As the House of Commons enters the final stretch of sitting days before rising for the summer break, the government is focused on passing the Budget Implementation Act and a few other key pieces of legislation before calling it quits. Though Members of Parliament may be ready for summer recess (as are a healthy number of stakeholders impacted by these bills), Canada’s Upper Chamber may be a little less preoccupied with starting their vacations as quickly as possible.
Sometimes viewed as a cushy, plum appointment for old partisans and party loyalists, the Senate has gotten a bad rap over the years, often only making headlines over scandals, misspending or delaying legislation. While a critical eye to the efficacy of institutions is probably healthy, the fact is that the Senate plays an important check and balance to legislative efforts put forward by the government of the day, applying a considered lens that ought to stretch beyond immediate electoral gains.
The Senate also has a unique role in bringing forward perspectives and elevating voices of minority interests and groups who may be underrepresented in the Commons. They can also provide geographic considerations to legislation, which is important in scenarios where the governing party in the House may not have elected representatives from a certain province or territory. In short, they have a key role in providing less-partisan perspective and “sober second thought” to bills that make their way through a decidedly partisan House of Commons.
Since 2015, the Senate has undergone some major changes in the way the appointment process works and how the chamber legislates. Prime Minister Justin Trudeau followed through on his promise to deliver Senate reform where new Senators are able to apply for the vacancies and an independent body would review each application. Like anything in Ottawa, there are politics around those who have been appointed. The number of Senators that hold progressive views has increased, while those who would be popular around conservative circles have had a harder time becoming a Senator.
Since the change in the appointment process, the Senate has reached gender parity and the number of minorities appointed, especially those with Indigenous ancestry, has increased significantly. Beyond the greater representation, the Senate as a whole has become less partisan in nature. Yes, there are some Senators who hold their partisan colors as a badge of honour, but those who have been appointed since 2015, are more willing to flex their independent muscle by examining legislation thoroughly and approaching legislation on behalf of Canadians and not a single political party.
Exercising this independence is symbolic of how the Senate is evolving as a legislative body. Those appointed under the new Trudeau process are finding their footing as legislators and introducing and amending legislation – sometimes out of step with the desires of the government that appointed them. A real-time example of this is in how Senators are handling Bill C-11, involving changes to the Broadcasting Act. While the government has attempted to push this through the House of Commons as fast as possible, Senators appear to have little appetite to do the same thing as they evaluate the pre-study of the Bill and vocalize concerns.
The Trudeau government must learn how to play ball with the independently empowered Senate. Some of this has involved using the Senate as an avenue to introduce priority legislation to avoid it getting bogged down in a busy House of Commons agenda. Earlier this year for example, the government introduced legislation in the Senate to amend the Environmental Protection Act. In doing so, the Senate will be able to fine-tune the legislation to their standards and correct any inconsistencies before it enters the more partisan House.
The Senate is unlikely to fight every battle, and will likely look to balance passing through some pieces of legislation, while applying their judgment and sober second thought to others. While C-11 may get some more time, it’s anticipated the Senate will move quickly to pass C-19, the enabling legislation for the federal budget. Even if there’s agreement to get this passed quickly, the Senate does have some tools which may extend this passage, including the ability to hold committee meetings virtually (including throughout the summer) with more ease than the House. Their less-aggressive sitting schedule may also mean they aren’t as weary as their House colleagues, giving them energy to go deeper into the summer (provided resourcing like translation and clerks are available to enable this).
The evolution of the Senate and its role in challenging legislation is a new and exciting chapter for an institution traditionally slow to innovate. The days of heavy partisan squabbles in the Senate are fewer and farther between, as Senators flex their independence – even if it’s to the chagrin of the government that chose them. It’s a refreshing break from the toxicity of the House of Commons, where a summer recess to relieve tension and frustration can’t come soon enough
