Canadian Senate- appointments and discussion

[brihard]

I don’t see a generic “Canadian Senate” thread, so I’ll leave this here. Two new Senators have been appointed, representing Alberta. I can imagine this will be a bit contentious for some as we ride out the final year of a minority government likely headed for defeat.

Prime Minister announces the appointment of senators

Daryl Fridhandler is a corporate lawyer, arbitrator, mediator, and businessman with over 40 years of legal experience.

www.pm.gc.ca

 

[SeaKingTacco]

It is not going to play well in Alberta, (especially since there are two “elected” senators, awaiting appointment), but what else is new…

 

[brihard]

It is not going to play well in Alberta, (especially since there are two “elected” senators, awaiting appointment), but what else is new…

Right, I forgot they were doing that.

 

[SeaKingTacco]

Right, I forgot they were doing that.

There is a piece in today’s National Post Op-ed section about it.

 

[OldSolduer]

Charles Adler was appointed about 3 weeks ago. That appointment did not sit well with Indigenous leaders.

 

[suffolkowner]

Im not a big fan of how long we leave these Senate vacancies. In my opinion they should be filled as soon as possible and there is no excuse for them to be vacant for a year or 3 as in this case

 

[RangerRay]

Charles Adler was appointed about 3 weeks ago. That appointment did not sit well with Indigenous leaders.

I saw that. From what I read, the complaint back then was found to have no merit and was considered “fair comment” since he was critical of First Nations governance and individual leaders, not attacking their race.

Having said that, I didn’t have a problem with his criticism of conservative parties recently, but he had also recently started gushing about Trudeau while trying to maintain his conservative street cred. It felt really weird to me, when even die-hard Liberals were dumping on Trudeau.

I get queasy when I see journalists or even opinion makers get high level political appointments.

 

[FSTO]

^^
Conjuring my inner Brian Mulroney

“There’s no opinion writer whore like an old opinion writer whore”

 

[Halifax Tar]

Can a senator be arbitrarily put out to pasture by a sitting Gov ? Or do they have to willfully leave or retire ?

 

[suffolkowner]

Can a senator be arbitrarily put out to pasture by a sitting Gov ? Or do they have to willfully leave or retire ?

I think only by the Senate itself

 

[brihard]

Can a senator be arbitrarily put out to pasture by a sitting Gov ? Or do they have to willfully leave or retire ?

Mandatory retirement at age 75. The government has zero power to remove a Senator. There are circumstances in which a Senator can become disqualified, but constitutionally it would be to the Governor General to remove them. In practice, historically they have generally resigned. The Senate can potentially vote themselves to expel someone too.

 

[suffolkowner]

Mandatory retirement at age 75. The government has zero power to remove a Senator. There are circumstances in which a Senator can become disqualified, but constitutionally it would be to the Governor General to remove them. In practice, historically they have generally resigned. The Senate can potentially vote themselves to expel someone too.

What happened with Duffy? Didnt the Senate remove him?

 

[brihard]

What happened with Duffy? Didnt the Senate remove him?

The Senate suspended him until he was acquitted. He retired when he turned 75.

 

[Edward Campbell]

What happened with Duffy? Didnt the Senate remove him?

Nope, Duffy was suspended, for a while, but when he was cleared of all criminal charges he resumed his seat, as an Independent senator, and sat util he retired in 2021.

 

[Blackadder1916]

Mandatory retirement at age 75. The government has zero power to remove a Senator. There are circumstances in which a Senator can become disqualified, but constitutionally it would be to the Governor General to remove them. In practice, historically they have generally resigned. The Senate can potentially vote themselves to expel someone too.

The constitution as written gives the GG the power to "summon" (appoint) senators, but does not mention any authority to remove them.

Summons of Senator
24 The Governor General shall from Time to Time, in the Queen’s Name, by Instrument under the Great Seal of Canada, summon qualified Persons to the Senate; and, subject to the Provisions of this Act, every Person so summoned shall become and be a Member of the Senate and a Senator.

And though the Senate cannot "expel" senators, they can be "disqualified" and their seat declared vacant.

Disqualification of Senators
31 The Place of a Senator shall become vacant in any of the following Cases:

• 1. If for Two consecutive Sessions of the Parliament he fails to give his Attendance in the Senate;
• 2. If he takes an Oath or makes a Declaration or Acknowledgment of Allegiance, Obedience, or Adherence to a Foreign Power, or does an Act whereby he becomes a Subject or Citizen, or entitled to the Rights or Privileges of a Subject or Citizen, of a Foreign Power;
• 3. If he is adjudged Bankrupt or Insolvent, or applies for the Benefit of any Law relating to Insolvent Debtors, or becomes a public Defaulter;
• 4. If he is attainted of Treason or convicted of Felony or of any infamous Crime;
• 5. If he ceases to be qualified in respect of Property or of Residence; provided, that a Senator shall not be deemed to have ceased to be qualified in respect of Residence by reason only of his residing at the Seat of the Government of Canada while holding an Office under that Government requiring his Presence there.

