There will be a rare aligning of the judicial and constitutional stars next week that court watchers and BNA Act junkies will want to watch. The Supreme Court of Canada will begin hearings on the federal government’s Reference on the Senate. The Court will hear arguments from a number of individuals, groups and governments from November 12 to the 14th. CPAC will be livestreaming the event and you can watch at www.cpac.ca. Coverage will begin at 9:30 a.m. eastern time. It is likely that other news channels will also cover the hearings live.
This hearing will bring together two of the biggest news stories in Canada at this time: the question of how to reform the Senate and the ongoing drama of the missing in action third Quebec judge, all set in the context of the Senate scandal and the suspension of three senators.
Some Quebec commentators and constitutional lawyers are decrying the absence of the third Quebec voice on the judge’s panel. They note that Quebec is usually a strong voice for the provinces. The recent decision of the Quebec Court of Appeal finding that the federal government’s bill to impose term limits and require Senate elections is unconstitutional perhaps points to the direction that Quebec intervenors will take and that perhaps Quebec judges on Supreme Court might be open to. However, there is an interesting precedent here. The last time the Supreme Court of Canada heard a reference about the Senate was in 1979. In that case, there was a panel of just eight judges, and again, it was a Quebec judge who was missing.
Saskatchewan Premier Brad Wall has further stirred the pot by moving a motion in the provincial legislature to abolish the Senate. We can guess what position the Saskatchewan government will be arguing next week!
It promises to be a fascinating hearing to watch, and a moment in judicial, parliamentary and constitutional history in which we can all have a front row seat.
About Teresa Mitchell
