DOCSLIB.ORG

The Canadian Electoral System

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
The Canadian Electoral System The Canadian Electoral System Publication No. 2013-81-E 15 September 2008 Revised 22 October 2015 Dara Lithwick Sebastian Spano Legal and Social Affairs Division Parliamentary Information and Research Service Library of Parliament Background Papers provide in-depth studies of policy issues. They feature historical background, current information and references, and many anticipate the emergence of the issues they examine. They are prepared by the Parliamentary Information and Research Service, which carries out research for and provides information and analysis to parliamentarians and Senate and House of Commons committees and parliamentary associations in an objective, impartial manner. © Library of Parliament, Ottawa, Canada, 2015 The Canadian Electoral System (Background Paper) Publication No. 2013-81-E Ce document est également publié en français. CONTENTS 1 INTRODUCTION ....................................................................................................... 1 2 BACKGROUND ......................................................................................................... 1 3 THE CHIEF ELECTORAL OFFICER ........................................................................ 2 4 CALLING ELECTIONS .............................................................................................. 4 5 THE RIGHT TO VOTE .............................................................................................. 5 6 VOTER REGISTRATION .......................................................................................... 7 7 VOTER IDENTIFICATION ........................................................................................ 8 8 POLITICAL PARTIES ................................................................................................ 9 9 CAMPAIGN FINANCE ............................................................................................ 10 9.1 The 1974 Election Expenses Act ......................................................................... 11 9.2 2003: Limits on Contributions and Quarterly Allowances for Political Parties ............................................................ 11 9.3 2007: The Federal Accountability Act .................................................................. 12 9.4 2011: The Beginning of the End of the Per-vote Subsidy to Political Parties .............................................................. 13 9.5 2014: The Fair Elections Act ................................................................................ 13 10 CONSTITUENCIES AND REDISTRIBUTION ........................................................ 14 10.1 History .................................................................................................................. 15 10.2 The Electoral Boundaries Readjustment Act ....................................................... 15 11 ELECTORAL CANDIDACY ..................................................................................... 17 12 ADVERTISING AND BROADCASTING DURING AN ELECTION CAMPAIGN .................................................................................... 18 13 THE TREATMENT OF THIRD PARTIES ................................................................ 19 14 SELECTED ASPECTS OF CANADIAN ELECTION CAMPAIGNS .................................................................... 21 14.1 Media Coverage ................................................................................................... 21 LIBRARY OF PARLIAMENT i PUBLICATION NO. 2013-81-E 14.2 Voter Contact Calling Services ............................................................................ 21 14.3 Election Debates .................................................................................................. 22 14.4 Opinion Polls ........................................................................................................ 22 14.5 Elections and the Public Service .......................................................................... 22 14.6 Meetings and Rallies ............................................................................................ 22 14.7 Corrupt and Illegal Practices ................................................................................ 23 15 ELECTION DAY PROCEDURES ........................................................................... 24 15.1 Election Day and Advance Polls .......................................................................... 24 15.2 Compilation and Reporting of Election Results ................................................... 25 15.3 Challenges to Election Results ............................................................................ 26 16 CONCLUSION ........................................................................................................ 26 LIBRARY OF PARLIAMENT ii PUBLICATION NO. 2013-81-E ∗ THE CANADIAN ELECTORAL SYSTEM 1 INTRODUCTION This paper provides an overview of the nature and operation of the Canadian electoral system,1 with a focus on elections for the federal Parliament. In keeping with Canada’s federal system of government, each province has its own system for elections to its legislatures. The federal and provincial electoral processes are independent of each other. The main body of Canadian federal election law is contained in the Canada Elections Act, but many other statutes – including the Constitution Act, 1867, the Electoral Boundaries Readjustment Act, the Broadcasting Act, the Parliament of Canada Act, the Income Tax Act and the Criminal Code – also contain provisions regarding the Canadian electoral process. 