B.C. court factum says Senate reform requires provincial referendum

OTTAWA – British Columbia says a provincial referendum on Senate reform would be required by law before it could approve any reforms to the upper chamber in Ottawa.

The B.C. government was the last to submit its factum to the Supreme Court of Canada in a reference case proposed last winter by the Harper Conservatives.

Like other provincial and territorial governments, B.C. says any significant reforms — such as term limits for senators or Senate elections — must follow the amending formula laid out in the 1982 Constitution Act.

That means the approval of seven provinces representing at least 50 per cent of the population.

All arguments from interested parties were supposed to be submitted to the court by the end of August, but B.C. was granted a one-week extension.

Most of the provinces and territories have agreed on the 7/50 amending formula — while a number say that abolishing the Senate altogether would require unanimous provincial consent.

After years of promising piecemeal reforms without delivering, the Conservative government of Stephen Harper asked the Supreme Court for guidance last February on what it would take to overhaul the Senate — or to abolish it outright.

The Conservatives first introduced Senate reform proposals soon after coming to power in 2006, but were thwarted in part by a Liberal-dominated upper chamber that demanded the government get a Supreme Court opinion on their constitutionality.

Even after achieving majorities in both the Senate and the House of Commons, however, the Conservatives failed to push forward with promised term limits and Senate elections.

Harper’s belated Supreme Court reference came as a Senate expense scandal involving three Harper appointees and one Liberal appointee began to gain public traction last winter.

The court could take up to two years to deliver its response.