Wednesday, March 22, 2023
No Result
View All Result
  • Media
Support Us
Macdonald-Laurier Institute
  • Home
  • About
    • Who We Are
    • Who Makes MLI Work
    • Tenth Anniversary
    • Jobs
    • Women’s History Month Fundraiser
  • Experts
    • Experts Directory
    • In Memoriam
  • Issues
    • Domestic Policy Program
      • Agriculture and Agri-Food
      • Canada’s Political Tradition
      • Economic policy
      • Health Care
      • Innovation
      • Justice
      • Social issues
      • Telecoms
    • Energy Policy Program
      • Energy
      • Environment
    • Foreign Policy Program
      • Foreign Affairs
      • National Defence
      • National Security
    • Indigenous Affairs Program
  • Projects
    • COVID and after: A mandate for recovery
    • COVID Misery Index
      • Beyond Lockdown
    • Provincial COVID Misery Index
    • Centre for Advancing Canada’s Interests Abroad
      • Dragon at the Door
      • The Eavesdropping Dragon: Huawei
    • An Intellectual Property Strategy for Canada
    • Competition Policy in Canada
    • Speak for Ourselves
    • Canada and the Indo-Pacific Initiative
    • DisInfoWatch.org
    • The Transatlantic Program
    • Indigenous Prosperity at a Crossroads
      • Aboriginal Canada and Natural Resources
    • Talkin’ in the Free World with Mariam Memarsadeghi
    • Past Projects
      • Justice Report Card
      • Munk Senior Fellows
      • A Mandate for Canada
      • Confederation Series
      • Fiscal Reform
      • The Canadian Century project
      • Fixing Canadian health care
      • Internal trade
      • From a mandate for change
      • Size of government in Canada
  • Events
    • Upcoming Events
    • Past Events
      • MLI Dinners
      • Great Canadian Debates
  • Latest News
  • Libraries
    • Annual Reports
    • Inside Policy Magazine
      • Inside Policy Back Issues
      • Inside Policy Blog
    • Papers
    • Columns
    • Books
    • Commentary
    • Straight Talk
    • Video
    • Multimedia
    • Podcasts
    • Leading Economic Indicator
    • Labour Market Report
    • MLI in the Media
  • Home
  • About
    • Who We Are
    • Who Makes MLI Work
    • Tenth Anniversary
    • Jobs
    • Women’s History Month Fundraiser
  • Experts
    • Experts Directory
    • In Memoriam
  • Issues
    • Domestic Policy Program
      • Agriculture and Agri-Food
      • Canada’s Political Tradition
      • Economic policy
      • Health Care
      • Innovation
      • Justice
      • Social issues
      • Telecoms
    • Energy Policy Program
      • Energy
      • Environment
    • Foreign Policy Program
      • Foreign Affairs
      • National Defence
      • National Security
    • Indigenous Affairs Program
  • Projects
    • COVID and after: A mandate for recovery
    • COVID Misery Index
      • Beyond Lockdown
    • Provincial COVID Misery Index
    • Centre for Advancing Canada’s Interests Abroad
      • Dragon at the Door
      • The Eavesdropping Dragon: Huawei
    • An Intellectual Property Strategy for Canada
    • Competition Policy in Canada
    • Speak for Ourselves
    • Canada and the Indo-Pacific Initiative
    • DisInfoWatch.org
    • The Transatlantic Program
    • Indigenous Prosperity at a Crossroads
      • Aboriginal Canada and Natural Resources
    • Talkin’ in the Free World with Mariam Memarsadeghi
    • Past Projects
      • Justice Report Card
      • Munk Senior Fellows
      • A Mandate for Canada
      • Confederation Series
      • Fiscal Reform
      • The Canadian Century project
      • Fixing Canadian health care
      • Internal trade
      • From a mandate for change
      • Size of government in Canada
  • Events
    • Upcoming Events
    • Past Events
      • MLI Dinners
      • Great Canadian Debates
  • Latest News
  • Libraries
    • Annual Reports
    • Inside Policy Magazine
      • Inside Policy Back Issues
      • Inside Policy Blog
    • Papers
    • Columns
    • Books
    • Commentary
    • Straight Talk
    • Video
    • Multimedia
    • Podcasts
    • Leading Economic Indicator
    • Labour Market Report
    • MLI in the Media
No Result
View All Result
Macdonald-Laurier Institute