2 BACKGROUND Canadian electoral law has grown in complexity and is constantly evolving. The current electoral system is the result of cumulative changes in both law and practice that have been taking place since the formation of Canada in 1867. In the early years after Confederation, the administration of elections was haphazard and highly politicized. The right to vote was severely limited: only white men could vote, and even then they had to satisfy certain property qualifications. Elections were held at different times across the country, and there was no such thing as a secret ballot. As the right to vote was extended and virtually all adult men and, later, women were enfranchised, the public became less tolerant of partisan excesses and frequent occurrences of electoral fraud and manipulation. Reform became necessary in order for the system to gain and retain legitimacy and public support. Since Confederation, in addition to the extension of the right to vote, the evolution of the Canadian electoral process has been shaped by two fundamental developments: first, the creation of a non-partisan electoral system governed by highly specific procedures overseen by an independent election agency; and, second, the regulation of political party campaigning, particularly campaign financing. The latter development is comparatively recent. Many of the changes in the electoral process have followed in-depth studies by government bodies. One study of particular significance was conducted by the Royal Commission on Electoral Reform and Party Financing (the “Lortie Commission”) in 1992. The Commission published a four-volume report recommending fundamental changes to the electoral system in a number of areas, including campaign financing. The Chief Electoral Officer also presents reports to Parliament on a regular basis, and these often include recommendations for legislative changes. The House of Commons Standing Committee on Procedure and House Affairs has conducted thorough reviews of the recommendations for electoral reform proposed by the Chief Electoral Officer after a number of general elections, including, most recently, LIBRARY OF PARLIAMENT 1 PUBLICATION NO. 2013-81-E THE CANADIAN ELECTORAL SYSTEM the 39th, 40th, and 41st general elections.2 The Committee’s studies of such recommendations have, at times, led to further refinements and improvements to the Canada Elections Act.3 In May 2000, Parliament enacted a new Canada Elections Act.4 Although this legislation represented the first full-scale overhaul of federal electoral law in almost 30 years, it did not radically change Canada’s federal electoral process so much as bring it up to date. In addition, the new Act was an attempt to respond to a number of electoral matters that had been the subject of court decisions in recent years. The Act has already been amended on several occasions, most notably in 2003, when new electoral finance provisions were introduced.5 In 2007, voter identification rules were enacted, further changes to campaign finance rules were made, and a fixed-date process was set for federal elections.6 In 2014, numerous amendments were made in relation to the office of the Chief Electoral Officer, the office of the Commissioner of Canada Elections, communications with electors, voter identification, campaign financing, and the prohibitions and enforcement provisions of the Act, among other matters.7 3 THE CHIEF ELECTORAL OFFICER As noted earlier, one of the most significant developments in the history of the Canadian political system is that the administration and organizing of elections have been progressively removed from partisan political control and intervention. The electoral system is now administered by impartial and independent election officials, although the laws continue to be passed by politicians. The Canadian public have well-ingrained expectations for the neutrality of election officials: they must not be seen
Load more

Recommended publications
  • Rebalanced and Revitalized: a Canada Strong
    Rebalanced and Revitalized A Canada Strong and Free Mike Harris & Preston Manning THE FRASER INSTITUTE 2006 Copyright ©2006 by The Fraser Institute. All rights reserved. No part of this book may be reproduced in any manner whatsoever without written permission except in the case of brief quotations embodied in critical articles and reviews. The authors have worked independently and opinions expressed by them are, therefore, their own, and do not necessarily reflect the opinions of the supporters or the trustees of The Fraser Institute. The opinions expressed in this document do not necessary represent those of the Montreal Economic Institute or the members of its board of directors. This publication in no way implies that the Montreal Economic Institute or the members of its board of directors are in favour of, or oppose the passage of, any bill. Series editor: Fred McMahon Director of Publication Production: Kristin McCahon Coordination of French publication: Martin Masse Design and typesetting: Lindsey Thomas Martin Cover design by Brian Creswick @ GoggleBox Editorial assistance provided by White Dog Creative Inc. Date of issue: June 2006 Printed and bound in Canada Library and Archives Canada Cataloguing in Publication Data Harris, Mike, 945- Rebalanced and revitalized : a Canada strong and free / Mike Harris & Preston Manning Co-published by Institut économique de Montréal. Includes bibliographical references. ISBN 0–88975–232–X . Canada--Politics and government--2006-. 2. Government information-- Canada. 3. Political participation--Canada. 4. Federal-provincial relations-- Canada. 5. Federal government--Canada. I. Manning, Preston, 942- II. Fraser Institute (Vancouver, B.C.) III. Institut économique de Montréal IV.
