Confederation and the Canadian Senate:
 The Fathers of Confederation define the role of the Senate within the new Canadian nation.

by Rhonda Parkinson

The Senate is one component of the system of government decided upon by representatives of the British colonies during three Confederation conferences. The structure of the new government - including the Senate - reflected political, social, and economic factors present at the time of Confederation:

  • Concerns that the United States would invade the Province of Canada or expand into unclaimed territory in the west;
  • The need to establish alternate trading partners when Canada's reciprocity treaty with the United States ended;
  • The need for a government structure that gave Quebec autonomy over the areas of language, religion, and culture;
  • The failure of the 1840 Act of Union, which led to deadlock between the English and French-speaking majorities in the Province of Canada's elected Assembly; and
  • Concerns that granting too much power to constituent units could lead to rebellion.

Economic and security concerns argued in favour of a strong national government. However, the experience of Canada West (Ontario) and Canada East (Quebec) under the Act of Union made it clear that Quebec's autonomy in the areas of language and culture required formal recognition. Furthermore, fears of Maritime conference delegates that a strong national government would threaten their local autonomy needed to be eased. Ultimately, the Confederation Fathers opted for a strong central government, while giving designated regions autonomy over specific areas.

In 1867, Canada became the first country to combine parliamentary institutions with a federal system of government. Canada is a Constitutional Monarchy based on the British model, with a Parliament consisting of the Crown and a bicameral legislature. Canada is also a federation: sections 91 and 92 of the Constitution Act, 1867, lay out the division of powers between the two levels of government.

The decision to adopt a parliamentary, rather than a presidential, system of government impacted the makeup and structure of the Senate. Under the principle of responsible government, Cabinet is responsible to the democratically elected members of the Lower House. Unlike the United States, there is no separation of powers between the Executive and the legislature. This makes it difficult to give strong powers to the Senate.

The Role of the Senate

The Fathers of Confederation expected the Senate to play two key roles:

  • Provide a counterbalance to the democratically elected House of Commons.
  • Protect regional interests (including Quebec's diverse cultural interests).

Appointed Senators were expected to provide sober second thought to decisions reached by Members of Parliament (MPs), which otherwise would have gone unchecked. The Senate was also expected to represent the interests of the propertied class. To be considered for the Senate, an individual had to be at least thirty years of age and own four thousand dollars worth of property. This requirement would have been a barrier to most individuals in 1867.

The Senate's second role was regional representation. Both Quebec and the Maritime colonies were concerned that, with the majority of the population, Ontario's interests would predominate in the House of Commons. The Confederation Fathers designed a system that gave the three regions of Ontario, Quebec, and the Maritimes an equal number of Senators. This accomplished two things. First, it ensured that the concerns of Canada's French speaking minority - which formed a majority in the province of Quebec - would be heard. Second, it provided the Maritimes with a forum where they shared an equal voice with Ontario and Quebec, despite having a much lower population.

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