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Complementarity: the Constitutional Role of the Senate of Canada
SENATE SENAT The Honourable V. Peter Harder P.C. L’honorable V. Peter Harder C.P. Government Representative in the Senate Représentant du gouvernement au Sénat CANADA Complementarity: The Constitutional Role of the Senate of Canada April 12, 2018 TABLE OF CONTENTS Introduction 2 A. Complement to the House: A Constitutional Role Rooted in the 7 Appointive Principle B. In the Senate, Self-Restraint is the Constitutional Watchword 11 C. The Senate’s Power to Amend, Legislate and Influence Public Policy 17 D. We “Ping”, But We Generally Ought not “Pong” 28 E. A Prudent Yet Vigilant Approach to Fiscal and Budgetary Initiatives 30 i. Restricted Access to the Purse Strings 30 ii. A Tradition of Vigilance and Self-Restraint on Confidence and 31 Budgetary Matters iii. The Omnibus Caveats 33 F. The Senate Extraordinary and Rarely Used Power to Defeat 37 Government Legislation G. Democratic Deference to the Government’s Election Platform 41 H. Private Members’ Bills and the Senate’s “Pocket” Veto 47 Epilogue: Better Serving Canadians 49 Complementarity: The Constitutional Role of the Senate of Canada April 2018 - Page 1 of 51 INTRODUCTION “If we enact legislation speedily, we are called rubber stamps. If we exercise the constitutional authority which the Senate possesses under the British North America Act, we are told that we are doing something that we have no right to do. I do not know how to satisfy our critics.” The late former Senator Carl Goldenberg, Senate Debates of January 11, 1974 Many senators are working hard to close a credibility gap that was created by many difficult years and prove the Senate’s public value as an appointed upper chamber. -
A Chamber of Though and Actions
CANADA’S SENATE A Chamber of THOUGHT AND ACTION © 2019 Senate of Canada I 1-800-267-7362 I [email protected] 2 ABOUT THE SENATE The Senate is the Upper House in Canada’s Senators also propose their own bills and generate Parliament. It unites a diverse group of discussion about issues of national importance in accomplished Canadians in service the collegial environment of the Senate Chamber, of their country. where ideas are debated on their merit. Canada’s first prime minister, Sir John A. Macdonald, The Senate was created to ensure Canada’s regions famously called it a chamber of sober second thought were represented in Parliament. Giving each region but it is much more than that. It is a source of ideas, an equal number of seats was meant to prevent inspiration and legislation in its own right. the more populous provinces from overpowering the smaller ones. Parliament’s 105 senators shape Canada’s future. Senators scrutinize legislation, suggest improvements Over the years, the role of senators has evolved. and fix mistakes. In a two-chamber parliament, the Senate In addition to representing their region, they also acts as a check on the power of the prime minister and advocate for underrepresented groups like cabinet. Any bill must pass both houses — the Senate Indigenous peoples, visible and linguistic and the House of Commons — before it can become law. minorities, and women. There shall be one Parliament for Canada, consisting of the Queen, an Upper House styled the Senate, and the House of Commons. Constitution Act, 1867, section 17 3 HISTORY Canada would not exist were it not for the Senate. -
Some Suggestions for Incremental Reform of the Senate
Feature Some Suggestions for Incremental Reform of the Senate The provisions of the Constitution Act, 1867 respecting the qualification and disqualification of Senators are outdated. They can be modernized without controversy and early action to accomplish that could be the impetus for Parliament and the Legislatures to address more significant aspects of Senate reform. *Subsequent to the acceptance of this article for publication and immediately prior to publication, on March 10, 2016 Senator Dennis Glen Patterson introduced Bill S-221 and gave notice of a constitutional amendment resolution the combined effect of which, if adopted, will be to substantially effect the first three changes suggested by the author. Ronald Stevenson n any