This article was last updated on April 16, 2022
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During the second day of hearings before the Supreme Court of Canada, two provinces presented their standpoint regarding their opinion on how the Senate could be abolished or reformed. Saskatchewan alleged that the Senate is beyond reform, and hence it should be abolished. The province supported the federal government’s position that only seven provinces representing a more than 50 per cent of the population can abolish the Senate, and it is not necessary to seek unanimity among all the provinces and territories to make the decision. On the other hand, Alberta also clearly supported the alleged “7/50 formula” for Senate abolition, although since the province has four elected senators, it claims to prefer to have an elected Senate.
The federal government has inquired top court for an opinion on whether or not it can exclusively regularize term limits on senators. Additionally, it also wants to confirm if it can mandate what it calls “consultative elections,” which force the prime minister to name people who have won elections in their provinces to the Senate.
However, the government has clearly elaborated on its current position, as it says that it is not seeking to abolish the Senate, instead Prime Minister Stephen Harper claims that the Senate must be reformed, and if not, than abolished. The court heard arguments from government lawyers on Tuesday and is now scheduled to take into account views of Newfoundland and Labrador, P.E.I., British Columbia, Northwest Territories and Nunavut on Wednesday.
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