Sorting The Canadian Senate

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.