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Senators, selected from among the electoral winners, would change the role of members of the upper chamber, “endowing senators with a popular mandate which is inconsistent with the Senate’s role as a complementary legislative chamber of sober second thought,” the court said.

“Senators selected from among the listed nominees would become popular representatives,” similar to MPs in the House of Commons, the court wrote. “They would join the Senate after acquiring the mandate and legitimacy that flow from popular election.”

The court, however, was silent on Alberta’s Senate elections and whether these were constitutional.

The federal Conservatives also wanted to set nine-year term limits — a move the court decided would alter senators’ ability to be freer than MPs in reviewing and criticizing government legislation.

Currently, senators sit until age 75.

“The imposition of fixed terms, even lengthy ones, constitutes a change that engages the interests of the provinces as stakeholders in Canada’s constitutional design and falls within the within the … 7/50 (amending) procedure,” the justices wrote.

The court didn’t say how long a term would need to be to “safeguard the Senate’s role as a body of sober second thought,” saying that was up to policymakers to negotiate.

The Supreme Court of Canada’s ruling on how the Senate can be reformed or abolished is a watershed moment in the Conservative government’s eight-year quest to reform the upper chamber. How did they (and the rest of us) get here?2011 June 21: The Conservative government introduces the Senate Reform Act. The legislation would set nine-year term limits for anyone appointed to the Senate after Oct. 14, 2008, and create a voluntary framework for provinces wishing to hold Senate nominee elections. 2012 April 30: Quebec challenges the constitutionality of the Senate Reform Act at the Quebec Court of Appeal. Sept. 7: Prime Minister Stephen Harper appoints five senators, all Conservatives. Harper’s office notes that all five appointees have pledged support for the Senate Reform Act. Dec. 4: An Ottawa Citizen report questions living expense claims of $33,413 filed by Sen. Mike Duffy for a secondary home in Ottawa, where he was a longtime resident before joining the Senate to represent Prince Edward Island. 2013 Feb. 1: The Conservatives ask the Supreme Court of Canada to rule on the constitutionality of the Senate Reform Act. Feb. 8: The Senate calls in auditors to review housing claims of three senators: then-Conservatives Patrick Brazeau and Mike Duffy, and then-Liberal Mac Harb. May 15: After Duffy says he has repaid housing claims now estimated at about $90,000, the Prime Minister’s Office says chief of staff Nigel Wright used his personal funds to cover the repayment. The money was part of a secret deal that saw a Senate committee go easy on Duffy in an audit report. July 15: Harper bars senators from being in cabinet. July 31: The federal government files its arguments on Senate reform with the Supreme Court. It argues it doesn’t need to open up the Constitution to reform the Senate, and that Parliament alone has the power to make certain changes – without the need to consult provincial governments. Aug. 30: Alberta and Saskatchewan side with the federal government on the method by which the Senate can be abolished. British Columbia takes the same position one week later. Oct. 24: The Quebec Court of Appeal rules the Senate Reform Act is unconstitutional. Nov. 5: The Senate suspends Mike Duffy, Patrick Brazeau and Pamela Wallin without pay over their questionable expense claims. Nov. 12-14: The Supreme Court holds three days of hearings on the constitutionality of Senate reform. Nov. 20: RCMP court documents lay out detailed allegations against Duffy, Wright and senior senators involved in Duffy’s audit report. 2014 Jan. 29: Liberal Leader Justin Trudeau removes Liberal senators from the party’s caucus. He indicates he will seek changes to the party constitution to prevent the party from having senators at all. Feb. 4: The RCMP lay charges of fraud and breach of trust against former senator Mac Harb, now retired, and current independent senator Patrick Brazeau, now suspended. April 15: The RCMP say they are no longer investigating Nigel Wright. Investigators say the evidence against Wright doesn’t support laying criminal charges. April 25: The Supreme Court of Canada unveils its roadmap for how the Senate can be reformed or abolished.



THE SUPREME COURT RULING: