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Co-chair Co-chair Commissioners Table of Contents Preface Introduction from Commissioners . .1 Thank Yous and Acknowledgements . .2 How We Did our Work . .4 Chapter 1- Our Province. Our Democracy. Voices and Values – New Brunswickers and Democracy . .7 Renewing Democracy in New Brunswick – The Context for Reform . .10 Toward a Citizen-Centred Democracy in New Brunswick . .14 Chapter 2 - Summary of Recommendations Summary of Recommendations . .17 Chapter 3 - Making Your Vote Count A Mixed Member Proportional Electoral System for NB . .31 Implementing a New Proportional Representation Electoral System for New Brunswick . .47 Drawing Electoral Boundaries in New Brunswick . .50 A Fixed Election Date for New Brunswick . .56 Boosting Voter Turnout & Participation and Modernizing our Electoral Infrastructure . .60 Chapter 4- Making the System Work Enhancing the Role of MLAs and the Legislature . .67 Improving Party Democracy . .76 Opening up the Appointment Process for Agencies, Board and Commissions . .84 Chapter 5- Making Your Voice Heard Stronger Voices for Youth . .91 Stronger Voices for Women . .97 Stronger Voices for Aboriginal People . .101 A Referendum Act for New Brunswick . .103 Participatory Democracy and Citizen Engagement in New Brunswick . .108 Chapter 6 - Recommendation Appendices A. Policy Framework -- A Representation and Electoral Boundaries Act for New Brunswick . .117 A-1 Flowchart for a Representation and Electoral Boundaries Act Process . .123 B. Proposed Mandate – Elections New Brunswick . .125 C. Policy Framework – The Roles and Duties of an MLA and a Code of Conduct for Members of the Legislative Assembly of New Brunswick . .127 D. Policy Framework – MLA Constituency Resources . .129 E. Policy Framework – Review Committee for MLA Remuneration . .130 F. Policy Framework – Fixed Legislative Calendar Session . .132 F-1 Possible Legislative Assembly Calendar for 2006 with Committee Days and Prescribed Events . .134 G. Policy Framework – Transparency and Accountability Act . .140 H. Policy Framework – Improving Party Democracy . .141 I. Policy Framework – Appointments to Agencies, Boards and Commissions . .153 J. Policy Framework – A New Civics Education Program from Kindergarten to Grade12 . .165 K. Policy Framework – A Referendum Act for New Brunswick . .169 K-1 Flowchart for a Referendum Act Process . .178 Chapter 7- Background Appendices I. Mission, Mandate and Terms of Reference . .181 II. Example of a Regional Mixed Member Proportional (MMP) Electoral System in New Brunswick . .183 III. Comparison of the New Brunswick MMP Electoral System with SMP Electoral System . .186 IV. Comparison of Boundaries Legislation Across Canada . .187 V. Voter Participation – Ranked by Social Background . .189 VI. Comparison of MLA Salaries Across Canada . .190 VII. Comparison of MLA Resources Across Canada . .191 VIII. Survey of New Brunswick MLAs . .192 IX. Comparison of Limits on Election Spending Across Canada . .196 X. Comparison of Disclosure of Contribution Requirements Across Canada . .198 XI. Comparison of Limits on Contributions Across Canada . .199 XII. Comparison of Referendum Legislation Across Jurisdictions . .201 XIII. Other NB Electoral and Democratic Statistics . .203 XIV. Meetings Held . .208 XV. Partnerships . .212 XVI. Academic Research Program . .214 XVII. Website and E-consultation Program . .216 XVIII. Submissions . .217 XIX. Glossary . .219 Chapter 8 Selected Bibliography . .223 FINAL REPORT AND RECOMMENDATIONS Preface Introduction from Commissioners The adoption of our recommendations in their entirety would require many amendments to existing laws, creation of new The Commission on Legislative Democracy, with this report, legislation, further deliberations by elected officials, and concludes a year of exciting challenges, thorough research, perhaps even a referendum. Despite those challenges, we extensive consultation, and thoughtful analysis. feel strongly that our proposals, if taken together, give each Our mandate was broad, and our time was brief. Although other more strength. in this report we confidently and strongly recommend We therefore hope the government, and the people of New sweeping changes to our democratic system, we also want Brunswick, will consider our report as a complete package. to acknowledge that New Brunswick has grown and prospered well under our existing system of government, None of this large body of work would be possible without and we should be thankful to those who have been the the excellent service provided by the Commission’s staff, guardians of our government institutions, and served the headed by its Deputy Minister, David McLaughlin. New public over the last 220 years. Brunswickers are very fortunate to have such dedicated people working in the public’s service. Yet, while our