Wow, I was skeptical when I read that Harper wanted to limit Senators' terms to 8 years (the "legaslative" body, not the hockey team). I was always convinced that changes to the Senate required the 7/50 formula (7 provinces representing 50% of the population) to make happen. Turns out a quick read o' the old Constituion proves me wrong.

Turns out they're relying on s44 of the Constituion Act, 1982 which reads:

"Subject to sections 41 and 42, Parliament may exclusively make laws amending the Constitution of Canada in relation to the executive government of Canada or the Senate and House of Commons. "

s41 referred to above is the "Uninimous Consent" amending formula for stuff like the role of the Queen and the composition of the Supreme Court.

s42 is the 7/50 formula. There are two important points in this one:

(b) the powers of the Senate and the method of selecting Senators;
(c) the number of members by which a province is entitled to be represented in the Senate and the residence qualifications of Senators;

Notice that there is nothing in there about the term of Senators. They cannot constituionally change the method of appointment (although they could do this legeslatively...more in a bit here) or the number of Senators per province (so, no EEE), but they could restrict the term to 8 years from appointment.

Now, on the method of appointment, the Constituion Act, 1867, simply states that the Governor in Council (ie. the GG after being asked by the PM) shall from time-to-time summon qualified individuals to to Senate. It would be a simple piece of legislation to require that the PM appoint an elected Senator to the Senate.

In terms of the powers of the Senate, that's a major misconception that now exists. The Senate is, with few exceptions, the equal of the House of Commons in terms of power. The fact that they rarely use that power is a political issue of legitimacy (appointed Senators don't feel they have a legitmate right to overrule the elected MPs). Electing Senators to fixed terms will inevitably reduce that check on their power, and they will become an effective legeslative body.

So, here we are, with no complex constituional deal-making with the provinces, we could be 2/3 of the way to an EEE Senate in Canada. I for one think it cannot happen too soon.