Reference re Senate Reform

2014 SCC 32

This case was a reference question to the Supreme Court regarding the legislative authority of the Parliament of Canada to make various amendments to the Senate, including the introduction of fixed or renewable terms, term limits, consultative elections, repeal of the property qualifications for Senators, and abolishment of the Senate. The Supreme Court ruled that the Parliament of Canada on its own could not enact the proposed changes. Amendments such as consultative elections and term limits require a constitutional amendment with the consent of seven provinces representing over 50% of the population, and Senate abolishment would require constitutional amendment with the approval of Parliament and all ten provinces. The ruling was based on the premise that the Senate is among Canada’s foundational political institutions and was created by the Constitution Act, 1867, which can only be amended under the procedures set out in s.52(2) and (3) of the Constitution Act, 1982.

SCC Reasons for Judgment

Faculty of Law Research and Commentary discussing Reference re Senate Reform

Yasmin Dawood, “The Senate Reference: constitutional change and democracy,” (2015) 60:4 McGill LJ 737-761.

Facta

Date Document
2013/07/29 Appellant – Attorney General of Canada
2013/10/03 Appellant – Attorney General of Canada (reply)
2013/08/30 Intervener – Attorney General of Manitoba
2013/08/23 Intervener – Attorney General of Newfoundland and Labrador
2013/08/30 Intervener – Serge Joyal
2013/08/27 Intervener – Attorney General of Nunavut
2013/08/30 Intervener – Attorney General of Alberta
 2013/08/27 Intervener – Attorney General of New Brunswick
 2013/08/30 Intervener – Attorney General of Ontario
 2013/08/30 Intervener – Attorney General of the Northwest Territories
 2013/08/28 Intervener – Attorney General of Quebec, Part I, Part II
2013/08/29 Intervener – Attorney General of Saskatchewan
2013/08/29 Intervener – Attorney General of Prince Edward Island
2013/08/29 Intervener – Attorney General of Nova Scotia
2013/08/39 Intervener – Honourable Anne C. Cools
2013/08/30 Intervener – Federation des communautes francophones et acadiennes du Canada
2013/08/30 Intervener – Societe de l’acadie du Nouveau-Brunswick
2013/09/04 Intervener – Attorney General of British Columbia
2013/09/17 Amicus Curiae