discussion of Senate reform there are four of a committee to implement a non-partisan, merit- givens – based process to advise the Prime Minister on Senate I appointments and the prospect of a less partisan First, all ten provincial legislatures will not agree atmosphere in the Senate. to a proposal to abolish the Senate. Neither of those reforms will address the imbalance Second, Prime Ministers will not relinquish their of western representation in the Senate. As Ronald constitutional prerogative and duty to advise the Watts wrote in Protecting Canadian Democracy: Governor General about who will become Senators. The Senate You Never Knew, “That some relatively populous provinces like British Columbia and Alberta Third, the six eastern provinces will not agree to have only six senators each, while the much smaller any reduction in the number of Senators representing provinces of Nova Scotia and New Brunswick have those provinces. -
Speaker of the Senate Is Down This Hallway in Centre Block, Just © 2018 Senate of Canada Around the Corner from the Senate Chamber
SBK>QB SK>Q CANADA The office of the Speaker of the Senate is down this hallway in Centre Block, just © 2018 Senate of Canada around the corner from the Senate Chamber. 1-800-267-7362 [email protected] THE The Speaker of the Senate is one of The position of Speaker was formalized Parliament’sSpeaker most important officials. in the British North America Act (later The Speaker presides over the Red renamed the Constitution Act, 1867) — Chamber, enforces the rules and that created the Dominion of Canada. ensures proceedings run smoothly. It gives the Governor General the power to appoint the Speaker, but — In addition to serving as the public as is the case with many parliamentary face of the Senate, the Speaker is part appointments — the Governor administrator and part diplomat, all the General acts on the advice of the while retaining the ability to participate Prime Minister. in debates like every other senator. 3 Serving as Speaker is a privilege, and I find my role to be challenging, meaningful“ and constantly rewarding. Whether performing procedural, ceremonial or diplomatic functions, I strive daily to approach my duties with the passion and integrity that Canadians deserve. George J. Furey, Q.C., Speaker of the Senate THE HONOURABLE , Q.C. George J. Furey A distinguished educator and lawyer with deep roots While in his second year of practising law, in his community, the Honourable George J. Furey, Q.C., he successfully challenged the Criminal Code is a native of Newfoundland and Labrador. language on sexual assault and proved that with the advent of the Canadian Charter of Rights and th He is the 45 Speaker of the Senate of Canada Freedoms, certain Criminal Code provisions were and the first to hail from his province. -
The Modern Senate of Canada: a Study in Functional Adaptability
The Modern Senate of Canada: A Study in Functional Adaptability THE HONOURABLE DAN HAYS SPEAKER OF THE SENATE The Modern Senate of Canada: A Study in Functional Adaptability. The Senate of Canada was a defining element, or “deal breaker,” in the negotiations that led to the creation of our country in 1867, since Confederation would not have been taken place without it.1 Indeed, as Senator Lowell Murray has said: “Quebec and the Maritimes insisted on an Upper House with equal representation from the three regions as a counterweight to Ontario’s numerical advantage in the House of Commons. The Fathers of Confederation wanted to create a further check on the executive and its elected Commons majority. They decided this would best be accomplished by an appointed Senate whose members had life tenure.”2 And since its creation in 1867, the Senate of Canada has evolved into a modern and efficient legislative body. Although it remains a rare example of an unelected second chamber, along with Great Britain’s House of Lords3, it has adapted to changing times through a variety of administrative reforms that have allowed it to better play its legislative role and represent the interests of all Canadians more effectively. And even if it has been the subject of 28 major reform proposals over the past 30 years4 – all of which have failed to produce the changes sought – it continues to make an important and valuable contribution to public debate, and remains a cornerstone of Canada’s system of government. The failure of these proposals is likely due to the absence of a broad consensus on precisely how to reform the Senate, and to the considerable difficulty of amending Canada’s constitution. -
