Canada’s Senate and Constitution: An Untouched Relic in a Modern Democracy

For all its image as a progressive democracy, Canada remains shackled to a constitutional structure rooted in 19th-century colonialism. Despite the historic moment of patriation in 1982, when Prime Minister Pierre Trudeau brought the Constitution home from Britain, Canada failed to modernize the very institutions that continue to govern its people.

1. Two Constitutions, One Outdated System

Canada is still governed by two constitutional documents:

• The Constitution Act, 1867, formerly the British North America Act, established the federal framework and Senate.

• The Constitution Act, 1982, added the Canadian Charter of Rights and Freedoms, but made no structural reforms to Parliament, the Senate, or the executive branch.

What’s more, the Queen (now King) remains Canada’s Head of State, and real power still flows through an unelected Governor General, appointed by the Prime Minister with no public input. Canada, in effect, retains a colonial command structure wrapped in the veneer of democracy.

2. An Appointed Senate—By Design, Not Democracy

The Canadian Senate, meant to represent regional interests, is composed entirely of unelected appointees. Senators are selected by the Prime Minister and serve until age 75. This design was inherited from the British House of Lords and was originally intended to "sober second thought" on legislation—but in practice, it often functions more like a political reward chamber.

Although some senators now identify as "independents," the appointment process remains highly political, with the Prime Minister exerting disproportionate influence. Voters have no say in who sits in the Upper Chamber.

3. The Illusion of Accountability: Ethics on Paper

Canada’s Senate does have an Ethics and Conflict of Interest Code, which includes obligations such as:

• Prioritizing parliamentary duties over private interests.

• Avoiding real or perceived conflicts of interest.

• Refraining from using their position or insider information for personal or third-party gain.

• Declaring conflicts and abstaining from debates or votes when applicable.

• Declaring gifts, benefits, and private interests annually.

But here’s the reality:

• Ethics enforcement is internal—the Senate polices itself.

• The Senate Ethics Officer is not independent of the institution.

• There are no meaningful consequences for most violations.

• The public has no mechanism to remove or discipline a senator short of waiting for retirement at 75.

It’s accountability in name only—a formal code with informal enforcement.

4. Quebec Never Signed On

Perhaps the most glaring constitutional flaw is that Quebec never agreed to the 1982 Constitution. Despite being Canada’s second-largest province and a distinct society, it remains symbolically outside the constitutional consensus.

Efforts to include Quebec, such as the Meech Lake Accord (1990) and the Charlottetown Accord (1992), failed due to political fragmentation and a lack of national resolve. Canada is thus governed by a Constitution that one of its founding provinces never accepted, a fact that continues to erode national unity and legitimacy.

5. Why No Real Change?

Amending the Constitution is deliberately difficult:

• Most changes require the “7/50 rule” (Parliament + 7 provinces representing 50% of the population).

• Some reforms—like abolishing the Senate or replacing the monarchy—require unanimous provincial consent.

This makes meaningful reform politically perilous. Leaders fear failure, backlash, or the loss of political capital. As a result, they choose the status quo over structural courage, decade after decade.

6. What Voters Need to Wake Up To

Canadians pride themselves on democracy, but here’s the uncomfortable truth:

• Senators are not elected.

• The Head of State is a foreign monarch.

• One of Canada’s largest provinces never signed onto the current Constitution.

• Real power is centralized in the Prime Minister's Office, not in transparent, accountable institutions.

• Senate ethics rules are not enforced with real-world consequences.

Until citizens demand better, politicians will continue to sidestep the hard conversations.

→ Democracy isn’t defined by what we say we are—it’s defined by how we’re governed.

Conclusion: A Call for Courage and Constitutional Maturity

The time has come for voters to lift their heads from the sand and demand a Constitution that reflects who we are now, not who we were in 1867 or 1982. Reform won’t be easy. But neither is living under a system that pretends to be democratic while clinging to appointed privilege, outdated monarchy, and provincial exclusion.

The Senate can no longer hide behind symbolic ethics codes, colonial design, and political inertia. Real reform starts with:

• Public awareness.

• Political courage.

• A citizenry willing to challenge what’s been taken for granted.

The status quo only survives when people choose not to confront it. 

Democracy isn’t defined by what we say we are—it’s defined by how we’re governed.