Article content

By Joan Bryden

OTTAWA – The federal government has lost a bid to thwart a court challenge aimed at compelling Prime Minister Stephen Harper to fill Senate vacancies.

We apologize, but this video has failed to load.

tap here to see other videos from our team. Try refreshing your browser, or Feds lose bid to dismiss court case over PM's refusal to fill Senate vacancies Back to video

Federal Court Justice Sean Harrington rejected Thursday the government’s motion to have the case dismissed.

The case was launched by Vancouver lawyer Aniz Alani, who maintains the unfilled vacancies are unconstitutional, leaving provinces under-represented and the Senate less able to carry out its constitutional role as the chamber of sober second thought.

He is asking the court to declare that Senate vacancies must be filled within a reasonable time.

Harper has not appointed a senator since March 2013 — when the scandal over improper expenses claimed by some senators began to engulf his government.

There are currently 20 vacancies in the 105-seat, unelected upper house.

Harrington has not yet heard arguments or ruled on the substance of Alani’s challenge. But in rejecting the government’s bid to have it tossed, he suggested there is an obligation to appoint senators, no matter how distasteful it might be in the midst of scandal.