Rules of the Senate of Canada
RULES OF THE SENATE OF CANADA March 2010 The seventh report of the Standing Committee on Rules, Procedures and the Rights of Parliament, presented to the Senate on October 27, 2009, and adopted by the Senate on November 4, 2009, authorized the Clerk “to update the on-line version of the Rules of the Senate from the time any change is approved by the Senate”. The following version of the Rules reflects changes made to the Rules up to the end of the second session of the fortieth Parliament. TABLE OF CONTENTS Rule Description PART I INTERPRETATION 1 (1) Procedure in unprovided cases 1 (2) Priority of rules over practice 1 (3) Gender 2 Privileges unaffected 3 Suspension of rule 4 Definitions PART II SITTINGS OF THE SENATE 5 (1) Times of sittings 5 (2) Sounding of bells 5 (3) Speaker to enter 5 (4) Prayers 6 (1) Midnight adjournment 6 (2) Friday afternoon adjournment 6 (3) Adjournment of "Government Business" 6 (4) Adjournment of "Other Business" 7 (1) No adjournment until after deferred vote 7 (2) Sounding of bells at 5:15 p.m. 8 Pro forma bill 9 (1) Quorum of fifteen 9 (2) Sounding of bells for quorum 9 (3) Lack of quorum 9 (4) Business adjourned to next sitting 10 When Speaker leaves Chair 11 Absence of Speaker 12 Acts valid 13 (1) Evening sittings 13 (2) Exception 14 Friday adjournment 15 (1) Motion to adjourn 15 (2) When motion can be moved 15 (3) No debate 15 (4) Standing vote 15 (5) Second motion 16 Demeanour 17 (1) Recall of Senate 17 (2) Extended time of adjournment 17 (3) Non-receipt of notices 17 (4) Absence of Speaker PART III -
How Canadians Govern Themselves
Eugene A. Forsey How Canadians Govern Themselves 10th Edition Printed in Canada Cover photos: © Library of Parliament – (flag) © Library of Parliament – Roy Grogan (Parliament Buildings) How Canadians Govern Themselves First Edition 1980 © Her Majesty the Queen in Right of Canada, as represented by the Minister of Public Works and Government Services Canada, 2020. Exemplaires en français disponibles également, Les Canadiens et leur système de gouvernement. Library of Parliament (03/2020) Forsey, Eugene A. (Eugene Alfred), 1904-1991 How Canadians govern themselves / Eugene A. Forsey. -- 10th ed. ISBN X9-11/2020E 978-0-660-34265-8 Preface How Canadians Govern Themselves, first For information on how to obtain additional published in 1980, explores Canada’s copies of this booklet, please contact: parliamentary system, from the decisions made Information Service by the Fathers of Confederation to the daily Library of Parliament work of parliamentarians in the Senate and Ottawa, Ontario K1A 0A9 House of Commons. Useful information on [email protected] Canada’s Constitution, the judicial system, and Telephone: provincial and municipal powers is gathered Toll-free: 1-866-599-4999 together in this one reference book. The National Capital Region: 613-992-4793 author adapted some material taken from an An interactive web resource for this earlier edition prepared by Joseph Schull and publication is available at www.learn.parl.ca published under the same title in 1971. Français The book was initially commissioned by the Department of the Secretary of State of Canada, Pour obtenir d’autres exemplaires de cette which also published the second edition. publication, renseignez-vous auprès du : The House of Commons published the third Service de renseignements edition. -
An Act Respecting the Selection of Québec Senators
