IN THE MATTER OF a Reference by the Governor in Council concerning reform of the Senate, as set out in Order in Council P.C. 2013-70, dated February 1, 2013
Term limits and consultative elections for the Senate cannot be implemented by Parliament alone, but requires approval via the 7/50 amending formula; abolishing the Senate requires unanimous consent of all provinces
Reference Re Senate Reform was a reference question to the Supreme Court of Canada regarding the constitutional validity of proposals to change the Senate, such as term limits, consultative elections, and abolition. The ruling was announced April 2014, following arguments made in November 2013. The court decided that term limits and consultative elections could not be done by the Federal Government alone through Parliament, but also required the consent of seven provinces representing more than 50% of the population, in accordance with the lower of two thresholds for the constitutional amending formula.[2][3] The court also ruled that Senate abolition would require the higher threshold for amendment: Parliamentary approval plus consent of all ten provinces.[2][3]
Dodek, Adam (2015). "The Politics of the Senate Reform Reference: Fidelity, Frustration, and Federal Unilateralism". McGill Law Journal. 60 (4): 623–672. 2015 CanLIIDocs 390.
Macfarlane, Emmett (2021). Constitutional pariah: reference re Senate Reform and the future of Parliament. Vancouver: UBC Press. ISBN978-0-7748-6622-4.
Pal, Michael (2016). "Constitutional Amendment After the Senate Reference and the Prospects for Electoral Reform". Supreme Court Law Review. 76: 377–398. 2016 CanLIIDocs 4519.
