The Process of Electoral Reform in Canada: Democratic and Constitutional Constraints (original) (raw)
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Understanding Democracy as a Cause of Electoral Reform: Canadian Jurisprudence and Electoral Reform
hc.ceu.hu
This paper addresses the question of the sources of electoral reform that lie outside of the partisan political realm. In particular, it examines the case of electoral reforms that have been imposed, or that realistically might be imagined to be imposed, by the courts in Canada. The paper consists of three major sections. The first introduces the idea of judicial review as a source of electoral reform. The second lays out the major cases relevant to electoral reform that have been decided by the Canadian courts. The third attempts to impose some theoretical consistency on the Canadian jurisprudence in this field, 2 and to suggest the possible consequences of adherence to this line of development.
2016
Having promised that the 2015 national election would be the last conducted under the first-past-the-post ("FPTP") electoral system, the federal government has initiated efforts to find a replacement. 1 A national debate about the various alternatives to FPTP will undoubtedly continue, but a fundamental issue concerns whether Parliament faces any constraints on its authority to implement electoral reform. Two distinct concerns present themselves. First, does a change to the electoral system require a constitutional amendment, and if so, would such an amendment require provincial consent under the general amending procedure in Part V of the Constitution Act, 1982? 2 Second, would certain electoral systems violate the Canadian Charter of Rights and Freedoms?
The Origins of Canada's Electoral System and the Constitutional Considerations of Electoral Reform
Journal of Parliamentary and Political Law , 2020
This article describes the history of electoral systems in British North America from 1791 to present and outlines constitutional and statutory laws that underpin the system by which Canadians elect Members of Parliament. It then outlines what statutory and constitutional amendments would be required in order to make the switch from the current single-member plurality (SMP) electoral system to mixed-member proportional representation (MMPR), single-transfer vote (STV), or single-member majority through instant run-off balloting. The article will also examine the possible constitutional implications of the Senate Reference on electoral reform, as well as how switching to a proportional system, which would probably make minority parliaments and coalition governments more common, would affect the Crown’s authority over, and the constitutional conventions on, forming governments and dissolving parliaments. Since proportional representation (either through STV or MMPR) would make minority parliaments the norm, switching to a proportional electoral system would probably revive old 19th-century conventions on forming governments. It concludes that Parliament alone could certainly implement instant run-off voting and that Parliament could probably implement some forms of MMPR or STV unilaterally as well. However, a form of MMPR using the Canada-wide popular vote as the basis of assigning compensatory seats would certainly require a constitutional amendment under the General Amending Formula. Changing the timing of the decennial redistribution, or adding additional redistributions, would necessitate a constitutional amendment under the Section 44 Procedure.
The Politics of Voting: Reforming Canada's Electoral System
Emond Montgomery, 2007
"The Politics of Voting: Reforming Canada's Electoral System is a timely examination of Canada's voting system by one of Canada's leading authorities on electoral reform. In a clear, accessible style, Dennis Pilon presents the various issues, debates, and consequences surrounding how we vote, and what our options are. Drawing on historical and comparative perspectives (from countries such as New Zealand, Ireland, Israel, and Italy, as well as his intimate knowledge of the 2005 referendum in British Columbia), Pilon explains why our current system fails to provide Canadians with proper democratic representation, and examines the myths and political influences that have held back change. A must-read for anyone interested in or studying Canadian politics, this will be a welcome resource for study at many levels: Introductory Canadian Politics courses, upper-year undergraduate courses in elections and voting systems or provincial politics, as well as graduate level studies."
The 1993 Canadian federal election has renewed many past cries for electoral reform. The complete devastation of the previously strong Progressive Conservative party, as well as the predominance of the strictly regionalized parties (i.e., Bloc Quebecois and Reform); have left many repulsed by the inadequacies of the first-past-the-post (FPTP) system. Despite the quite obvious dissatisfaction, however, electoral reform has not been implemented, nor does such reform seem promising for the future. It seems, therefore, that there are those who think the present system best, and thus change unnecessary. This paper, will analyze the current electoral system, illuminating its many faults. It will advocate the implementation of Proportional Representation (PR) -the other major -system as well as deal with various criticisms levelled against it by FPTP supporters.
Roundtable: Electoral Systems and Reform - The Canadian Experience
Canadian Parliamentary Review, 2017
In this roundtable, Canadian Parliamentary review editor Will Stos interviews Dennis Pilon, Harold Jansen and Laura Stephenson about the history of voting systems reform and how that has or has not influences current discussions.
