TORONTO: The Canadian Constitution Foundation (CCF) has been granted intervener status in a case headed to the Court of Appeal of Ontario this fall. The case is a legal challenge to the constitutionality of Canada’s first-past-the-post (FPTP) voting system. The CCF will argue that the system is constitutional. The case will be heard by the Court of Appeal November 5-6.
The CCF also intervened in the lower court decision where the voting system was upheld. In that decision, Justice Morgan dismissed the legal challenge brought by two organizations, Springtide and Fair Voting BC. Justice Morgan emphasized that the question to be answered was not whether an alternative electoral system would improve democracy but whether the FPTP electoral system is unconstitutional. He concluded that it is not. Justice Morgan found that the FPTP system limited neither voting rights under section 3 of the Charter, nor equality rights under section 15(1).
The CCF will argue that the lower court decision was correct, and that the FPTP system does not violate the constitution. Indeed, provisions of the Constitution Act, 1867, establish Canada’s FPTP system by creating a system of constituency-based representation for the House of Commons where each electoral district is represented by a single Member of Parliament.
The CCF was among just six interveners who were granted leave in this case. A majority of the proposed interveners (seven) were denied leave.
“We are pleased to have been again granted intervener status in this case to assist the court in taking a broad perspective about Canada’s constitutional order, and consider the provisions of our constitution together,” said CCF Litigation Director, Christine Van Geyn.
“We are intervening in this case to advocate for the principles of constitutional harmony, and to argue for the presumption of constitutional continuity” Van Geyn added “The FPTP system has been with Canada since Confederation, and it was deeply integrated within Canada’s legal institutions at the time the Charter was adopted. It did not suddenly become unconstitutional because some activists have a preferred system.”
The CCF is represented by lawyers Asher Honickman and Kristopher Kinsinger.
“Canada’s system of FPTP voting cannot be ousted by the Charter through vague inference or implication,” Honickman said “Simply put, it remains constitutional because nothing in the Constitution’s text expressly says otherwise.”
Members of the public interested in supporting the work of the CCF can make a tax deductible charitable donation at theCCF.ca/donate/
Joanna Baron
Executive Director
Canadian Constitution Foundation
1-888-695-9105 x. 101
[email protected]
Asher Honickman
Jordan Honickman Barristers
416-238-7511
[email protected]
Kristopher Kinsinger
Jordan Honickman Barristers
519-658-3520
[email protected]