The Senate of Canada has recently been in the news, ever since it became known that Prime Minister Stephen Harper was planning on appointing 18 new Senators to the Upper Chamber.

First and foremost, I would like to say that I am pleased that the Prime Minister, at long last, has acknowledged his constitutional responsibility to appoint Senators. Apart from the controversial appointment of Senator Michael Fortier – who was appointed on the heels of the Prime Ministers’ promise to “make the Senate a democratically elected body” in the 2006 federal election – as well as the appointment of Senator Bert Brown from Alberta, Mr. Harper has until now failed to meet his constitutional obligation in ensuring that Canada’s regions are properly represented in Parliament.

I would be remiss, however, if I did not mention my concern with regards to the timing of these Senate appointments, in particular the fact that they are occurring in the midst of a global economic crisis, as well as at a time of parliamentary prorogation (a time when Parliament is not sitting, and the Government’s activities are supposed to be very limited).

The fact that Mr. Harper has consistently opposed the constitutionally mandated appointment of Senators, yet is now rushing to appoint them before the holidays, during a time when Parliament is not in session, shows not only that he has little regard for our form of government and its traditions, but that he is a man more concerned with power than principle. This move is, sadly, now part of an increasingly long list of broken promises from Mr. Harper – his pledge to hold elections on fixed dates, his declared intention to collaborate with opposition parties, his statement that his government would not run a deficit, as well as his pledge not to introduce new taxes on income trusts being just a few.

In addition to the Prime Ministers’ change of heart on appointing Senators, Canadians are now being told that a Liberal-controlled Senate is blocking legislation relating to Senate reform, particularly Bill C-20, which calls for the election of Senators. This is, in fact, not true. Bill C-20, introduced by Conservative House Leader Peter Van Loan in November 2007, has never actually reached the Senate. The bill was being studied by the House of Commons Legislative Committee in June 2008, and died once Mr. Harper shut down Parliament and called for an election this past fall.

Mr. Harper fears, perhaps, that his agenda on Senate reform cannot advance due to the presence of a Senate Opposition in the majority. In order to become law, however, Senate reform bills would need to follow a process much more comprehensive than the usual three readings in the House of Commons, followed by three readings in the Senate. Senate reform is a constitutional matter, and as such requires agreement by seven of the provinces representing at least 50 percent of the Canadian population. Thus, significant Senate reform could not occur through a simple vote in Parliament; it would in fact require an extensive national consultation process. To date, only Alberta and Saskatchewan have agreed to elect Senators prior to appointment. Other provinces have rejected the idea, and a few have threatened legal challenges if the federal government moves unilaterally on Senate reform. Appointing Conservative senators at the eleventh hour will not change these requirements.

I would like to pre-emptively welcome those whom the Prime Minister will soon appoint to the Upper Chamber. Regardless of political stripes, I anticipate their arrival, and look forward to working with them. The Senate of Canada makes valuable, important and necessary contributions to the governance of this country, and its Senators are deeply committed to this nation, and to the betterment of its citizens. I am certain that the new appointees will also be committed Canadians, representative of the many diverse regions, minorities and communities across this great country, and that they will bring with them a depth of experience and breadth of expertise that will allow the Senate to continue performing its constitutionally and historically mandated tasks.


The Honourable Claudette Tardif, Ph.D.,
Deputy Leader of the Opposition in the Senate
Senator for the Province of Alberta

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