Bill C-50: "(Un)Fair Elections Act"

Bill C-50: "(Un)Fair Elections Act"

Postby Oscar » Sat Dec 13, 2014 7:19 pm

Harper seeking new voter suppression powers

[ http://canadians.org/blog/harper-seekin ... ion-powers ]

December 11, 2014 - 4:22 pm

Is voter suppression becoming the new normal in Canada? Unfortunately, it looks like the short answer is yes.

The Harper government took the opportunity on Wednesday to commemorate International Human Rights Day by introducing new legislation [ http://www.democraticreform.gc.ca/eng/c ... voting-act ] that could make it much more difficult for Canadian citizens living abroad to exercise their right to vote. [ http://www.cbc.ca/news/politics/oversea ... -1.2868858 ]

Just like the so-called “Fair” Elections Act, this legislation could be unconstitutional. [ http://canadians.org/election ]

“CITIZEN VOTING ACT” AN ABUSE OF POWER

Bill C-50, the so-called Citizen Voting Act (or more accurately: the Preventing More Citizens from Voting Act) is a transparent attempt by Harper’s Conservative government to suppress the votes for other parties. Again. [ http://www.democraticreform.gc.ca/eng/c ... voting-act ]

The bill has the potential to prevent Canadians living abroad from exercising their democratic right to vote in free and fair elections. Canadian expats happen to be more likely to vote for parties other than the Conservatives, [ http://www.huffingtonpost.ca/2014/12/10 ... 04562.html ] but disliking how someone votes doesn’t mean a government can take away their right to do so.

A ruling earlier this year from Ontario Superior Court Justice Michael Penny ended the voting ban for 1.4 million Canadians who had lived abroad for more than five years, striking down the existing law as unconstitutional. [ http://www.cp24.com/news/long-term-expa ... -1.1805938 ] The Harper government’s request for a stay of the decision was denied. [ http://www.cbc.ca/news/politics/expat-v ... -1.2685041 ]

According to the Canadian Press, [ http://www.cp24.com/news/long-term-expa ... -1.1805938 ] “The government, the judge found, had decided some citizens are “not worthy” to vote despite their constitutional right to do so… “This is not the lawmakers’ decision to make -- the Charter makes this decision for us,” Penny wrote… Citizenship, he noted, is a fundamental requirement for voting, not residency.”

Bill C-50 is a blatant abuse of power. The current government is trying to legislate its way around a court decision it doesn’t like to further stack the deck in its favour for the next election. Rather than accept a court ruling that restores voting rights, the government has decided to change the law in a way that infringes voting rights.

IS BILL C-50 UNCONSTITUTIONAL?

This Voter Suppression 2.0 Act extends key voter suppression provisions of the “Fair” Elections Act to Canadians living abroad.

This bill will arguably infringe the constitutional voting rights of Canadians abroad by making it more difficult for them to vote than for people currently residing in Canada. It’s an attempt to claw back the voting rights expats just won back in court.

The new law, which you can read here, [ http://www.parl.gc.ca/HousePublications ... 490&File=4 ] would prevent expats from being attested for by people residing in Canada who have had their own residence here attested for.

Take a moment to think of the implications for students studying abroad who need to rely attestations from student friends in shared accommodation, who themselves had to be attested for because their name wasn’t on the utility bill - one of the few types of accepted ID with an address on it.

The government is also trying to justify the bill [ http://www.democraticreform.gc.ca/eng/c ... voting-act ] by saying it will extend the “Fair” Elections Act’s “voter identification rules to all Canadians.” They fail to mention that we’re challenging those same rules in court as unconstitutional. [ http://canadians.org/election ]

Minister Poilievre is trying to argue [ http://www.democraticreform.gc.ca/eng/c ... voting-act ] that 87% of Canadians support the type of identification requirements in Bill C-50, based on an Ipsos Reid poll about the “Fair” Elections Act earlier this year. [ http://www.ctvnews.ca/politics/what-fai ... -1.1791821 ] However, the poll we commissioned found that 61% actually opposed those provisions, once people were made aware of the fact that the changes “could suppress the votes of over 100,000 people who lack the necessary identification.” [ http://canadians.org/sites/default/file ... 7-2014.pdf ]

WHAT CAN WE DO?

