Quebec rejects plan to reform Senate

MONTREAL — The Conservatives’ plan to reform the Senate, if adopted, would be unconstitutional, Quebec’s Court of Appeal ruled Thursday.

An opinion delivered by five of the province’s top judges says that the federal government’s Senate Reform Act is an attempt to circumvent the constitutional requirement that a change in how senators are selected must be approved by Parliament and seven provinces with a majority of the country’s population.

The federal government wants to limit Senate terms to nine years and have Senate candidates elected by provincial vote and subsequently appointed to the upper house by the prime minister.

The Quebec government had asked the Appeal Court to rule on whether, under the Constitution, the participation of the provinces is necessary to change how senators are selected and the duration of their terms.

In Quebec City, provincial Justice Minister Bertrand StArnaud said Quebec is “satisfied” with the ruling, which he said confirms Quebec’s view that Ottawa cannot reform the Senate unilaterally.

Indicating his comments would be limited because the matter is headed to the Supreme Court for a hearing Nov. 12-14, St-Arnaud highlighted the fact the Court of Appeal says “very clearly that Ottawa cannot act alone to reform the Senate.”

“It has to be done within a framework of multilateral negotiations and not unilateral (ones),” St-Arnaud said.

Lawyers for the federal court filed a motion in March to stay the review process in Quebec pending the outcome of the review by the Supreme Court of Canada, but it was rejected.