Standing Senate of Canada

Standing Senate of Canada
Name	Standing Senate of Canada
Legislature	Parliament of Canada
House type	Upper chamber
Founded	1867
Preceded by	Legislative Council of the Province of Canada
Leader1 type	Speaker
Members	105
Meeting place	Parliament Buildings, Ottawa

Standing Senate of Canada

The Standing Senate of Canada is the upper chamber of the Parliament of Canada established by the British North America Act, 1867 to provide regional representation within Canada's federal bicameral legislature. It has served alongside the House of Commons of Canada since Confederation, engaging with figures and institutions such as the Prime Minister of Canada, the Governor General of Canada, and the Supreme Court of Canada. Over time the chamber has interacted with provinces like Ontario, Quebec, Nova Scotia, and New Brunswick and has been influenced by events such as the Persons Case, the Patriation of the Constitution, and reforms proposed by leaders including Pierre Trudeau, Brian Mulroney, and Justin Trudeau.

History

Created by the British North America Act, 1867 during the conferences at Charlottetown Conference and Quebec Conference (1864), the chamber inherited features from the Legislative Council of the Province of Canada and models such as the House of Lords and Senate of the United States. Early debates involved figures like John A. Macdonald, George-Étienne Cartier, and Alexander Mackenzie over regional balance and appointments. Major historical milestones include the interpretation of senatorial qualifications in the wake of the Persons Case led by the Famous Five and jurisdictional disputes resolved by the Judicial Committee of the Privy Council and later by the Supreme Court of Canada. The chamber's role evolved through constitutional developments such as the Statute of Westminster 1931 and the Constitution Act, 1982, and through controversies linked to appointments during administrations of William Lyon Mackenzie King, Lester B. Pearson, Jean Chrétien, Stephen Harper, and Justin Trudeau.

Mandate and Functions

The chamber's statutory mandate arises from the Constitution Act, 1867 to provide "sober second thought" on legislation originating in the House of Commons of Canada, to review bills related to taxation and expenditure, and to represent regional interests of provinces including British Columbia, Prince Edward Island, and the Territories of Canada such as Yukon. It exercises powers akin to those in other upper houses like the Senate of the United States and the House of Lords including the ability to propose amendments, delay legislation, and initiate money bills in exceptional circumstances. The chamber's oversight functions have included scrutiny over federal appointments such as to the Royal Canadian Mounted Police, the Bank of Canada, and the Canadian Security Intelligence Service, as well as studies impacting statutes like the Criminal Code and statutes arising from agreements such as the North American Free Trade Agreement and the Canada–United States–Mexico Agreement.

Composition and Membership

Membership is set at 105 by the Constitution Act, 1867 with regional divisions for Quebec, Ontario, Maritimes, and the Western provinces. Senators are appointed by the Governor General of Canada on the advice of the Prime Minister of Canada; appointments historically involved patronage under leaders such as John Diefenbaker and Pierre Trudeau and have been reformed via advisory mechanisms introduced by Justin Trudeau and the Independent Advisory Board for Senate Appointments. Eligibility criteria reference property and residency requirements once rooted in precedents from Upper Canada and Lower Canada, while modern debates have engaged institutions like the Privy Council Office and organizations including the Canadian Bar Association and Federation of Canadian Municipalities.

Leadership and Committees

Leadership roles include the Speaker of the Senate, the Representative of the Government in the Senate, and the Leader of the Opposition in the Senate, often reflecting allegiances similar to those in the House of Commons of Canada and the Senate of Australia. Notable leaders have included Raymond Dickinson, Muriel McQueen Fergusson, and recent figures appointed under administrations such as Paul Martin and Stephen Harper. The chamber operates through standing and special committees that mirror parliamentary scrutiny in committees like Standing Committee on National Finance, Standing Committee on Legal and Constitutional Affairs, and Standing Committee on Foreign Affairs. These committees have studied matters involving the Canada Health Act, the Fisheries Act, and international instruments like the United Nations Charter and treaties negotiated by Global Affairs Canada.

Procedures and Operations

Proceedings follow rules established in the Senate Rules and affect interactions with procedures in the House of Commons of Canada including stages of bill passage, committee referrals, and royal assent by the Governor General of Canada. Practices such as filibuster, unanimous consent, and motions for closure have been used in high-profile confrontations over legislation like the Clarity Act, the Anti-terrorism Act, and budgets associated with ministers in cabinets led by Brian Mulroney and Jean Chrétien. Administrative support comes from offices like the Senate Administrative Services, the Library of Parliament, and the Parliamentary Protective Service, while ethics and conflict-of-interest matters have involved the Office of the Conflict of Interest and Ethics Commissioner and inquiries comparable to those involving commissions such as the Gomery Commission.

Notable Reports and Impact

Senate committees and reports have shaped policy areas through influential publications including studies on the Indigenous peoples in Canada and the Royal Commission on Aboriginal Peoples, examinations of the Senate expenses scandal, and reviews informing reforms to institutions like the Canada Pension Plan and the Canada Health Act. Reports on whistleblower protection, climate policy referencing the Paris Agreement, and criminal justice reforms tied to the Criminal Code have prompted responses from cabinets led by Justin Trudeau and Stephen Harper. The chamber's inquiries have also intersected with provincial entities like the Government of Quebec and federal agencies including the Royal Canadian Mounted Police, thereby affecting legislation, public administration, and constitutional discourse involving figures such as Chief Justice Beverley McLachlin.

Category:Parliament of Canada Category:Canadian upper houses