Tristin Hopper considers the constitutional weirdness of Canada’s upper house, an appointed body that has the power to block a popularly elected House of Commons:
“In the east wing of the Centre Block is the Senate chamber, in which are the thrones for the [King and Queen], or for the federal viceroy and his or her consort, and from which either the sovereign or the governor general gives the Speech from the Throne and grants Royal Assent to bills passed by parliament. The senators themselves sit in the chamber, arranged so that those belonging to the governing party are to the right of the Speaker of the Senate and the opposition to the speaker’s left. The overall colour in the Senate chamber is red, seen in the upholstery, carpeting, and draperies, and reflecting the colour scheme of the House of Lords in the United Kingdom; red was a more royal colour, associated with the Crown and hereditary peers. Capping the room is a gilt ceiling with deep octagonal coffers, each filled with heraldic symbols, including maple leafs, fleur-de-lis, lions rampant, clàrsach, Welsh Dragons, and lions passant. On the east and west walls of the chamber are eight murals depicting scenes from the First World War; painted in between 1916 and 1920”
Photo and description by Saffron Blaze via Wikimedia Commons.
By the anticipated date of the 2025 federal election, only 10 to 15 members of the 105-seat Senate will be either Conservative or Conservative appointees. The rest will be Liberal appointees. As of this writing, 70 senators have been personally appointed by Trudeau, and he’ll likely have the opportunity to appoint another 12 before his term ends.
What this means is that no matter how strong the mandate of any future Conservative government, the Tory caucus will face a Liberal supermajority in the Senate with the power to gut or block any legislation sent their way.
“If a majority of the Senate chose to block or severely delay a Conservative government’s legislative agenda, it would plunge the country into a constitutional crisis the likes of which we have not seen in more than a century,” reads an analysis published Tuesday in The Hub.
Constitutional scholars Howard Anglin and Ray Pennings envisioned a potential nightmare scenario in which the Senate casts themselves as “resisting” a Conservative government. Given that senators are all permanently appointed until their mandatory retirement at age 75, it would take at least 10 years until a Conservative government could rack up enough Senate appointments to overcome the Liberal-appointed majority.
“Canadian politics would grind to the kind of impasse that is only broken by the kind of extraordinary force whose political and social repercussions are unpredictable,” they wrote.
The piece even makes a passing reference to 1849, when mobs burned down Canada’s pre-Confederation parliament.
The prospect of an all-powerful Senate able to block the mandate of an elected government is a legislative situation almost entirely unique to Canada.
New Zealand abolished its Senate and is now governed by a unicameral legislature. Australia and the United States both employ term-limited elected senates. The U.K. House of Lords – on which the Canadian Senate is closely modelled – is severely constrained in how far it can check the actions of the House of Commons.
But in Canada, the Senate essentially retains the power of a second House of Commons; it can do whatever it wants to legislation that has passed the House of Commons, including spike it entirely.