Why Canada’s top court should weigh in on electoral reform: Benjamin Perrin in the Globe

July 22, 2016
in Benjamin Perrin, Columns, Domestic Policy Program, In the Media, Justice, Latest News
Reading Time: 4 mins read
A A

Ben PerrinRelying on informal Q&A sessions is no sound method for determining fundamental changes to our electoral system, argues Benjamin Perrin in the Globe and Mail. The judiciary is our best institution for examining such an important issue, so let’s ask them.

by Benjamin Perrin, July 22, 2012

The House of Commons special committee on electoral reform has started hearings into alternatives to the first-past-the-post system that has been at the core of Canadian democracy since Confederation. No matter which model it ends up proposing, significant changes to how MPs are selected and, accordingly, how our federal government is formed must be referred to the Supreme Court of Canada and a referendum should be held.

Any major electoral reform proposal should first be referred to the top court to guarantee that it is within the exclusive jurisdiction of Parliament to adopt. Only this will ensure the legality of proposed changes.

When the former Conservative government wanted to reform how senators were selected, the Liberals were adamant that the court be consulted. In the 2014 reference case, the court ruled that consultative elections for senators triggered the general amending procedure in the Constitution, requiring approval of at least seven provinces representing at least 50 per cent of the population. This scuttled the government’s attempt to unilaterally adopt legislation to that effect.

If a constitutional challenge were then brought that found Parliament lacked the authority to change these rules on its own, it would create a constitutional crisis that could invalidate all of the laws and actions taken by such a government.

In a reference decision on electoral reform, the court would determine whether Parliament has the authority to change the rules by which MPs are chosen or whether provincial approval is required, and to what extent. There is some uncertainty as to whether Parliament has such power acting alone, which may vary depending on the electoral model chosen.

Imagine that Parliament were to adopt major electoral reform without consulting the court and an election were held under the new rules, resulting in a newly composed Parliament and government. If a constitutional challenge were then brought that found Parliament lacked the authority to change these rules on its own, it would create a constitutional crisis that could invalidate all of the laws and actions taken by such a government. Why would we risk such a disaster?

If ever there were a case for prudence, this is it. With clear questions, the court can provide clear answers on proposed electoral reform before it is adopted. The court has shown it can act expeditiously in such matters. The sooner a reference is made, the sooner we will receive a response.

While a court reference on electoral reform would ensure legal legitimacy, it does not provide political legitimacy. Changing the rules by which MPs are chosen is an extraordinary change to the foundation of our democratic system. It is not ordinary legislation. Nor did Prime Minister Justin Trudeau run on a specific electoral reform proposal, although he has expressed favour for one model that analysts say would benefit his party.

Informal community “dialogue” events and consulting Canadians on social media are incredibly poor substitutes

A referendum is the only way to ensure political legitimacy of any reform proposal. Canadians were rightly given a voice on major constitutional reform in 1992, rejecting the Charlottetown accord. It is beyond ironic that a project professing to enhance our democracy could be advanced unilaterally by a majority government elected with less than 50 per cent of the popular vote.

Holding a referendum on electoral reform would allow Canadians to say whether they want to change the system or not, and, if so, which model they prefer. Failing to do so would indelibly stain the Liberal government as opportunist for using its majority to entrench new rules that favour the party’s electoral outcomes for decades to come. The cynicism that would be bred by such a move would be palpable – hardly “sunny ways.”

Informal community “dialogue” events and consulting Canadians on social media are incredibly poor substitutes for a referendum conducted using a secret ballot, supervised and run by Elections Canada. The broad support that is required for major electoral reform can only be accurately and objectively gauged by a referendum. There’s no reasonable excuse for the Liberal government not to make it happen.