    [Show full text]
  • Print This Article
    Fixing What Ain’t Broke The New Norm of Fixed-Date Elections in Canada GRIFFYN G. CHEZENKO, Memorial University of Newfoundland Abstract. Since 2001, legislation implementing fixed dates for general elections has been passed by the federal government, and most provincial and territorial governments. The notion that general election dates are now fixed, however, is flawed. In my submission to Changing Political Landscapes, I will explore the fledgling norm of fixed date elections in Canada and examine the aspects of the legislation which call into doubt the fixedness of these elections. With a review of the literature on the subject, I begin by inquiring into the emergence of this foreign phenomenon into Canadian electoral politics and the justification for its extensive adoption. Comparing the legislation across jurisdictions, I analyze the basic construct of fixed date election legislation in Canada, survey similarities and differences, and discover how fixed dates for elections are ultimately avoidable. As a result, I find that election dates are not truly fixed in Canadian jurisdictions where fixed date election legislation has been enacted. Introduction Since the dawn of the 21st century, fixed dates for general elections in Canada have become a widely adopted norm. Bernard Lord, the former New Brunswick premier, once opined that folks “like to know when the elections are going to be” (as cited in Desserud, 2007: 204). This is a familiar concept to Canadian voters because we are inundated with information about what goes on with our southern neighbours. It is rather comforting, as Premier Lord knows, knowing when an election will be, and that there is nothing those rascally politicians can do about it.
    [Show full text]
  • In Crisis Or Decline? Selecting Women to Lead Provincial Parties in Government
    University of Calgary PRISM: University of Calgary's Digital Repository Arts Arts Research & Publications 2018-06 In Crisis or Decline? Selecting Women to Lead Provincial Parties in Government Thomas, Melanee Cambridge University Press Thomas, M. (2018). In Crisis or Decline? Selecting Women to Lead Provincial Parties in Government. Canadian Journal of Political Science/Revue canadienne de science politique, 51(2), 379-403. http://hdl.handle.net/1880/107552 journal article Unless otherwise indicated, this material is protected by copyright and has been made available with authorization from the copyright owner. You may use this material in any way that is permitted by the Copyright Act or through licensing that has been assigned to the document. For uses that are not allowable under copyright legislation or licensing, you are required to seek permission. Downloaded from PRISM: https://prism.ucalgary.ca In Crisis or Decline? Selecting Women to Lead Provincial Parties in Government By Melanee Thomas Associate Professor Department of Political Science University of Calgary 2500 University Drive NW Calgary, AB T2N 1N4 Abstract: The majority of Canada’s women premiers were selected to that office while their parties held government. This is uncommon, both in the comparative literature and amongst premiers who are men. What explains this gendered selection pattern to Canada’s provincial premiers’ offices? This paper explores the most common explanation found in the comparative literature for women’s emergence as leaders of electorally competitive parties and as chief political executives: women are more likely to be selected when that party is in crisis or decline. Using the population of women provincial premiers in Canada as case studies, evidence suggests 3 of 8 women premiers were selected to lead parties in government that were in crisis or decline; a fourth was selected to lead a small, left-leaning party as predicted by the literature.
    [Show full text]
  • Do the Homeless Have a Constitutional Right to Camp in Edmonton?
