Thread by @Paulatics

One week till Albertans go to the polls. A good day, perhaps, to talk about the way Senators come to be Senators in Canada. Senators are appointed, not elected. And there are important historical reasons for that. #abpoli #ableg #cdnpoli #SenCa

(Oh, this is going to be a thread. So be warned.) #SenCa #cdnpoli #ableg #abpoli

In the words of the Supreme Court of Canada, an appointed Senate is part of the fundamental architecture of our Constitution and our Confederation. Here's why. #SenCa #ableg #abpoli #cdnpoli

The framers, said the court, sought to endow the Senate with independence from the electoral process, "in order to remove Senators from a partisan political arena that required unremitting consideration of short-term political objectives." #ableg #abpoli #cdnpoli #SenCa

In other words, the fact that Senators weren't elected (or re-elected) meant they could take the long view. It allowed them to defend the Constitution, the Charter of Rights and Freedoms, and minority rights, even when such views were unpopular. #ableg #abpoli #SenCa #cdnpoli

But that wasn't the only reason. The framers also didn't want the Senate to be in a constant power struggle with the House of Commons. So they created an appointed upper chamber which would show proper deference to an elected House of Commons. #abpoli #ableg #SenCa #cdnpoli

"The appointed status of Senators, with its attendant assumption that appointment would prevent Senators from overstepping their role as a complementary legislative body, shapes the architecture of the Constitution Act, 1867", said the SCOC in its Senate reference decision.

Then-PM Stephen Harper had asked the court if he could set up a system of "consulative elections" for provinces to pick future Senate nominees. The court said no. #ableg #abpoli #cdnpoli #SenCa

"They would weaken the Senate’s role of sober second thought and would give it the democratic legitimacy to systematically block the House of Commons, contrary to its constitutional design," said the court. Elections, even consultative ones, were unconstitutional. #ableg #SenCa

In order to elect Senators, said the court, we'd have to amend the constitution. And that would require the consent of at least 7 provinces, representing at least 50 per cent of Canada's population. #ableg #abpoli #SenCa

Alberta has "elected" Senate nominees in consultative elections in the past. And I've been honoured to serve Alberta in the Senate with my colleagues Doug Black and Scott Tannas, who came to the Senate via that route. But they were appointed BEFORE the Supreme Court ruling.

Now that the Supreme Court of Canada has clearly outlined its objections to consultative Senate elections? Well, we may be in a somewhat different situation. scc-csc.lexum.com/scc-csc/scc-cs…

So how are Senators chosen? They used to be selected through a straight-up patronage appointment system - often quite a partisan system. But we have been moving away from that system since 2015. Here's how it works now. #SenCa #abpoli #ableg #cdnpoli

Any "property owner" over the age of 30 who is a Canadian citizen can apply to be a Senator - in a competitive application process that is designed to be based on merit. You don't have to be political connected. Or partisan. Quite the contrary. #ableg #abpoli #SenCA #cdnpoli

Then, the applications are reviewed by an independent, arms-length panel of experts, a panel with three permanent members, and two members from the province that has empty seats to fill. They make a very short short list for the PM to review.

(Thought it must be said, the PM makes the final decision, because that's what the constitution requires. That way the PM is accountable, too, for any appointments that might go off the rails.) #ableg #abpoli #cdnpoli #SenCA

Is it a perfect system? Of course not. But I think it has recruited a much wider range of candidates and Senators, from a much more diverse set of backgrounds, people who would never have been considered for appointment under the old patronage system. #ableg #abpoli #SenCa

Also? All the Senators who've been appointed since 2015 are independent. They sit in three different independent "groups" in the Senate, and are not accountable to any party or leader from the House of Commons. #SenCa #ableg #abpoli #cdnpoli

We are actually in the midst of quite a radical Senate reform - and it has its detractors and critics, as well as its champions. We don't yet know how all these Senate changes will play out. But Senate reform is well underway. I hope this helps clarify things! Thanks for reading.