Valuing Canadians: The Options for Voting System Reform in Canada
2002
This paper was prepared for the Law Commission of Canada under the title "Valuing Canadians: the options for voting system reform in Canada." The views expressed are those of the author and do not necessarily reflect the views of the Commission. The accuracy of the information contained in the paper is the sole responsibility of the author. i Contents ¦ Overview ¦ Democracy in Canada 1 ¦ Canadian Values and Electoral Criteria 2 ¦ Establishing Relevant Electoral Criteria 3 ¦ Constitutional Developments 4 ¦ Examining Proposals for Reform: Research Methodology and Findings 5 ¦ Relevant Proposals for Change 6 ¦ Finding the Right Fit: Examining the Five Proposed Models 7 ¦ Conclusion Appendix A Appendix B Appendix C Appendix D Democracy in Canada Canada adopted a template for democracy in 1867 that included a system of electing representatives to govern the country. One hundred and thirty-five years later, for many citizens that voting system no longer fits with who we are as a people and the times we live in. Canada's voting system is now routinely criticized-by academic experts, media pundits, political parties and social activists alike-as substantively unfair and undemocratic. Assuming for a moment their collective complaints have merit, is there any real possibility of changing the system? 1 And even if changes are possible, how do you begin to design a new Canadian voting system? The voting system any democracy uses should be designed to reflect the values of its citizens. This is the starting point for any democratic reform. But in a country as diverse as Canada, are there values that Canadians actually agree upon? And if by some remarkable turn of events Canadians agreed on broad political values might we still part company over which voting system best serves those values? Recent failures at constitutional reform, over the last two decades, show how hard it is to reach consensus. Why bother to engage in a political debate over the immutable? Although the obstacles to electoral reform appear formidable, on closer examination, they are not insurmountable. The task with respect to electoral reform is different from the task of ordinary law making. With electoral reform, citizens are not asked to agree on substantive political principles or specific policy outcomes. They are simply asked to achieve a reasonable measure of concurrence on a process for making political decisions. Canadians who may Similarly, when the Royal Commission on Electoral Reform and Party Financing, the Lortie Commission 12 , surveyed Canadians in 1991, about half the respondents said they were "satisfied" with the first-past-the-post system. However, the respondent's answers depended on when in the interview the question was posed. Sometimes respondents were asked a series of detailed questions about the system first, and only then asked the general question "are you satisfied with the current system?" If this procedure was followed, Canadians were more likely to answer, "No, I am not satisfied with the current system." As the Lortie Commission researchers noted, if Canadians spent even a little time thinking about their voting system, they were more likely to express unhappiness with it. In this respect, the nature and firmness of Canadian's opinions on voting systems might change greatly once a focused public debate occurs-one in which the strengths and weakness of the current system were explored along with specific alternatives. Another route, besides poll taking, that might shed more useful light on the electoral criteria that are important to Canadians is to review Canadian laws, judicial decisions, reform proposals and commentaries on our current voting system for references to electoral criteria. 13 Our laws, and proposals to reform them, address our system in very specific and concrete terms. They do so by means that are relatively concise and easy to access. Laws, judicial pronouncements on our electoral system, and reform proposals indicate not only what values Canadians have, but how Parliament, the Courts, and interested parties balance and apply those values in specific contexts. 12 The Royal Commission on Electoral Reform and Party Financing was appointed in 1989. In January 1990, the commission placed advertisements in national newspapers inviting Canadians to submit their ideas pertaining to reform of the federal electoral system. Ultimately, the commission received over 900 briefs, from groups, political practitioners, and private citizens. The committee held public hearings across Canada in 27 cities, with a total of 523 groups or individuals appearing to present their views. Royal
CITIZENS' CHOICE OF AN ELECTORAL SYSTEM: THE DECISION OF THE BC CITIZENS' ASSEMBLY
2000
The paper examines the decision of the British Columbia Citizens' Assembly to recommend that STV be adopted for future elections to be held in that province. The study is based on the responses to multiple questionnaires that the members filled over the course of the one year long experiment in deliberative democracy. We analyze how the various electoral systems were ascertained over the course of the assembly and the criteria that were used for making these judgments. We show that the existing SMP system was rejected from the start and that the choice between MMP and STV (the two most serious reform options) hinged on the relative importance attached to voter choice and local representation.
Principles or Politics? The Debate Over Voting System Reform in Canada
Journal of Parliamentary and Political Law, 2024
This article explores the political motivations fueling episodes of voting system reform in Canada throughout its history, paying specific attention to how political parties have responded in different, sometimes rapidly changing contexts. The evidence decisively supports an interest-based explanation of party behaviour over alternatives that focus on the alleged influence of values or the functioning of different systems.