Reference re Senate Reform (2014)

E263992

Reference re Senate Reform (2014) is a landmark Supreme Court of Canada advisory opinion that clarified the constitutional limits and amendment procedures required for proposed reforms to Canada’s Senate.

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Statements (47)

Predicate Object
instanceOf Canadian constitutional law case
Supreme Court of Canada advisory opinion
alsoKnownAs Reference re Senate Reform (2014)
surface form: Senate Reform Reference
bindingStatus authoritative interpretation of the Constitution of Canada
citation 2014 SCC 32
clarifiedConcept constitutional architecture of Canada
distinction between constitutional text and constitutional architecture
scope of Parliament’s unilateral amending power
concerns constitutional amendment procedures for Senate reform
constitutional limits on Senate reform
reform of the Senate of Canada
country Canada
court Supreme Court of Canada
dateDecided 2014-04-25
fullCaseName Reference re Senate Reform (2014) self-link
surface form: Reference re Senate Reform
hasPrecedentFor later cases on constitutional amendment procedures in Canada
heldThat Parliament cannot unilaterally impose consultative or advisory elections for Senate nominees
Parliament cannot unilaterally set term limits for senators
abolition of the Senate requires unanimous provincial consent under the general amending formula’s unanimity procedure
changes to the Senate that affect the constitutional architecture engage the amending procedures in Part V of the Constitution Act, 1982
fundamental changes to the Senate’s powers, method of selection, or provincial representation require the general 7/50 amending formula
impactOn proposals to abolish the Senate of Canada
proposals to impose fixed terms for senators
proposed federal legislation on Senate elections
interprets Constitution Act, 1867
Constitution Act, 1982
Constitution Act, 1982
surface form: Part V of the Constitution Act, 1982

section 38 of the Constitution Act, 1982
section 41 of the Constitution Act, 1982
section 42 of the Constitution Act, 1982
isAdvisoryOpinion true
jurisdiction federal-provincial relations
languageOfDecision English
French
legalSubject Canadian federalism
constitutional amendment procedure
constitutional law
locationOfCourt Ottawa
surface form: Ottawa, Ontario, Canada
neutralCitation 2014 SCC 32
originatingGovernment Canadian federal government (Ottawa)
surface form: Government of Canada
partOf Canadian constitutional jurisprudence
referenceJurisdictionInvoked Supreme Court Act
surface form: Supreme Court Act, s. 53
relatedInstitution Parliament of Canada
provincial legislatures of Canada
subjectInstitution Senate of Canada
typeOfProceeding reference question
yearDecided 2014

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Referenced by (5)

Full triples — surface form annotated when it differs from this entity's canonical label.

Constitutional amending formula notableCase Reference re Senate Reform (2014)
Charlottetown Accord relatedTo Reference re Senate Reform (2014)
this entity surface form: Senate of Canada reform debates
Reference re Senate Reform (2014) fullCaseName Reference re Senate Reform (2014) self-link
subject surface form: Reference re Senate Reform
this entity surface form: Reference re Senate Reform
Reference re Senate Reform (2014) alsoKnownAs Reference re Senate Reform (2014)
subject surface form: Reference re Senate Reform
this entity surface form: Senate Reform Reference
Reference re Supreme Court Act, ss. 5 and 6 (2014) relatedCase Reference re Senate Reform (2014)
this entity surface form: Reference re Senate Reform