Open gate to the Senate
Justin Trudeau is committed to creating a modern, non-partisan Senate. He took the first step as Liberal leader when he removed all senators from his party’s caucus, making them independent legislators. As prime minister, he has promised to follow a merit-based process in appointing new senators.
That’s fine as far as it goes, says Senator Dennis Patterson, the former premier of Nunavut. But it won’t democratize the upper house of Parliament. Senate membership still requires that an individual own property worth at least $4,000 and have a minimum net worth of $4,000.
These qualifications may not seem onerous. But they exclude all Canadians who rent apartments or homes, live in condos (they don’t own the land), reside on aboriginal reserves (they don’t have title to their land), or take a vow of poverty to join a religious order. Moreover, they signal to the members of Trudeau’s advisory board that financial assets — not skills, contributions to the community or a desire to serve the public — should guide their recommendations.
“It’s elitist, it’s inequitable and particularly for my region, it excludes the vast majority of residents from (being) eligible for even being considered,” he told the Star’s Joanna Smith after tabling a private member’s bill that would amend the149-year-old section of the Constitution that governs Senate appointments to set more inclusive criteria.
Nationally, it excludes approximately a third of the population, including many who are working hard to fight poverty and homelessness, speak out for people with disabilities and raise public awareness of the needs of the marginalized.
Changing Canada’s Constitution is notoriously difficult, as past governments that tried to revamp — or abolish—the Senate have found. But Patterson, who practised law before entering politics, believes the amendment he is proposing could be made with a resolution from the House of Commons and Senate, supported by the legislatures of provinces to which it applies (which would exclude Quebec, which has its own Senate selection criteria). He thinks that consensus exists, or could be achieved.
In practical terms, a prime minister can already get around the rigid property qualifications set out in the British North America Act of 1867 and incorporated into the Constitution 115 years later. Former PM Paul Martin proved that in 1997 when he named Sister Peggy Butts to the Senate. The Catholic nun, known for her social activism, had taken a vow of poverty. Her order, the Sisters of the Congregation of Notre-Dame in Cape Breton, resolved the problem by officially transferring a parcel of land to her name.
But such measures should not be necessary to make worthy candidates eligible for the red chamber. If Trudeau wants a Senate that reflects the values of 2016, he should heed Patterson’s advice, showing his openness to a proposal tabled by a Conservative senator who was appointed by his predecessor Stephen Harper. The Liberals do not have a monopoly on good ideas.
There are 24 vacancies in the 105-seat Senate. Three more senators will reach retirement age (75) this year, another five next year.
Since taking power, the government has set up a nine-member advisory board to identify qualified candidates and Democratic Institutions Minister Maryam Monsef expects to see at least five new senators appointed soon. “The new process will immediately begin to restore the confidence of Canadians in an institution that plays an essential role in our parliamentary system,” she told reporters in January. “I believe we are on the right track.”
In terms of overall direction, Monsef is right. But the track is too narrow, there are too many needless hurdles and too many worthy candidates will be left by the wayside.
Senate membership requires that an individual own property worth at least $4,000 and a minimum net worth of $4,000