June 27, 2003

CPC Wins Historic Supreme Court Decision !

Statement by the Central Executive Committee, Communist Party of Canada

The Supreme Court of Canada today ruled that sections 24(2), 24(3) and 28(2) of the Canada Elections Act – the sections imposing a 50-candidate threshold for political parties to gain and maintain federal registered party status – violate Section 3 of the Charter of Rights and Freedoms, and have deemed these sections of the Act unconstitutional

The Court has ordered Parliament to change the legislation accordingly within the next 12 months.

In responding to the judgment, Communist Party leader Miguel Figueroa stated:

“This judgment marks the culmination of a 10-year struggle waged by our Party against some of the most anti-democratic sections of the Elections Act, sections which placed numerous administrative and financial obstacles which discriminated against smaller, grassroots political parties in this country.

“Our court action started in 1993, when our Party was de-registered for failing to field 50 candidates in the ’93 general election, and our assets were seized.

“Along the way, we have won many legal victories – the Ontario Superior Court struck down the clause requiring $1,000 deposits for candidates, 50% of which was non-refundable for smaller parties; the draconian measure which allowed for the seizure of party assets was declared unconstitutional; and the Ontario Court of Appeal lowered the threshold from 50 to 12 for allowing the party identifier to be placed next to a candidate’s name on the ballot.

“But at the core of these discriminatory clauses was the 50-candidate rule itself, and this is what the Supreme Court has finally ruled upon.

“We are, of course, elated with this decision. It stands as a vindication of the struggles our Party has waged over this past decade and, more importantly, as an affirmation of the rights of all smaller political parties in this country, and of the rights of all Canadian citizens to freely choose their political preference in elections.

“This is a significant victory for democracy, but it is only one battle among many which must be fought to defend and extend democratic rights in Canada. This ruling, in itself, will not create a ‘level playing field’ for political parties in the electoral process. The current ‘first-past-the-post’ system remains the main instrument by which the largest, most entrenched parties are able to maintain their virtual monopoly control of Parliament. That is why they steadfastly refuse to implement some type of proportional representation – a system infinitely more fair and equitable – even though PR is now has the support of a majority of Canadians.

“The big parties still receive millions upon millions of dollars from the public purse, and now under the new Party Financing Act (C-24), they will receive millions more in public funds, while the smaller, alternative parties will receive nothing!

“So this is a great day for justice and democracy in Canada, but there is a long way to go in winning a true fair, equitable and genuinely democratic electoral system in this country. The Communist Party is committed to that goal, and we will struggle, alongside all other democratic-minded Canadians, to achieve it.”

The complete decision in English (pdf)

The complete decision in French (pdf)

For more information, contact CPC Party leader Miguel Figueroa at 416-469-2446.

© 2003 Communist Party of Canada