Governor General of the recommendation:

a) There are no fewer than 20 Senators independent of any political party,

b) Each party has no fewer than three Senators, unless the individuals recommended are associated with a party with fewer than three Senators, or unless the leader of a party waives this minimum in writing to the Governor General,

c) No party has a majority of Senators, unless the individual being recommended is not associated with the party with a majority of Senators,

d) The governing party, or the largest party in a coalition government, has no more than three Senators above the largest opposition party that does not waive their minimum number of Senators as per subsection (b).

3) Section 2 shall be waived if the individual being recommended for appointment has been duly elected by the citizens of a province or territory, subject to the Canada Elections Act.

4) The Prime Minister or his designate shall submit a recommendation of an individual to fill a vacancy in the Senate no later than six months after the vacancy shall occur, subject to the requirements of Sections 2 and 3.

Basically, this means that the government has to ensure that each party that wants to be in the Senate get into the Senate (assuming they have enough seats in the House), prevents the government from stacking the Senate, and ensures that the Senate maintains its original intent as the Chamber for Sober Second Thought.