FIRST SESSION FORTY-SECOND LEGISLATURE Bill 392 An Act respecting the selection of Québec senators Introduction Introduced by Madam Catherine Fournier Member for Marie-Victorin Québec Official Publisher 2019 EXPLANATORY NOTES The purpose of this bill is to affirm Québec’s participation in and nominees for the selection of senators representing Québec in the Senate of Canada. The bill aims to establish a legal framework to serve as the basis for a constitutional agreement between Québec and the federal government to ensure Québec’s participation in the selection procedure for Québec senators. The bill defines the terms and conditions governing the selection procedure for the three candidates proposed by Québec to the federal government for appointment to a Senate seat when one of the 24 seats reserved for Québec under the Constitution Act, 1867 is vacant or about to become vacant. Under the bill, a selection committee composed, among others, of Members of the National Assembly is responsible for assessing candidates’ applications and for designating, in a report sent to the Members of the National Assembly, the three candidates considered most qualified to occupy the office of Québec senator. The candidacies designated by the selection committee are submitted to the National Assembly in a motion by the Premier. Each candidacy must be approved by three-quarters of the Members of the Assembly. The President of the National Assembly sends a letter to the federal government communicating the names of the three candidates chosen by the Assembly for appointment to a vacant Québec seat in the Senate. Bill 392 AN ACT RESPECTING THE SELECTION OF QUÉBEC SENATORS THE PARLIAMENT OF QUÉBEC ENACTS AS FOLLOWS: CHAPTER I PRELIMINARY PROVISIONS 1. -
Alberta Senate Election Act
Province of Alberta ALBERTA SENATE ELECTION ACT Statutes of Alberta, 2019 Chapter A-33.5 Current as of July 23, 2020 Office Consolidation © Published by Alberta Queen’s Printer Alberta Queen’s Printer Suite 700, Park Plaza 10611 - 98 Avenue Edmonton, AB T5K 2P7 Phone: 780-427-4952 Fax: 780-452-0668 E-mail: [email protected] Shop on-line at www.qp.alberta.ca Copyright and Permission Statement Alberta Queen's Printer holds copyright on behalf of the Government of Alberta in right of Her Majesty the Queen for all Government of Alberta legislation. Alberta Queen's Printer permits any person to reproduce Alberta’s statutes and regulations without seeking permission and without charge, provided due diligence is exercised to ensure the accuracy of the materials produced, and Crown copyright is acknowledged in the following format: © Alberta Queen's Printer, 20__.* *The year of first publication of the legal materials is to be completed. Note All persons making use of this consolidation are reminded that it has no legislative sanction, that amendments have been embodied for convenience of reference only. The official Statutes and Regulations should be consulted for all purposes of interpreting and applying the law. Regulations The following is a list of the regulations made under the Alberta Senate Election Act that are filed as Alberta Regulations under the Regulations Act Alta. Reg. Amendments Alberta Senate Election Act Referendum, Senate Election and Local Authorities Election Forms ...................... 254/2020 Senate Election Grants .................................. -
Renewal of the Canadian Senate: Where to from Here?
IRPP REPORT February 2019 Renewal of the Canadian Senate: Where to from Here? Round Table Report Renewal of the Canadian Senate: Where to from Here? ACKNOWLEDGEMENTS The IRPP would like to thank the presenters and panellists, as well as all the other par- ticipants, for the knowledge and insights they contributed to the round table. Although the IRPP covered most of the costs related to the round table and the report, we wish to acknowledge the financial support of the Privy Council Office and the Centre for the Study of Democratic Citizenship at McGill University. The report was prepared by F. Leslie Seidle (IRPP research director, Canada’s Changing Federal Community) and Mo- hy-Dean Tabbara (IRPP researcher assistant), in collaboration with Graham Fox (IRPP President). Although the report benefits from all participants’ contributions, it does not reflect every point that was expressed. Responsibility for the report therefore remains with the IRPP. To cite this document: Institute for Research on Public Policy (IRPP). 