By Canadian Constitution Foundation —— Bio and Archives--August 2, 2023
TORONTO: The Canadian Constitution Foundation (CCF) has been granted intervenor status in a case heading to Ontario Superior Court this fall by a group of organizations challenging the constitutionality of the first-past-the-post (FPTP) voting system. The case is Fair Voting and Springtide v Attorney General of Canada, and the CCF will be arguing that the FPTP system is constitutional.
“This challenge is being brought by advocacy groups attempting to use the courts to achieve what the legislature has declined to do,” said CCF Litigation Director Christine Van Geyn. “There is nothing in either the Charter or the Constitution Act, 1867, that suggests either directly or indirectly that the first-past-the-post system is unconstitutional. The voting right provisions of the Charter are neutral as to form for voting, and a system of constituency-based representation and a House of Commons is referred to in multiple sections of the Constitution Act, 1867. This is the voting system Canada has had since confederation, and it is absurd to suggest it is now somehow now unconstitutional.”
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