The Senate of Canada building and Senate Chamber are pictured in Ottawa on Monday, Feb. 18, 2019. Two senators are seeking disciplinary measures against one another in what boils down to a clash between the new and old guards in the Senate. THE CANADIAN PRESS/Sean Kilpatrick

The Senate of Canada building and Senate Chamber are pictured in Ottawa on Monday, Feb. 18, 2019. Two senators are seeking disciplinary measures against one another in what boils down to a clash between the new and old guards in the Senate. THE CANADIAN PRESS/Sean Kilpatrick

Bill aims to legally recognize evolution to more independent, less partisan Senate

OTTAWA — The Trudeau government is moving to legally recognize the evolution of Canada’s Senate into a more independent, non-partisan chamber of sober second thought.

It has introduced a government bill in the Senate, which is now on its way through the upper house with the support of all four Senate groups.

It may be in for a rougher ride in the House of Commons, however, where it is expected to land as early as next week.

Bill S-4 would amend the Parliament of Canada Act to formally recognize the transformation that the Senate has undergone since 2015, when Prime Minister Justin Trudeau began appointing only non-partisan senators nominated by an arm’s-length advisory body.

The act currently acknowledges the existence of only recognized political parties in the Senate — in practice, just the Liberals and Conservatives, with one or the other designated as the government caucus and the other as the official Opposition caucus.

Bill S-4 would change that to reflect the reality that the vast majority of senators now sit in three groups unaffiliated with any party: the Independent Senators Group, the Progressive Senate Group and the Canadian Senators Group.

Along with that recognition comes funding for each group and its leadership.

It also comes with some additional powers, including giving them a say in any changes to the Senate’s most powerful committee, the internal economy committee, and requiring that they be consulted on the appointment of some officers of Parliament.

The Conservatives, the last remaining partisan group in the Senate with just 20 members, would remain the official Opposition, with no diminution of their funding or powers.

But the bill would recognize that the government caucus now consists of just three senators: the government representative in the Senate, his or her legislative deputy and a government liaison.

The bill is being sponsored in the Senate by Sen. Peter Harder, the first government representative in the chamber who now sits with the Progressive Senate Group.

He argues that the bill is a practical approach to reflecting the new reality in the upper house.

“As it stands, there are group leaders and facilitators who have little or no status when it comes to providing input or advice into government appointments, who do not have the legislative authority to make membership changes on the Senate’s most powerful committee and who must rely on the benevolence of ‘recognized’ colleagues to fund and manage their groups and research staff without leadership allowances,” Harder told the Senate during opening debate on the bill earlier this month.

“This needs to change and, with this bill, it will.”

The bill received approval in principle from senators Wednesday. They are to sit in committee of the whole today to hear from Intergovernmental Affairs Minister Dominic LeBlanc on the bill.

Harder said in an interview that he expects the bill to speedily pass third and final reading next week, after which it will move on to the House of Commons, where its reception will likely not be quite so enthusiastic.

Both the Bloc Québécois and NDP maintain that the unelected Senate is illegitimate and are, thus, likely to vote against the bill.

Hence, Trudeau’s minority Liberal government will need the support of Conservative MPs to pass it.

Harder acknowledged that some senators wanted to go further by doing away with partisan groups in the chamber altogether. But he argued that would have been “disrespectful” of senators who choose to remain in the Conservative caucus.

Moreover, he said it would almost certainly have meant that Conservatives in both chambers would oppose the bill, leading to its defeat.

As it is, he’s hopeful that Conservative MPs will follow the lead of their Senate compatriots and support swift passage of the bill.

Conservative Leader Erin O’Toole has promised to encourage provinces to elect senators, whom he would appoint to the Senate should he become prime minister.

Harder said nothing in Bill S-4 would prevent O’Toole from changing the way senators are appointed in future or returning the Senate to a strictly partisan chamber, should he choose.

“It’s completely permissive,” he said.

This report by The Canadian Press was first published May 27, 2021.

The Canadian Press

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