XPost: can.politics, bc.politics, ont.politics   
   From: ConsRCons@govt.cda   
      
   Harper has put the question to the Supreme Court as to whether he can   
   'reform' the Senate.   
   Seems that question has already been dealt with by the Supreme Court.   
   Looks like it will become a question of his agreeing to the input of the   
   provinces on the issue, or the Senate being abolished.   
   __________________________________   
      
   October 24, 2013   
      
   Court says Harper must consult provinces before reforming Senate   
      
      
   The federal government has hit a bump in its plans to unilaterally   
   reform the way that senators are selected and the length of their terms   
   in the Upper Chamber   
      
   Ottawa's plans for the unilateral reform of the Senate have been   
   rejected as unconstitutional by the Quebec Court of Appeal, which relied   
   on a 1979 ruling by the Supreme Court of Canada to come to its decision.   
      
   Experts said the survival of the federal government's legislation on   
   Senate elections now depends on the Supreme Court's willingness to   
   revisit its 34-year-old decision when it hears its own reference on the   
   matter.   
      
   The legal debate surrounding the future of the Senate is at the top of   
   the country's political agenda, with the continuing scandal over expense   
   claims and the government's stated desire to either reform or abolish   
   the much-maligned institution.   
      
   With Bill C-7, Ottawa is proposing to call on the provinces to hold   
   Senate elections and to limit senators to nine-year terms. In a bid to   
   pre-empt the opposition of the provinces, the government has referred   
   the matter to the Supreme Court to obtain its ruling on the legality of   
   the proposal. Hearings on the matter are scheduled next month, with a   
   decision expected next year.   
      
   However, the Quebec government has already sent its own reference to the   
   Quebec Court of Appeal, which has a strong voice on the matter, although   
   not one as authoritative as the Supreme Court.   
      
   In a unanimous decision on Thursday, the Quebec Court of Appeal ruled   
   against Ottawa's proposal, stating it would need to be adopted with the   
   assent of two-thirds of the provinces, representing more than half of   
   the country's population.   
      
   The Quebec Court of Appeal ruled the proposed changes were of a   
   constitutional nature and must respect the amendment formula that was   
   brought in as part of the 1982 repatriation of the Constitution. As part   
   of its arguments, the Quebec Court of Appeal relied on a 1979 reference   
   to the Supreme Court that rejected unilateral changes to the Senate. In   
   addition, the Quebec Court of Appeal referred to the original intentions   
   of the Fathers of Confederation in having a non-elected chamber of   
   Parliament.   
      
   University of Ottawa law professor Benoît Pelletier said that when the   
   Supreme Court rules on the matter in coming months, it will have to   
   decide whether to uphold or change its 1979 ruling.   
      
   "That is the big question," Mr. Pelletier said.   
      
   The federal government said it will "take note" of the Quebec Court of   
   Appeal's decision, while waiting for the Supreme Court's opinion on the   
   matter.   
      
   "We continue to believe the status quo in the Senate of Canada is   
   unacceptable. The Senate must be reformed or, as with its provincial   
   counterparts, vanish," said Pierre Poilievre, the federal minister of   
   state for democratic reform, in a statement.   
      
   --- SoupGate-Win32 v1.05   
    * Origin: you cannot sedate... all the things you hate (1:229/2)