Quebec Court Says Harper Can’t Reform Senate without Provinces

This article was last updated on April 16, 2022

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The federal government now has to face a hurdle in its plans to individually reform the rules involving selection of senators and the length of their terms in the Upper Chamber.  A unanimous ruling announced on Thursday by the Quebec Court of Appeal ruled against Ottawa’s proposed method of legislation reformation, which alleged that provinces shall hold Senate elections and limit the terms of future senators to nine years.

Apart from this ruling, the federal government has already submitted its plans for gradual Senate reform to the Supreme Court of Canada, and it is possible that it may arrive on a different conclusion and endorse the changes. Prime Minister Stephen Harper has already cautioned publicly that if he is not allowed to reform the Senate, he might as well consider abolishing the much-defamed institution.

Regardless of the plans of the federal government, the Quebec government has opposed Ottawa’s plans, as it submitted a list of three detailed questions to the Quebec Court of Appeal to obtain its interpretation. Consequently, the Quebec Court of Appeal ruled that the proposed changes will only be officiated after at least two-thirds of the provinces are in agreement, which actually represents more than half of the country’s population. It was added that the proposed changes were of a constitutional nature and hence shall be subjected to the amendment formula contained in the 1982 Constitution Act. The Supreme Court of Canada is scheduled to hear the federal government’s reference next month.

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