Senate of Canada

Senate of Canada
Kelvin Chan · CC BY-SA 4.0 · source
Name	Senate of Canada
Legislature	Parliament of Canada
House type	Upper house
Body	Parliament of Canada
Leader1 type	Speaker
Members	105
Voting system1	Appointment by Governor General on advice of Prime Minister
Meeting place	Parliament Hill

Senate of Canada is the appointed upper chamber of the bicameral Parliament of Canada sitting in Ottawa on Parliament Hill. Established at Confederation by the British North America Act, 1867 (now the Constitution Act, 1867), it was modeled in part on the House of Lords and the Legislative Council of Upper Canada to provide regional representation and legislative review. Over its history it has intersected with figures and events such as John A. Macdonald, the Laurier era, the King–Byng affair, the Persons Case, and constitutional debates including the Meech Lake Accord and the Charlottetown Accord.

History

The chamber traces origins to debates at the Quebec Conference (1864), the London Conference (1866), and the drafting of the British North America Act, 1867 where delegates including George-Étienne Cartier, Sir John A. Macdonald, and Alexander Galt debated regional balance among Ontario, Quebec, New Brunswick, and Nova Scotia. Early controversies involved appointments by successive prime ministers such as Sir John A. Macdonald and factions like the Conservatives and the Liberal Party of Canada; later reforms and crises featured actors including William Lyon Mackenzie King, Robert Borden, and Louis St. Laurent. Landmark legal and social moments touching the chamber included the Persons Case (involving the Famous Five), judicial review by the Supreme Court of Canada, and constitutional entanglements in the Patriation of the Constitution and the Constitution Act, 1982. The chamber’s role has been shaped by appointments during wartime crises such as World War I and World War II, by scandals like the Shawinigate-era controversies, and by contemporary reforms initiated by leaders including Stephen Harper and Justin Trudeau.

Composition and Membership

The body comprises 105 members appointed by the Governor General of Canada on the advice of the Prime Minister of Canada, with regionally allocated seats for Ontario, Quebec, Maritimes, and the Western provinces, plus special seats for Newfoundland and Labrador and the Northwest Territories and Yukon; the distribution echoes compromises from the Charlottetown Conference and subsequent provincial negotiations. Senators must meet constitutional qualifications tied to residence in their represented divisions and property criteria referenced in the Constitution Act, 1867. High-profile appointees have included former premiers such as Bob Rae and Raymond J. Krueger; public figures like Wanda Thomas Bernard, Yonah Martin, and Mike Duffy have drawn attention. Party caucuses historically included the Senate Liberal Caucus, the Conservative Party of Canada group, and crossbench independents drawn to the Independent Senators Group and the Progressive Senate Group following reforms under Justin Trudeau and advisory processes involving the Independent Advisory Board for Senate Appointments.

Powers and Functions

The chamber exercises legislative review, amendment and veto powers over bills passed by the House of Commons of Canada; it participates in the passage of appropriation and tax measures, though constitutional conventions limit its obstruction of supply following precedents such as the King–Byng affair and parliamentary practices reflecting the Westminster system. It conducts investigative work via committees such as the Standing Senate Committee on National Finance, the Standing Senate Committee on Legal and Constitutional Affairs, and the Standing Senate Committee on Social Affairs, Science and Technology, producing reports that influence public policy debates involving ministries like the Department of Finance (Canada), the Department of Justice (Canada), and agencies such as Canada Revenue Agency. The chamber also fulfills roles in appointments, honours, and regional representation in federal institutions, and has been the setting for public inquiries related to events like the Sponsorship Scandal and debates over statutes including the Official Languages Act.

Procedure and Operations

Procedural rules derive from the Standing Orders of the Senate, parliamentary precedents, and constitutional conventions shaped by authorities such as the Clerk of the Senate and the Speaker of the Senate. Legislative stages—first reading, second reading, committee stage, report stage, and third reading—mirror practices in bodies like the House of Lords and the Senate of Australia, while committees summon witnesses including officials from the Royal Canadian Mounted Police, academics from institutions like the University of Toronto and McGill University, and civil society groups such as the Canadian Bar Association and Canadian Civil Liberties Association. The chamber convenes in the Senate of Canada Building (formerly the Government Conference Centre) during restoration of the Centre Block, employing procedures for cloture, motions of non-confidence, and conference committees when joint consideration with the House of Commons is required.

Relationship with the House of Commons and Federal Government

Interactions between the chamber and the House of Commons of Canada are governed by constitutional provisions in the Constitution Act, 1867, political conventions, and historical crises such as the King–Byng affair which clarified responsible government principles. While the Prime Minister of Canada and Cabinet are drawn from the commons and occasional senators, the upper chamber reviews legislation and can delay or amend bills, prompting negotiations over finance bills and confidence matters involving the Governor General of Canada and vice-regal prerogatives. Interparliamentary dynamics have involved joint committees, prorogation disputes during the governments of Stephen Harper and Paul Martin, and constitutional dialogues with premiers such as Brian Mulroney and Jean Chrétien during attempts at Senate reform.

Criticism, Reform and Controversies

Criticism has targeted perceived democratic deficits, patronage in appointments, and expenses scandals exemplified by figures like Mike Duffy and inquiries related to the Sponsorship Scandal. Reform proposals have ranged from elected senates advocated by premiers such as Robert Bourassa and scholars at the Institute for Research on Public Policy to constitutional amendments debated in the Charlottetown Accord and the Meech Lake Accord. Recent reforms under prime ministers including Justin Trudeau introduced independent advisory appointments and led to realignments like the rise of the Independent Senators Group, prompting debate in legal circles represented by scholars from University of Ottawa and commentators in outlets such as The Globe and Mail and National Post. Ongoing controversies touch on federal–provincial relations involving Quebec, Indigenous representation highlighted by leaders such as Phil Fontaine and Perry Bellegarde, and judicial scrutiny by the Supreme Court of Canada over constitutional limits to reform.

Category:Parliament of Canada