2019. Renewal of the Canadian Senate: Where to from Here? IRPP Report (February). Montreal: Institute for Research on Public Policy. This report is also available in French under the title Le renouvellement du Sénat du Canada : poursuivre dans quelle voie ? If you have questions about our publications, please contact [email protected]. If you would like to subscribe to our newsletter, IRPP News, please go to our website, at irpp.org. IRPP Report | February 2019 CONTENTS Abstract ...................................................................................................................................4 Introduction ............................................................................................................................5 1. Bicameralism and the Senate’s historical role ................................................................7 2. The legislative process and relations with the House of Commons............................8 3. -
Address Labels for Members of the Canadian Senate (PDF, 20KG)
The Hon. Raynell Andreychuk Senator The Hon. Pierre-Hugues Boisvenu Senator (Conservative Party of Canada) (Conservative Party of Canada) Saskatchewan, Saskatchewan La Salle, Quebec Senate of Canada Senate of Canada Ottawa, Ontario Ottawa, Ontario K1A 0A4 K1A 0A4 The Hon. W. David Angus Senator The Hon. David Braley Senator (Conservative Party of Canada) (Conservative Party of Canada) Alma, Quebec Ontario, Ontario Senate of Canada Senate of Canada Ottawa, Ontario Ottawa, Ontario K1A 0A4 K1A 0A4 The Hon. Salma Ataullahjan Senator The Hon. Patrick Brazeau Senator (Conservative Party of Canada) (Conservative Party of Canada) Toronto, Ontario Repentigny, Quebec Senate of Canada Senate of Canada Ottawa, Ontario Ottawa, Ontario K1A 0A4 K1A 0A4 The Hon. George Baker P.C., Senator The Hon. Bert Brown Senator (Liberal Party of Canada) (Conservative Party of Canada) Newfoundland and Labrador, Newfoundland and Alberta, Alberta Labrador Senate of Canada Senate of Canada Ottawa, Ontario Ottawa, Ontario K1A 0A4 K1A 0A4 The Hon. Tommy Banks Senator The Hon. Catherine S. Callbeck Senator (Liberal Party of Canada) (Liberal Party of Canada) Alberta, Alberta Prince Edward Island, Prince Edward Island Senate of Canada Senate of Canada Ottawa, Ontario Ottawa, Ontario K1A 0A4 K1A 0A4 The Hon. Larry W. Campbell Senator The Hon. Ethel M. Cochrane Senator (Liberal Party of Canada) (Conservative Party of Canada) British Columbia, British Columbia Newfoundland and Labrador, Newfoundland and Senate of Canada Labrador Ottawa, Ontario Senate of Canada K1A 0A4 Ottawa, Ontario K1A 0A4 The Hon. Claude Carignan Senator The Hon. Gerald J. Comeau Senator (Conservative Party of Canada) (Conservative Party of Canada) Mille Isles, Quebec Nova Scotia, Nova Scotia Senate of Canada Senate of Canada Ottawa, Ontario Ottawa, Ontario K1A 0A4 K1A 0A4 The Hon. -
Senate of Canada
TheSPEAKERS The SPEAKERS of the Senate of Canada of the Senate of Canada Cat. no.: YM20-3/2012E ISBN 978-0-660-20168-9 ii The SPEAKERS of the Senate of Canada Contents Introduction .............................................2 About This Publication ..............................10 Selected Further Reading ............................96 THE SPEAKERS OF THE SENATE OF CANADA Hon. Joseph Édouard Cauchon ...................12 Hon. Walter Edward Foster ...................54 Hon. John Ross ....................................... 14 Hon. Georges Parent ...........................56 Hon. Amos Edwin Botsford ........................ 16 Hon. Thomas Vien .............................58 Hon. Pierre-Joseph-Olivier Chauveau ............ 18 Hon. James Horace King ......................60 Hon. David Christie .................................20 Hon. Elie Beauregard . 62 Hon. Robert Duncan Wilmot .....................22 Hon. Wishart McLea Robertson .............64 Hon. David Lewis Macpherson ....................24 Hon. Mark Robert Drouin ....................66 Hon. William Miller .................................26 Hon. George Stanley White ...................68 Hon. Josiah Burr Plumb ............................28 Hon. Maurice Bourget .........................70 Hon. George William Allan ........................30 Hon. Sydney John Smith ......................72 Hon. Sir Alexandre Lacoste ........................32 Hon. Jean-Paul Deschatelets ...................74 Hon. John Jones Ross ...............................34 Hon. Muriel McQueen Fergusson ...........76