province has achieved great things under the present system, we feel there is another level that New Our thanks are also extended to Dr. Bill Cross, our Director Brunswickers can reach if given the right tools, better of Research. information and more effective access to decision-making. His studies, combined with many submissions from The recommendations that follow are divided into three Canada’s best and brightest academics, give this report a broad categories: solid foundation of research that we are sure will become a valuable record for anyone studying the reform of In “Making Your Vote Count”, we take on the task of government and its institutions. examining our electoral system and suggesting ways to more deeply involve New Brunswickers, by developing a And, most of all, we Commissioners are grateful to New closer connection between the ballots they cast and the Brunswickers who - in groups and individually - took time to governments they elect. We recommend a move to a Mixed be with us and share their ideas with us at our consultation Member Proportional representation system, while meetings, over the Internet, by correspondence, and through continuing to honour New Brunswickers’ attachment to local their participation in our surveys. Their dedication to our MLAs who represent them directly. province enriches us all. We hope in our report, they will see themselves and their ideas. We were moved and In “Making the System Work”, we make recommendations enlightened by what they had to say. to raise the role of the Legislative Assembly and its members. We suggest changes to House rules and procedures, MLA responsibilities, committee work, services, and a rebalancing of the powers held by the legislative and executive branches of government. In “Making Your Voice Heard”, we propose ways to increase the participation and power of women and youth; broaden the public’s understanding of and participation in their local governance institutions; improve access to elected officials through new technologies; and participate in important decisions directly through referendums. 1 COMMISSION ON LEGISLATIVE DEMOCRACY Thank You’s and Peter Dobell, Founding Director of the Parliamentary Centre; Caroline Di Cocco, MPP, Sarnia-Lambton, Ontario; Geoffrey Acknowledgements Kelley, MNA for Jacques-Cartier, Québec; Ian McClelland, The Commission and its Deputy Minister would like to thank former MLA, Edmonton-Rutherford, Alberta; Andrew Parkin, sincerely and acknowledge publicly the many people formerly at CRIC; Dr. John Courtney, University of around New Brunswick and across Canada who Saskatchewan; Dr. Stewart Hyson, UNBSJ; Leslie Siedle, participated in our work and helped make this report formerly with Elections Canada; and David Moynaugh, possible. CCAF. We had many partners in our work and the Commission is The Commission would also like to thank several New grateful to each of them. We would like to thank Dr. Mary Brunswick MLAs who met with us or participated at various Lou Stirling, Rosella Melanson and staff at the New events. This includes: Hon. Brad Green, Hon. Keith Ashfield, Brunswick Advisory Council on the Status of Women; Ryan Hon. Bruce Fitch, Hon. Joan MacAlpine, Shawn Graham, Sullivan, Ivan Corbett and staff at the New Brunswick Elizabeth Weir, Trevor Holder, Cy LeBlanc, Kelly Lamrock, Advisory Council on Youth; Rebecca Low, Gina Bishop and Eric Allaby, Milt Sherwood, Jody Carr, Michael (Tanker) Denis Gaudet at the Centre for Research and Information on Malley, John Betts, Wally Stiles, and Michael Murphy. Canada and the Canadian Unity Council; Lisa Hrabluk at Dr. Keith Culver from the University of New Brunswick Next New Brunswick; Ghislaine Foulem at the Forum de provided welcome advice on the emerging possibilities of e- concertation des organismes acadiens; and Rick Hutchins at democracy and assisted in the development of our “Your Policylink NB. Turn” questionnaire. Two New Brunswick ICT firms, xwave The Commission is particularly indebted to its first-class and CGI, gave us advice, support, and services for our academic research team led by its Director of Research, Dr. online questionnaire and discussion forum. Bill Cross, Director of the Centre for Canadian Studies at We were very fortunate to have the support of universities Mount Allison University. Participating academics and and community colleges in the province in co-sponsoring researchers included: Dr. Chedly Belkhodja - Université de several of our events. Thank you to Mount Allison Moncton; Dr. Gail Campbell - University of New Brunswick; University’s Centre for Canadian Studies for hosting our first Dr. André Blais - Université de Montréal; Dr. Lisa Young - Academic Conference; the Faculty of Law at the University University of Calgary; Dr. Don Desserud - University of.
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