A HISTORY of the VOTE in CANADA for Information, Please Contact

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A HISTORY of the VOTE in CANADA for Information, Please Contact Third edition A HISTORY OF THE VOTE IN CANADA For information, please contact: Public Enquiries Unit Elections Canada 30 Victoria Street Gatineau, Quebec K1A 0M6 Tel.: 1-800-463-6868 Fax: 1-888-524-1444 (toll-free) TTY: 1-800-361-8935 elections.ca ISBN: 978-0-660-37056-9 Cat. No.: SE3-36/2021E-PDF © Chief Electoral Officer of Canada, 2021 All rights reserved Printed and bound in Canada EC 91135 (12/2020) Cover design: Elections Canada. Images and credits appear throughout the book. TABLE OF CONTENTS 7 PREFACE 11 INTRODUCTION CHAPTER 1 CHAPTER 2 17 BRITISH NORTH AMERICA, 1758–1866 57 UNEVEN PROGRESS, 1867–1919 20 Legislative Assemblies and Responsible Government 58 A Federal or a Provincial Matter? 22 The Great Britain of George III 61 Questionable Election Practices 25 Nova Scotia: Cradle of Canadian Parliamentary 66 The Electoral Mosaic, 1867–1885 Government 70 Macdonald Centralizes the Franchise Prince Edward Island: A “Landless” Colony 28 74 Laurier Decentralizes the Franchise Cape Breton: A Colony Without Voters 31 78 Boundary Redistribution New Brunswick: A Fragmented Colony 32 79 Borden’s Strategic Measures Lower Canada: A British Colony Unlike the Others 35 83 Women and the Vote 40 Upper Canada: The Era of the Family Compact 43 A Right in Jeopardy 47 The Province of Canada: Changing Rules Reflect Instability 51 British Columbia: The Importance of Being British 54 Voters and Confederation CHAPTER 3 CHAPTER 4 93 MODERNIZATION, 1920–1981 125 ADVANCING FAIRNESS, TRANSPARENCY 98 The Dominion Elections Act of 1920 AND INTEGRITY, 1982–2020 99 Voters Lists 126 The Canadian Charter of Rights and Freedoms Access to the Vote 103 130 The Right to Vote 104 The Second World War and Its Aftermath 134 The Rights of Candidates and Political Parties 105 Racial Exclusions 135 Freedom of Expression 108 Religious Exclusions 137 The Vote and the Voting Process Indigenous Peoples and the Franchise 110 137 Accessibility of the Vote Accessibility and the Electoral Process 113 141 Advance Voting and Special Ballots 114 Consolidation and Review, 1961–1981 143 Fixed-Date Elections 115 Regulation of Political Parties, Candidates 146 The National Register of Electors and Campaign Finance 148 Identification Requirements 116 Recognition of Political Parties in Law 151 Integrity of the Voting Process 116 Regulation of Election Spending 155 Boundary Redistribution 120 Boundary Redistribution 161 Extending the Regulation of Political Financing 121 Advance Voting Campaign and Electoral Financing 122 Voter Notification 161 Third-Party Spending 123 Opening Up the Process 167 170 Electoral Programs and Services 170 Administration of Elections 171 Enforcement of Legislation 172 Technology and the Electoral Process 174 Protection of Electors’ Personal Information 175 Outreach to Canadians 176 Collaboration with Canadian and International Partners 179 CONCLUSION 183 SOURCES 187 INDEX PREFACE Canada has always been an electoral democracy. As a The adoption in 1982 of the Canadian Charter of Rights nation, we haven’t had to fight for the right to vote. There and Freedoms guaranteed universal suffrage and led to has never been any revolutionary bloodshed nor a Berlin the lifting of all remaining restrictions, except the one Wall to tear down. Yet, electoral democracy as we know imposed on the Chief Electoral Officer. and understand it today is very different from what it was 150 or even 50 years ago. Things we take for granted— For the right to vote to be meaningful, however, voters must both in the sense that, for us, they are necessary features be able to exercise that right no matter where they live and of democracy and in the sense that we expect them to no matter what their physical or intellectual abilities; their unfold as a matter of course—were not always so. race, religion or gender; or their economic circumstances. Voters must also be able to trust that elections are As related in A History of the Vote in Canada, the story conducted in a way that is fair and transparent. of our electoral democracy is one of struggle and reform that takes place over more than 250 years, starting from That means the history of the vote in Canada is about not the early days of European colonization. Universal adult only the extension of the franchise, but also the evolution suffrage came about step by step, with many bumps in of electoral administration in line with changing social the road along the way. values. Over the years, various measures have been taken to ensure that voting is accessible, convenient and secure; In the early years of Confederation, many people were that the identity of those involved in an election is known; denied the vote because they did not meet certain and that there is a level playing field when it comes to qualifications for owning property or because of their political financing. gender, race or religion. In 1918, restrictions based on gender were eliminated. Property qualifications were In 1920, Parliament created an independent and non-partisan