Canadian Senate reform faces many legal and political hurdles

Newly appointed Minister of State (Democratic Reform) Tim Uppal has some ambitious goals with regard to Senate reform, but may not be able to deliver.

As the National Post reported, the Conservative government is set to introduce two bills that would take "baby steps" toward a reformed, more democratic Senate.

One bill would set out a process for Senate elections in the provinces, while the other would limit a senator's term to 10 to 12 years. The limit is likely to be raised from the Tories' original proposal of eight years in order to secure Liberal support in the upper chamber.

Quebec, however, is threatening the Stephen Harper government with a trip to the Supreme Court to block any unilateral moves to reform the Senate.

"It would be, I think, illegal to proceed unilaterally with a federal law and that's what we're opposed to," Quebec's Intergovernmental Affairs Minister Pierre Moreau told the Canadian Press.

"We are not objecting to modernization of the Senate itself, but we think that any change for that chamber should go through a constitutional amendment . . . That is the official position of Quebec; it has been the same for the last 20 years and more."

Ned Franks, a Queen's University professor emeritus of political studies, told the Edmonton Sun the Supreme Court has already ruled Ottawa can't make substantial changes to the Senate without the approval of the provinces.

"I see no likelihood that the proposals that are going to be made by this government will be sustained in the courts. So I look at it as an exercise in wishful thinking and futility," he said.

Political scientist David E. Smith told the Globe and Mail reforming the Senate is fraught with both legal and practical difficulties.

"Even if the federal government has the authority to permit elected senators, each province would probably enact its own rules for such elections, if deciding to act at all," he said.

"You're going to end up with an array of provincial rules for the indirect election of a national official. And I think that raises some questions."

While Uppal's goals are laudable, are they realistic without constitutional reform?

(Reuters Photo)