A Senate Proposal

For tabling and consideration in either of the two House of Parliament, or both...

Resolved:

That the people of Canada are anxious for a more democratic and representative Senate which more fairly reflects the various provinces, territories and regions of Canada;

That the recent events concerning the Senate suggest that the continuation of an unelected Senate, as honourable, effective and hard-working as this body has been throughout its history, is unacceptable to the vast majority of citizens;

That the people of Canada prefer that the Senate continue as it was originally intended by the framers of Confederation, that is as a body of “sober second thought” that will continue to canvas dispassionately the measures passed by the House of Commons, and that Canadians prefer that the Senate and the House of Commons not become adversarial as is the case in some other jurisdictions with bicameral systems of government;

That the abolition of the Senate is inappropriate in a federal state where the provinces and territories, and the regions of the country, have real interests and require a legitimate voice at the federal level;

That fairer representation of provinces and territories, and regions of the country, in the Senate may be obtainable by revisions to the rules of Parliament governing how bills are examined and voted on;

That a constitutional framework for the reform of the Senate, while preferable, may not be absolutely necessary, especially if the Senate continues to exercise its role as a body of “sober second thought”; and,

That the following could serve as one possible basis to inform the evolution of the Senate:

1. The Prime Minister may recommend persons to the Governor General for nomination to the Senate who had first been recommended by the Provinces and Territories to fill vacancies as they occur.  One condition for these recommendations and appointments could be that these people may first agree in writing to the Governor General to serve for only nine years (or until they are 75) and to not run for re-election.

2. The Provinces and Territories may recommend any persons to the Prime Minister to fill vacancies, but they may also choose to arrange for the election of Senators to fill such vacancies with the method of election being entirely a matter for the Provinces and Territories in question. Should they fail to recommend any persons to fill the vacancies, the seats may remain vacant for up to a year or until quorum in the Senate is threatened, at which time the Prime Minister could appoint persons to participate in an open, transparent and public process to be established for choosing persons to fill such vacancies, by recommending such persons to the Prime Minister who may then be recommended to the Governor General for that purpose.

3. The Senate could continue to operate according to existing rules and conventions until such time as all members of the Senate may be elected, or appointed by way of a public process, should such appointments be necessary.

4. Should all sitting Senators be appointed as a result of recommendations by the Provinces and Territories, or by way of a public process should such appointments be necessary, the following rules could come into force, whether by law, or by convention:

(a) The House of Commons, at Third Reading of any legislation, should declare whether the bill is a national bill or a regional bill in terms if its primary impact, and if it is the latter then the House of Commons could indicate which of the Provinces and Territories that are affected by such legislation.

(b) The Senate sitting as a committee of the whole would examine and vote on any legislation that is declared to be national legislation, which may also be referred to any standing committee. The Senate sitting as a committee of the whole would vote on any legislation that was declares to be a regional bill.

(c) Only those Senators from the Provinces and Territories that have been declared by the House of Commons to be affected by a regional bill would examine such legislation, with said examination to be undertaken by a special committee of Senators from those Provinces and Territories established for that purpose. This special committee would be free to invite the participation and membership of Senators who are not from the Provinces and Territories that have been declared by the House of Commons to be affected by a regional bill, if the Senators in question are known to have special expertise and/or knowledge that could aid the examination by the special committee.

(d) The Senate may delay the passage of legislation from the House of Commons, other than budget implementation legislation or spending bills, for six months and it may amend legislation and return it to the House of Commons for consideration.

(e) If the Senate and House of Commons cannot agree on amendments to legislation that has been delayed by the Senate, the legislation could be considered as passed by both Houses as it was approved at Third Reading in the House of Commons, with any agreed-upon amendments, six months from the day that it was referred to the Senate.

(f) Legislation that does not require that the Federal Government spend money may be tabled for First Reading in the Senate without first having been approved by the House of Commons.

Once it has been adopted, this resolution shall be considered a joint resolution of the House of Commons and the Senate, and shall not be considered to be either an order of either house, or an exercise of parliamentary privilege affecting any person external to either house.