The Constitution Act, 1867 established the Senate of Canada in the image of the British House of Lords. However, it was decided that, instead of an unlimited number of hereditary peers enjoying the rights and privileges of persons of that rank, Canada would have a fixed number of “life senators” enjoying the same rights and privileges as those of elected members of Parliament. Similarly the privileges, immunities and powers of the Senate, as distinct from its role, were to be the same as those of the House of Commons.

The similarity of the Senate to the House of Lords is evident also in the office of the Speaker which was patterned on the office of the Lord Chancellor. The appointment of the Speaker, formally made by the Governor General, is, today, a personal prerogative of the Prime Minister and not subject to ratification by the Senate. Like the Lord Chancellor, the office of Speaker was originally expected to be a partisan one; it was assumed he would be able to leave the Chair and speak in debate and exercise a deliberative vote. Although it does not occur often now, the Speaker still retains the right to participate in debate but must leave the Chair to do so. The Speaker also still has a deliberative vote and votes first when he or she does vote but in practice rarely exercises this right.

In 1867 the Speaker was not given any specific powers or responsibilities to enforce the Rules of the House. The Senate, again like the House of Lords, was largely self-governing. Until 1906, it was very self-conscious of the House of Lords tradition whereby the Lord Chancellor intervened in debate to rule on a procedural question only at the request of another Hon. Member. The Speaker had no more authority than any other member except insofar “as his own personal weight and the dignity of his office may give effect to his opinions and secure the concurrence of the House.” (Erskine May, 18th ed.)

During the 1890s and early part of the last century, the occasional rowdiness of a few members led to a movement to break with the House of Lords tradition and give the Senate Speaker more authority. The 1906 revision of the Senate rules gave the Speaker much the same powers as his counterpart in the House of Commons. A new Rule simply stated that the Speaker “shall preserve order and decorum, and shall decide points of order, subject to an appeal to the Senate.”

Since then, the Speaker’s position has continued to evolve to resemble increasingly the non-partisan role of Speakers in other parliaments patterned after Westminster. While all Senators are entitled to raise points of order, it is the Speaker who makes rulings on points of order and has the authority to determine when enough argument has been heard before making a ruling. In 1991, the Rules of the Senate were revised to give the Speaker the power to act on his own initiative on matters of order and decorum in the Senate. The Speaker also has the authority to suspend a sitting for a maximum period of three hours in cases of grave disorder. However, it is still the case that all of the Speaker’s decisions, except those regarding expiry of a Senator’s speaking time, may be appealed.