If I had my choice I would simply
abolish the Canadian Senate but that would require a constitutional
amendment and open a whole new Canadian proverbial can of
worms.
However as far as the selection of Senators other than set regional
distribution the only requirement is that they be summoned by the
Governor General.
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. (Constitution Act, 1867 )
This means that Parliament is free to legislate the process of the
selection of Senators by the Governor General however they wish.
Many would suggest an elected Senate, but besides the issues with
constitutional wording that strongly implies the Senate must be
appointed, the Constitution also provides a regional representation
that does not reflect representation by population. An elected Senate
might try to claim legitimacy it does not have to overrule or thwart
the will of the House of Commons leading to a potential
constitutional crises. There is no need for two elected Houses though
there may be a need to make the House of Commons more representative
through a system of proportional representation.
So how do we make the Senate more effective.
The Senate’s traditional role has been as a place of sober
second thought in regards to ensuring the soundness of
legislation originating in the House of Commons. Senatecommittees have also taken on the role of studying the issues
of the day and issuing reports.
These roles do overlap with the House of Commons functions so how can
we make the Senate better complement the role of the House of
Commons. The current government has attempted, and succeeded to a
degree, to make the Senate a less partisan body than the House of
Commons but it is still by virtue of the type of people appointed a
political body with appointment until retirement at age 75 (or
earlier at the Senator’s choice).
What if we made the Senate representative of the Canadian public in a
different way than election or appointment by the government of the
day, with shorter terms.
What if we selected Senators randomly in a similar manner to
selecting jurors taking into account the regional representation
requirements. This is not a new concept, it even has a name.
Sortition
In governance,
sortition is the selection of public officials
or jurors at random, i.e. by lottery,
in order to obtain a representative sample.[1][2][3][4]
(Wikipedia)
Implementing
sortition for the Canadian Senate will not be completely random and
representative because of the geographic requirements and because
many people will not accept the post for various legitimate reasons
but it will still provide a different perspective than the House of
Commons because the membership will mostly consist of non-politically
active citizens.
I would propose
appointment for a four year term with half of the Senate changing
every two years so there is always fifty percent membership with some
experience. Unlike a few weeks commitment for jury duty this would be
too long a commitment to make it mandatory.
There would need to
be some mandatory exclusions such as anyone holding public office and
probably also judges and I would also exclude lawyers. Others might
request exclusion because it might affect their career prospects
negatively or they might have other obligations.
Fortunately the one
group that most lacks representation now, the unemployed and
underemployed or those with precarious employment would likely
welcome a guaranteed four years of employment, with the bonus of
being able to serve their fellow citizens.
A sorted Senate
might be the unique Canadian solution we are looking for.