    Conacher v. Canada (Prime Minister): Taking the 2008 Federal Election to Court On September 8, 2009 the legality of the 2008 federal election will be debated in the Federal Court, one year and one day after Stephen Harper advised the Governor General to call an election. Duff Conacher and Democracy Watch, a “citizens advocacy” group, contend that the Prime Minister broke not only his own fixed-date election law (section 56.1 of the Canada Elections Act), but also the Canadian Charter of Rights and Freedoms.[1] The background to this case was outlined in an earlier article. In brief, Canadian law has left the decision to dissolve Parliament – that is, to call a general election – in the hands of the Governor General. In all but very rare circumstances, the Governor General is expected to follow the advice of a prime minister to dissolve Parliament. However, in 2006 Parliament passed Bill C-16, which added section 56.1 to the Canada Elections Act. This new section provided for elections at four-year intervals, beginning in October 2009, but also explicitly preserved the “power to dissolve Parliament at the Governor General’s discretion.”[2] Under the new provision, it was generally understood that when a government lost a confidence vote in the House of Commons, the Governor General would still follow advice and grant dissolution. However, it was a surprise to some, including Conacher, to learn in September 2008 that without any vote of confidence, the Prime Minister still could advise dissolution and the Governor General would grant it. Questions immediately arose about the legality and the propriety of Prime Minister Harper’s advice on September 7, 2008.
    [Show full text]
  • Confidence in Democracy and the Political System
    Confidence in Democracy and the Political System AN UPDATE ON TRENDS IN PUBLIC OPINION IN CANADA REPORT SEPTEMBER 11, 2019 Overview This report examines current levels of public support for level of trust in elections has been growing. Canadians are democracy, democratic institutions and the political system becoming more interested in politics, and fewer doubt in Canada and how these have evolved over the past whether governments are really that interested in what decade. While questions abound about the commitment people like them think. Finally, most Canadians have trust of publics and politicians to liberal democracy in other in one another. These trends do not undo longer-term ones, countries, public support in Canada generally has either several decades in the making, which have seen citizens remained stable or is improving. Large majorities are become less willing to defer to elites. But they do suggest satisfied with how democracy works in Canada and that, as the 2019 federal election campaign gets underway, maintain that democracy is better than any other form of Canadians can have considerable confidence in themselves government. Most trust elections, and in recent years the as a civic society. Confidence in Democracy and the Political System 2 Background Data Sources As the 2019 federal election campaign gets underway, This report features data from two sources: Canadians are readying themselves for a steady onslaught • The AmericasBarometer survey, including the 2019 of public opinion polls telling them which parties, leaders survey which was conducted in Canada by the Environics and platforms are gaining in popularity, and which are falling Institute, in English and French, using an established behind.
    [Show full text]
  • Interpreting the Charter with International Law: Pitfalls & Principles
    APPEAL VOLUME 19 n 105 Winner of the 2014 McCarthy Tétrault Law Journal Prize for Exceptional Writing ARTICLE INTERPRETING THE CHARTER WITH INTERNATIONAL LAW: PITFALLS & PRINCIPLES Benjamin Oliphant* CITED: (2014) 19 Appeal 105–129 INTRODUCTION While the use of international human rights law in Canadian courts is not an entirely novel phenomenon,1 there is little doubt that it has become more prevalent in the Supreme Court of Canada’s jurisprudence.2 Far from being treated “as some exotic branch of the law, to be avoided if at all possible,”3 the courts have come to embrace international law and human rights norms, notably in the course of defining the guarantees found in the Canadian Charter of Rights and Freedoms (the “Charter”).4 Indeed, more than simply being considered among various aids to interpretation, it is often said that the Charter must be presumed to provide at least as much protection as international human rights law and norms, particularly those binding treaties that served as its inspiration.5 However, as I aim to show below, the Court has so far used international human rights law inconsistently and imprecisely in the process of Charter interpretation, exhibiting * The author would like to thank the Appeal Editorial Board for their diligent work and helpful suggestions throughout the process, and Judith Oliphant for her editorial assistance and unwavering support. Special thanks are also owed to Professor Brian Langille, who has been a constant source of encouragement and with whom many of these ideas below were initially developed. 1 See e.g. R v Shindler, [1944] AJ No 11, 82 CCC 206; R v Brosig, [1944] 2 DLR 232, 83 CCC 199; and R v Kaehler and Stolski, [1945] 3 DLR 272, 83 CCC 353.