It is the Senate who determines whether a senator is disqualified or that his seat is vacant.

Questions as to Qualifications and Vacancies in Senate
33 If any Question arises respecting the Qualification of a Senator or a Vacancy in the Senate the same shall be heard and determined by the Senate.

But Senate rules are very forgiving about avoiding disqualification.

Chapter Fifteen: Attendance, Leaves of Absence, Suspensions and Declarations

Chapter Fifteen: Attendance, Leaves of Absence, Suspensions and Declarations

sencanada.ca

Avoiding disqualification
15-2. (4) To avoid disqualification, a Senator who is on leave of absence or under suspension for more than a full session may attend the Senate once every session, provided that:
(a) the Senator shall send to the Clerk a signed notice indicating an intention to attend;
(b) the Clerk shall table the notice; and
(c) the Senator may then attend, but only on the sixth day the Senate sits after the notice was tabled by the Clerk.

REFERENCE
Constitution Act, 1867, section 31

 

[brihard]

The constitution as written gives the GG the power to "summon" (appoint) senators, but does not mention any authority to remove them.



And though the Senate cannot "expel" senators, they can be "disqualified" and their seat declared vacant.


It is the Senate who determines whether a senator is disqualified or that his seat is vacant.


But Senate rules are very forgiving about avoiding disqualification.

Chapter Fifteen: Attendance, Leaves of Absence, Suspensions and Declarations

Chapter Fifteen: Attendance, Leaves of Absence, Suspensions and Declarations

sencanada.ca

Huh, I think you’re right I was mistaken about the GG having the power to remove a senator. On review, I don’t see any wording that would in fact empower her to do that. Thank you.

Regarding my choice of the word ‘expel’- yes, suspend and declare seat vacant is more precise. I chose it for brevity since in effect it’s the same.

 

[Blackadder1916]

Huh, I think you’re right I was mistaken about the GG having the power to remove a senator. On review, I don’t see any wording that would in fact empower her to do that. Thank you.

Regarding my choice of the word ‘expel’- yes, suspend and declare seat vacant is more precise. I chose it for brevity since in effect it’s the same.

Seen.

On further study, "expel" may be an appropriate choice. While no Canadian senator has been removed from office other than by being disqualified under one of the five areas in s 31 of The Constitution Act, there was one case, in recent years, in which the Senate was proceeding to remove a senator who had not been so disqualified. However, the now former senator, Don Meredith, resigned before they could so vote.

https://www.cbc.ca/news/politics/meredith-ethics-report-1.4095295

At first glance, the Constitution Act seems to enumerate only five areas as to when a senator can be permanently disqualified: an absence for more than two consecutive sessions, allegiance or adherence to a foreign power, bankruptcy, treason or conviction of a felony or if a senator does not meet property qualifications.

Andreychuk tried to put an end to legal haziness Tuesday, adding that the list is "not exhaustive."

"The right to suspend or expel one of its members is an inherent privilege to any legislative body necessary to protect its dignity and efficiency," she said.

The committee sought a legal opinion from the Senate's law clerk, Michel Patrice, on this matter, she said, and he pointed to Section 18 of the Constitution Act as appropriate legal cover.

The section confers on members of the Senate the "privileges, immunities or powers ... enjoyed, and exercised by the Commons House of Parliament in the United Kingdom of Great Britain and Ireland."

British MPs are able to deliver the ultimate sanction, and remove a member from the House with a simple majority vote on a motion. (The power is used rarely, and there are only three examples in the last 100 years.)

The legal opinion provided in support of "expulsion"

https://sencanada.ca/content/sen/committee/421/CONF/reports/2ndReport_APPENDIX_e.pdf

 

[FSTO]

^^^
Wasn’t he the dude who was living in Mexico and never sat in the senate?

 

[dapaterson]

^^^
Wasn’t he the dude who was living in Mexico and never sat in the senate?

No, he's the guy who allegedly groomed a teenage girl. A Pentecostal minister and failed Conservative candidate in Toronto.

Don Meredith (politician) - Wikipedia

en.wikipedia.org

EDIT: Subsequently charged with sexual assault in 2022 for incidents which occurred while he was a senator.

https://www.cbc.ca/news/canada/ottawa/don-meredith-sexual-assault-charge-1.6602938

 

[dapaterson]

^^^
Wasn’t he the dude who was living in Mexico and never sat in the senate?

You're thinking of Andy Thompson, former Liberal Party of Ontario leader, appointed to the senate in 1967.

Andy Thompson (Canadian politician) - Wikipedia

en.wikipedia.org