A delicate dance

Senate reform is now within sight, although it will take several steps to get there. Here’s a road map to the destination.

By appointing five new senators, Prime Minister Stephen Harper has created a plurality of 51 Conservative senators against 49 Liberals, with five independents holding the balance of power. Prorogation means that Senate committees will be reappointed with Conservative majorities. Now, when the two reform bills are reintroduced – one to limit senatorial terms to eight years, the other to provide for consultative elections – the government doesn’t have to worry about the bills being held up in committees.

Passage of these bills in the Senate is still not guaranteed, however – it will depend on who shows up to vote and how the five independent senators decide. But Mr. Harper has a trump card if he wants to use it. Under Section 26 of the Constitution Act, 1867, he can request that the Queen appoint four or eight additional senators pledged to support Senate reform. That’s how Brian Mulroney secured passage of the GST in 1990.

Invoking Section 26 would be risky, because the opposition would paint it as another tricky power play. But it would also showcase Mr. Harper at his strategic best – using power politics not just to confound the opposition but to democratize the Canadian Constitution.

[More]