    [Show full text]
  • Aboriginal Electoral Participation in Canada
    Aboriginal Electoral Participation in Canada Patrick Fournier Université de Montréal and Peter John Loewen University of Toronto November 2011 Table of Contents Executive Summary ...................................................................................................................... 7 Introduction ................................................................................................................................... 9 1. Literature Review..................................................................................................................... 11 1.1 The Model ........................................................................................................................ 11 1.2 Findings on Aboriginal Turnout ...................................................................................... 15 2. Data and Methods .................................................................................................................... 19 3. Bivariate Analysis: The Determinants of Aboriginal Turnout ................................................ 21 3.1 2004 Federal Election ...................................................................................................... 21 3.2 2006 Federal Election ...................................................................................................... 23 3.3 2008 Federal Election ...................................................................................................... 24 3.4 2011 Federal Election .....................................................................................................
    [Show full text]
  • Voter Turnout in Saskatchewan
    VOTER TURNOUT IN SASKATCHEWAN: HOW IMPORTANT ARE CIVIC EDUCATION AND COMMUNITY PARTICIPATION? A Thesis Submitted to the College of Graduate Studies and Research in Partial Fulfillment of the Requirements for the Degree of Master of Arts in the Department of Political Studies University of Saskatchewan Saskatoon By Nicole Pogue © Copyright Nicole Pogue, August 2004. All rights reserved. PERMISSION TO USE In presenting this thesis in partial fulfillment of the requirements for a Graduate degree from the University of Saskatchewan, I agree that the Libraries of this University may make it freely available for inspection. I further agree that permission for copying of this thesis in any manner, in whole or in part, for scholarly purposes may be granted by the professor or professors who supervised my thesis work or, in their absence, by the Head of the Department of Political Studies or the Dean of the College of Graduate Studies and Research. It is understood that any copying or publication or use of this thesis or parts thereof for financial gain shall not be allowed without my written permission. It is also understood that due recognition shall be given to me and to the University of Saskatchewan in any scholarly use which may be made of any material in my thesis. Requests for permission to copy or to make other use of material in this thesis in whole or part should be addressed to: Head of the Department of Political Studies University of Saskatchewan 9 Campus Drive Saskatoon, Saskatchewan S7N 5A5 ii University of Saskatchewan College of Graduate Studies and Research Summary of Master’s Thesis Submitted in partial fulfillment of the requirements for the Degree of Master of Arts By Nicole Pogue Department of Political Studies University of Saskatchewan August 2004 Examining Committee: Dr.
    [Show full text]
  • Understanding the Increase in Voting Rates Between the 2011 and 2015 Federal Elections
    Catalogue no. 75-006-X ISSN 2291-0840 Insights on Canadian Society Understanding the increase in voting rates between the 2011 and 2015 federal elections by Sharanjit Uppal and Sébastien LaRochelle-Côté Release date: October 12, 2016 How to obtain more information For information about this product or the wide range of services and data available from Statistics Canada, visit our website, www.statcan.gc.ca. You can also contact us by email at [email protected] telephone, from Monday to Friday, 8:30 a.m. to 4:30 p.m., at the following toll-free numbers: • Statistical Information Service 1-800-263-1136 • National telecommunications device for the hearing impaired 1-800-363-7629 • Fax line 1-877-287-4369 Depository Services Program • Inquiries line 1-800-635-7943 • Fax line 1-800-565-7757 Standards of service to the public Standard table symbols Statistics Canada is committed to serving its clients in a prompt, The following symbols are used in Statistics Canada reliable and courteous manner. To this end, Statistics Canada has publications: developed standards of service that its employees observe. To . not available for any reference period obtain a copy of these service standards, please contact Statistics .. not available for a specific reference period Canada toll-free at 1-800-263-1136. The service standards are ... not applicable also published on www.statcan.gc.ca under “Contact us” > 0 true zero or a value rounded to zero “Standards of service to the public.” 0s value rounded to 0 (zero) where there is a meaningful distinction between true zero and the value that was rounded p preliminary Note of appreciation r revised Canada owes the success of its statistical system to a x suppressed to meet the confidentiality requirements long-standing partnership between Statistics Canada, the of the Statistics Act citizens of Canada, its businesses, governments and other E use with caution institutions.