No matter which model of electing our MPs and forming our government is preferred, we need to get it right. Only a Supreme Court reference and subsequent national referendum will ensure that electoral reform has both the legal and political legitimacy that Canadians deserve for such a major change.

Benjamin Perrin is a law professor at the University of British Columbia and a senior fellow at the Macdonald-Laurier Institute for Public Policy.

Tags: Benjamin Perrinconstitutioncourtselectoral reform
Previous Post

Sean Speer and Ian Lee health care paper reported by Bill Curry in Globe column

Next Post

Munk Senior Fellows, CPP expansion highlighted in Vol. VII, No. 7 of the MLI newsletter

Related Posts

Putin and Xi to meet: Aurel Braun on CTV News
Video

Putin and Xi to meet: Aurel Braun on CTV News

March 21, 2023
Chinese Communist Party
Columns

Measuring the Canadian news media’s great awokening: David Rozado and Aaron Wudrick in the National Post

March 21, 2023
Should Canada get tough with China? Yes: Anastasia Lin in the Toronto Star
Columns

China’s insidious, longstanding effort to meddle in Canadian affairs: Christian Leuprecht in the National Post

March 21, 2023
Next Post
Nazareth in iPolitics: Weak temporary foreign worker program hurts the economy

Munk Senior Fellows, CPP expansion highlighted in Vol. VII, No. 7 of the MLI newsletter

Macdonald-Laurier Institute

323 Chapel Street, Suite #300
Ottawa, Ontario
K1N 7Z2 Canada

613.482.8327

info@macdonaldlaurier.ca
MLI directory

Follow us on

Newsletter Signup

Support Us

Support the Macdonald-Laurier Institute to help ensure that Canada is one of the best governed countries in the world. Click below to learn more or become a sponsor.

Support Us

Inside Policy Magazine

  • Current Issue
  • Back Issues
  • Advertising
  • Inside Policy Blog
  • Privacy Policy

© 2021 Macdonald-Laurier Institute. All Rights reserved.

No Result
View All Result
  • Home
  • About
    • Who We Are
    • Who Makes MLI Work
    • Tenth Anniversary
    • Jobs
    • Women’s History Month Fundraiser
  • Experts
    • Experts Directory
    • In Memoriam
  • Issues
    • Domestic Policy Program
      • Agriculture and Agri-Food
      • Canada’s Political Tradition
      • Economic policy
      • Health Care
      • Innovation
      • Justice
      • Social issues
      • Telecoms
    • Energy Policy Program
      • Energy
      • Environment
    • Foreign Policy Program
      • Foreign Affairs
      • National Defence
      • National Security
    • Indigenous Affairs Program
  • Projects
    • COVID and after: A mandate for recovery
    • COVID Misery Index
      • Beyond Lockdown
    • Provincial COVID Misery Index
    • Centre for Advancing Canada’s Interests Abroad
      • Dragon at the Door
      • The Eavesdropping Dragon: Huawei
    • An Intellectual Property Strategy for Canada
    • Competition Policy in Canada
    • Speak for Ourselves
    • Canada and the Indo-Pacific Initiative
    • DisInfoWatch.org
    • The Transatlantic Program
    • Indigenous Prosperity at a Crossroads
      • Aboriginal Canada and Natural Resources
    • Talkin’ in the Free World with Mariam Memarsadeghi
    • Past Projects
      • Justice Report Card
      • Munk Senior Fellows
      • A Mandate for Canada
      • Confederation Series
      • Fiscal Reform
      • The Canadian Century project
      • Fixing Canadian health care
      • Internal trade
      • From a mandate for change
      • Size of government in Canada
  • Events
    • Upcoming Events
    • Past Events
      • MLI Dinners
      • Great Canadian Debates
  • Latest News
  • Libraries
    • Annual Reports
    • Inside Policy Magazine
      • Inside Policy Back Issues
      • Inside Policy Blog
    • Papers
    • Columns
    • Books
    • Commentary
    • Straight Talk
    • Video
    • Multimedia
    • Podcasts
    • Leading Economic Indicator
    • Labour Market Report
    • MLI in the Media

© 2021 Macdonald-Laurier Institute. All Rights reserved.