Quebec Court Rejects Bid to Reform Canada's Senate

A Quebec court ruled Thursday that a federal government proposal to unilaterally reform Canada's Senate is unconstitutional, as calls mounted for abolishing the upper chamber mired in controversy.

The Quebec Court of Appeal in an opinion said the federal government has no right to schedule Senate elections and set term limits without provincial approval.

The court's opinion was requested by the government of Quebec.

Conservative Prime Minister Stephen Harper's government proposed setting nine-year term limits for senators, and holding elections in provinces that want them.

But he faces opposition from Quebec and other provinces fearing a dilution of their share of Senate seats.

Under the current system, senators from various regions of Canada are appointed by the governor general on the advice of the prime minister and can hold their seats until they turn 75.

Critics say successive federal governments have stacked it with party hacks, organizers and supporters.

Citing transcripts of pre-confederation conferences, the Quebec court said Canada's "founding fathers discussed the role and composition of the Senate at length."

"There is no doubt that this institution was a fundamental component of the federal compromise in 1867," the year of Canada's founding, it said.

If Ottawa wants to reform the Senate, the court affirmed that it must get approval from at least seven of Canada's 10 provinces holding half of the country's population, under the existing constitution amending formula.

The ruling was released as the Senate mulls expelling three members over what an audit revealed were "troubling" expense claims, in a scandal that has so far cost the prime minister's chief of staff, Nigel Wright, his job in May.

In mid-November, the Supreme Court of Canada is to hold its own hearings on the proposed reforms.