Sober second thoughts on a place of sober second thought

There have been several attempts to bring the Senate into a more modern century. (CBC)

It's not easy making major changes to a Canadian institution. Just ask former B.C. premier Bill Bennett, former Alberta premier Peter Lougheed, Reform party founder Preston Manning and former prime minister Brian Mulroney. Former prime minister Pierre Trudeau would agree, too, but for different reasons. Now, add Stephen Harper as the latest prime minister to tackle the issue of Senate reform.

There have been several attempts to bring Canada's upper house into a more modern century. It came into being through the Constitution Act of 1867 and was originally meant to act as a balance to the unchecked democracy of the House of Commons.

It didn't take Sir John A. Macdonald long to decide that giving legislative veto power to a group of appointed wealthy men might not be in the best interests of the country. The Senate's powers — but not its makeup — were altered so that the upper house could not defeat money bills or unreasonably delay legislation.

Lester B. Pearson passed legislation that forced senators to retire when they hit the age of 75. (Associated Press)

However, like the British House of Lords, senators would be allowed to keep their seats — and the salary that came with them — for life. That changed in 1965 when the government of Prime Minister Lester B. Pearson passed legislation that forced senators to retire when they hit the age of 75. Anyone appointed before the legislation passed was exempted from the mandatory retirement rule.

Constitutional reform

Overhauling the Senate requires constitutional reform, which means the government has to persuade seven provinces containing at least 50 per cent of the population that its plan is in the best interests of everyone. Making subtle changes is much easier: the government only needs to get a bill through Parliament.

Calls for significant Senate reform began to be heard in the mid-1970s. Prime Minister Trudeau was making the case for constitutional reform, highlighted by a charter of rights. Bill Bennett, premier of British Columbia at the time, took the opportunity to introduce Senate reform into talk of constitutional change. The model he favoured was a "House of the Provinces" in which provincial governments would choose senators to act as their delegates to the central government.

The idea had some support from both sides — but for different reasons. Trudeau was an advocate of a strong central government. In his view, a Senate made up of provincial representatives could serve to weaken the provincial governments.

Bennett was looking for a Senate that would give the provinces — especially those west of Ontario — more power in their dealings with Ottawa.

Canada was undergoing major demographic shifts. The populations — and economic clout — of Alberta and B.C. were growing much faster than Quebec's. Quebec still held 24 Senate seats while Manitoba, Saskatchewan, Alberta and B.C. held a combined total of 24.

By 1979, opposition to Trudeau's vision of a regionally enhanced Senate scuttled any notion of reform — as well as efforts to change the constitution. However, Bennett's proposal did serve to revive the idea of Senate reform.

Alberta was next to look at what to do with the Senate. Trudeau's National Energy Program had angered Albertans and then premier Peter Lougheed was looking for ways to keep Ottawa from intruding into his province's affairs. He established a task force to look at ways of reforming the Senate. Its recommendation was direct election of senators — and an equal number of senators for each province.

The task force didn't get much attention in the rest of Canada, but an equal and elected Senate became a rallying cry for many Albertans.

Meech Lake's provision

And then came the Meech Lake accord. It contained a provision that would have changed the way senators are selected. When a Senate vacancy came up, the prime minister would pick a name from a list submitted by the province where the vacancy arose.

As Meech was coming together, Preston Manning was turning his western populist movement into the Reform party. Part of its platform was a Triple-E Senate: elected, equal and effective.

Stan Waters is Canada's first and to date only elected senator. (Dave Buston/Canadian Press)

In 1989, a Senate seat became vacant in Alberta. The provincial government held an election among candidates who wanted the seat. Stan Waters won. A year later, Prime Minister Brian Mulroney — who was still looking for provincial support in ratifying the Meech Lake accord — appointed Waters to the Senate.

Waters died a year later. His vacancy was eventually filled by Prime Minister Jean Chrιtien the way prime ministers had always appointed senators.

The Charlottetown accord contained more wide-ranging proposals for Senate reform. Among the proposals were: an elected Senate — either by popular vote or election by members of provincial or territorial assemblies; six senators from each province and one from each territory; and guaranteed aboriginal representation in the Senate. In addition, the Senate could not defeat the government on a motion of confidence or be able to block the routine flow of legislation relating to taxation, borrowing and appropriation. The accord also said senators should not be eligible to hold cabinet positions. The Charlottetown accord was defeated in a national referendum.

Current movement

Alberta and B.C. eventually passed legislation that provided for Senate elections. The previous Liberal government filled Senate vacancies from the provinces — but it ignored the results of Senate elections.

The Reform party — and its successor, the Canadian Alliance — continued to call for an elected, equal and effective Senate. But since the Alliance and the Progressive Conservative parties got together to form the Conservative Party of Canada, calls for an overhaul of the Senate have not been as loud.

In the campaign leading up to the Jan. 23, 2006, election, Conservative Leader Stephen Harper promised to make the Senate a more effective and independent body. Harper appointed Michael Fortier to a vacant Senate seat from Quebec — and then appointed him to his cabinet. On May 30, 2006, his government introduced legislation that would limit senators to eight-year terms.

In December 2006, Harper said he would introduce the Senate appointment consultations act, which would allow government to consult Canadians on Senate appointments. "The bill will see voters choose their preferred Senate candidates to represent their provinces or territories," the government said in announcing the bill.