Elections Act Challenge Heard in Court

PV Ontario Bureau
February, 1998

Toronto - The Communist Party's constitutional challenge to important sections of the Canada Elections Act ended Jan.9, after four days of legal arguments.

Madame Justice Anne Molloy, who last May had granted the Party's request for ballot identification in the June federal election (a decision subsequently overturned in Appeal Court), continued to preside over the case. She is expected to issue a ruling in March.

Leaving the courtroom on the final day, a smiling Communist Party Leader Miguel Figueroa said, "I think we have a very strong case, and I think we're going to win."
"There's a good possibility that justice Molloy will be persuaded on at least the most essential two or three key points of our case. I think there's a good chance we'll win on the 50 (candidates in a general election requirement), on the name identifier (on the ballot), and on the seizure of assets. And hopefully we'll also win something with respect to the non- refundable part of the candidates' deposit," he said.

The Elections Act requires a registered party to put up at least $50,000 in deposits at each general election. "This discriminates against poor people, impoverished people, working class people," said Figueroa. "We made a very strong case that this is yet another holdover of reactionary, even medieval legislation which only a few years ago restricted the political process to those who owned property, to those that had title."

He went on to say that "In (Justice Molloy's) comments and her queries to both our Counsel and the Crown Counsel it was pretty clear that she sees no justification for the 50 candidate threshold with respect to the registration of parties, and particularly with respect to the (party's) name identifier on the ballot.... And I think there's a good chance she will strike down the non-refundable aspect of the $1,000 deposit, which is $500 unless you get 15% or more of the popular vote."

Meanwhile, a new Private Member's bill to repeal Section 31, 11-15, and reduce the 50-candidate requirement to 12, has been introduced in the House of Commons by BC Reform, MP Ted White.

Speaking to the media, Figueroa noted that the Bill is similar to one sponsored by ex-Liberal MP Anna Terrana two years ago. "We now have Bills prepared by members of both the government party and the Official Opposition. The BQ opposed the legislation when it was initially being debated. We've had letters from NDP MP's expressing their opposition. Isn't it time now for the government to rid the Elections Act of sections that infringe on democratic rights and freedoms?"

Figueroa called on the labour and democratic movements and on those parties without representatives in Parliament to press MPs of all parties to support White's bill.

Dividing bar graphic
HOME • ABOUT • PRIVACY • LEGAL • JOIN