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TORONTO: The Canadian Constitution Foundation (CCF) is appearing on November 5 and 6 as an intervener in a case challenging the constitutionality of Canada’s first-past-the-post voting system. The CCF will be arguing that the system is constitutional. You can read the CCF’s intervener factum here.

First-past-the-post voting (FPTP) is Canada’s electoral system, inherited from Great Britain. Under this system, winning candidate does not need to win a majority, they just need to receive more votes than anyone else. Two organizations – Springtide and Fair Voting BC – have brought a constitutional challenge to the system. They argue that the FPTP system violates the Charter guaranteed right to vote and the right to equality because citizens do not have equal voting power: votes for a losing candidate are “wasted”. These advocacy groups also argue that FPTP discriminates against women and minorities by contributing to their underrepresentation.

The CCF will be arguing that the system does not violate the constitution. “The FPTP system is an entrenched feature of Canada’s constitution and is therefore not subject to Charter scrutiny, and alternatively, is entitled to a strong presumption of continuity.” said CCF Litigation Director Christine Van Geyn.

“In any voting system, some people or parties will win, and some will lose. Some activists who have lost in the current system are now trying to advance the political change they desire through the courts. But the answer to a desire for political change is not to demand a restructuring of Canada’s voting system based on false claims that the system we’ve had since confederation is suddenly unconstitutional. The solution is to advance better candidates or ideas,” continued Van Geyn.

The CCF is represented by lawyers Asher Honickman and Kris Kinsinger.  

Members of the public interested in supporting the work of the CCF can make a tax deductible charitable donation at theCCF.ca/donate/