Harper's plan is unconstitutional. If this initiative remains, the Supreme Court is going to have to rule against it. Section 24 of the Constitution clearly states that "the Governor General shall from time to time" appoint new Senators after vacancies have arisen.
Not meaning to be cute, but Section 24 (like the rest of the Constitution) says nothing about the Prime Minister - and I don't see where the Governor-General has to appoint Senators based on the recommendation of the executive branch. Not saying it's not there, just saying I don't see it.
In short:
Could we (or someone) demand that the G-G appoint Senators, with or without recommendations from Harper? Isn't that what Section 24 requires? Could a court action be launched to that effect?
I'm asking whatever experts we have around this place.