    [Show full text]
  • Alienation and Nationalism 247
    Alienation and Nationalism 247 ALIENATION AND NATIONALISM: IS IT POSSIBLE TO INCREASE FIRST NATIONS VOTER TURNOUT IN ONTARIO? Jennifer Dalton 412A Osgoode Hall Law School York University 4700 Keele Street Toronto, Ontario Canada, M3J 1P3 [email protected] Abstract / Résumé This article assesses whether Aboriginal voter turnout in Ontario can be increased under a different electoral system. The ways in which the first- past-the-post electoral system affects voter turnout among Aboriginal peoples are assessed, including an historical examination of Aboriginal electoral politics in Canada and corresponding low levels of Aboriginal voter turnout. Newly-collected, cross-time comparative data are pre- sented on First Nations voter turnout in Ontario elections. The data are assessed within the context of Aboriginal alienation and nationalism, with the purpose of determining the role that each plays in affecting Aboriginal turnout. Finally, options for improving Aboriginal voter turn- out are evaluated. L’article évalue si la participation électorale des Autochtones en Ontario pourrait être accrue en adoptant un système électoral différent. L’auteur évalue les incidences du système majoritaire uninominal sur la participation électorale des Autochtones en procédant, entre autres, à un examen historique de la politique électorale des Autochtones au Canada et des faibles niveaux correspondants de participation des Autochtones. On présente des données comparatives temporelles, nouvellement recueillies, sur la participation électorale des Autochtones en Ontario. On évalue les données dans le contexte de l’aliénation et du nationalisme autochtones en vue de déterminer le rôle de chacun de ces facteurs dans la participation électorale des Autochtones. L’auteur évalue aussi les options d’amélioration de la participation électorale autochtone.
    [Show full text]
  • Indigenous Experiences with Online Voting
    Indigenous Experiences with Online Voting May 2021 FN DIGITAL DEMOCRACY REPORT 1 This report is reflective of community-engaged work with the folllowing partners: This report is supported in part by the following organizations: FN DIGITAL DEMOCRACY REPORT 2 Table of Contents Note to the Reader ........................................................................................................................................5 Executive Summary ......................................................................................................................................6 Introduction ......................................................................................................................................................9 Indigenous Elections and COVID-19 ................................................................................................... 11 Background on Indigenous Governance and Elections .............................................................12 First Nation Elections and Ratification Processes ........................................................................14 Definitions and Methodology .................................................................................................................15 Definitions ....................................................................................................................................................15 Indigenous .............................................................................................................................................15
    [Show full text]
  • The Supreme Court of Canada and the Judicial Role: an Historical Institutionalist Account
    THE SUPREME COURT OF CANADA AND THE JUDICIAL ROLE: AN HISTORICAL INSTITUTIONALIST ACCOUNT by EMMETT MACFARLANE A thesis submitted to the Department of Political Studies in conformity with the requirements for the degree of Doctor of Philosophy Queen’s University Kingston, Ontario, Canada November, 2009 Copyright © Emmett Macfarlane, 2009 i Abstract This dissertation describes and analyzes the work of the Supreme Court of Canada, emphasizing its internal environment and processes, while situating the institution in its broader governmental and societal context. In addition, it offers an assessment of the behavioural and rational choice models of judicial decision making, which tend to portray judges as primarily motivated by their ideologically-based policy preferences. The dissertation adopts a historical institutionalist approach to demonstrate that judicial decision making is far more complex than is depicted by the dominant approaches within the political science literature. Drawing extensively on 28 research interviews with current and former justices, former law clerks and other staff members, the analysis traces the development of the Court into a full-fledged policy-making institution, particularly under the Charter of Rights and Freedoms. This analysis presents new empirical evidence regarding not only the various stages of the Court’s decision-making process but the justices’ views on a host of considerations ranging from questions of collegiality (how the justices should work together) to their involvement in controversial and complex social policy matters and their relationship with the other branches of government. These insights are important because they increase our understanding of how the Court operates as one of the country’s more important policy-making institutions.
    [Show full text]