abolished in 1920. Between the end of the Second World office to administer federal elections by appointing War in 1945 and the early 1960s, racial and religious Canada’s first Chief Electoral Officer. In doing so, Canada barriers were lifted, as were restrictions on voting for was a global pioneer—the agency was one of the first of Inuit and First Nations peoples. In 1970, the voting age its kind in the world. This office would eventually become was lowered from 21 years to 18. Elections Canada. Preface 7 When it was created, the office consisted of just four Elections Canada must also be prepared to deal with people: the Chief Electoral Officer (CEO), an assistant unexpected events and difficult circumstances. At the time and two stenographers. Canada had roughly 4.5 million of writing, the world is dealing with COVID-19. Although electors at the time. There were no federal voting lists. the full implications of this pandemic remain unclear, it Returning officers were appointed by the government would obviously have an impact on the conduct of a federal of the day. Polling stations could be situated anywhere, election. The agency has developed plans on how an even in someone’s living room. election could be delivered in the context of the pandemic. Today, Elections Canada is a modern organization that Other challenges have threatened the integrity of the employs over 700 people. It maintains the permanent administration of federal elections. These relate to evolving National Register of Electors. Canada has some 27 million communications technology, the impacts of social media electors who are served through over 20,000 polling and the protection of electors’ personal information. locations and by some 230,000 election officers across the country during an election. Returning officers are To better understand the challenges involved in the appointed by the Chief Electoral Officer and must meet administration of elections, Elections Canada consults with certain qualifications. In addition to administering elections Canadians. One way we do this is by fostering discussion and political financing rules, Elections Canada provides among experts and key stakeholders, including political voter information, carries out research, conducts education parties and organizations representing various categories programs for students and offers outreach to electors. Most of electors. The process also helps us assess the importantly, 100 years after its founding, everything it does administration of each election and report to Parliament continues to be guided by the principles of independence with recommendations that could lead to better and non-partisanship. administration of the Canada Elections Act. Yet, despite the progress that has been made over Our electoral history is one of progressive change. It is the years, real barriers to voting remain. The Canadian built on the successes of the past and continual adaption population is incredibly diverse, with people of many to the changing circumstances, values and expectations of different languages, cultures, religions, abilities and Canadians. Our democracy owes much of its stability and economic circumstances. Elections Canada endeavours broad social acceptance to a deep sense of continuity. to keep this diversity in mind when communicating with Canadians about taking part in the electoral process. In celebrating Election Canada’s 100th anniversary, we commemorate the work of those who came before us and In recent years, the administration of elections has faced our proud heritage. I have the honour of being Canada’s threats from outside actors through disinformation and Chief Electoral Officer at this time in our institution’s cyberattacks. To respond to these threats, Elections Canada history, and I am thankful to those who have served in collaborates with federal security agencies as well as with this role before me. With the support of former CEOs its Canadian and international counterparts. Jean-Marc Hamel, Jean-Pierre Kingsley and my immediate 8 A History of the Vote in Canada predecessor, Marc Mayrand, we are marking this milestone by revising and updating A History of the Vote in Canada. First published in 1997 by Jean-Pierre Kingsley for the agency’s 75th anniversary, with a second edition in 2007, this publication chronicles the origins of our electoral process and the reforms that saw the gradual expansion of the franchise. It also looks at the evolution of the ways in which Elections Canada regulates political financing and administers elections. I would like to acknowledge all those who worked on the first two editions of this book. My special thanks go to those who were involved in putting together this revised and updated third edition. In addition to the many staff members at Elections Canada who worked on this project, I would like to recognize the contribution of P. E. Bryden, Historian, University of Victoria; Louis Massicotte, Political Scientist, Université Laval; Alain Pelletier, Expert in electoral policy; James Robertson, Expert in parliamentary procedure and law; and Michael Dewing, Freelance Writer.
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