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.
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