1. Contact your MP and call on them to oppose this latest attempt at voter suppression.
[ http://www.parl.gc.ca/Parliamentarians/en/members ]

2. Support the charter challenge to overturn this kind of voter suppression in the “Fair” Elections Act.
[ https://donate.canadians.org/fair-elections-act ]

Dylan Penner
Democracy campaigner for the Council of Canadians.
BLOG: http://canadians.org/blog/155/feed

- - - - -

RELATED ARTICLES:

■Ottawa fights court ruling giving expats a vote
[ http://www.cbc.ca/news/politics/ottawa- ... -1.2681395 ]

■Expat voters launch legal challenge of '5-year rule'
[ http://www.cbc.ca/news/politics/expat-v ... -1.1277292 ]

■Voting rights restored to Canadians living abroad long-term
[ http://www.cbc.ca/news/politics/voting- ... -1.2631760 ]
Oscar
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Re: Bill C-50:“CITIZEN VOTING ACT” AN ABUSE OF POWER

Postby Oscar » Mon Mar 16, 2015 10:38 am

Upcoming election: Injunction filed against key sections of the "Fair" Elections Act

[ http://www.canadians.org/media/upcoming ... ctions-act ]

Media Release March 16, 2015

Ottawa —The Canadian Federation of Students, the Council of Canadians, and three voters have applied for an injunction to suspend key provisions of the "Fair Elections Act" for the upcoming federal election. [ http://canadians.org/sites/default/file ... -03-15.pdf ]

The applicants argue that the elimination of both the voter information card as acceptable proof of identity or residence; and the practice of vouching, breaches S. 3 of the Canadian Charter of Rights which guarantees Canadians the right to vote.

"Youth and students are particularly targeted by these restrictive voter ID policies," said Jessica McCormick, National Chairperson of the Canadian Federation of Students. "This injunction could defend the rights of all Canadians to participate in fully in this year's election."

"Canadians should know that this law makes it harder for many people to vote and will disenfranchise thousands of voters. If the provisions we are challenging aren't struck down, the validity of the next election could be in question," said Garry Neil, Executive Director of the Council of Canadians.

As noted in the motion, an injunction would make it possible "for thousands of qualified voters, who will not be able to vote if the Impugned Provisions remain in effect, to obtain a ballot and to vote."

The applicants note the impacts that the legislation could have on the next election: "If the Impugned Provisions remain in effect for the next General Election, and the Applicants subsequently succeed in establishing that qualified electors were unlawfully denied their right to vote, public confidence in the results of the election itself will be undermined, particularly if the number of disenfranchised electors in particular ridings is greater than the margin of victory for the winning candidate."

"The failure of the Government to adhere to conventional norms in enacting the FEA [Fair Elections Act] by conducting no meaningful consultation with the Chief Electoral Officer weakens the presumption that the FEA is in the public interest," the applicants argue in the motion. "That failure is all the more important given the core importance of the CEA [Canada Elections Act], the fundamental constitutional right it gives expression to, and the opportunity for such reforms to convey partisan political advantage."

If the applicants' motion succeeds, key provisions of the legislation would not be in effect in the upcoming election pending a full hearing by the court on the merits of the case.

The Court will hold a scheduling hearing this week to determine when the injunction motion will be heard. -30-

For more information:

Sujata Dey, Council of Canadians 613-796-7724, sdey@canadians.org
Sarah McCue, Canadian Federation of Students, 613-232-7394, s.mccue@cfs-fcee.ca

- - - -

BACKGROUND

The applicants initially filed the charter challenge application on October 9, 2014, and subsequent evidence on February 23, 2015, challenging key sections of the so-called "Fair" Elections Act under sections 1, 3, 15(1) and 24(1) of the Canadian Charter of Rights and Freedoms, as well as section 52 of the Constitution.

The applicants have filed over 2,000 pages of powerful evidence with the Ontario Superior Court demonstrating the dangerous effects of the "Fair" Elections Act on Canadian democracy.

Further information is available at [ http://www.canadians.org/charter-challenge ]

Sujata Dey

Media Officer / Agente de relations avec les médias
The Council of Canadians / Le Conseil des Canadiens
300-251 rue Bank Street Ottawa, Ontario K2P1X3
1-800-387-7177 ext. 226 | Cell: 613 796-7724 | sdey@canadians.org
Twitter: @sujata_dey | http://www.canadians.org
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Re: Bill C-50: "(Un)Fair Elections Act"

Postby Oscar » Sat Jul 18, 2015 8:28 am

Injunction hearing this week could suspend key provisions in "Fair" Elections Act

[ http://canadians.org/media/injunction-h ... ctions-act ]

- - -

BACKGROUND: [ http://canadians.org/charter-challenge ]

- - - -

MEDIA ADVISORY: June 29, 2015

OTTAWA - On July 2 and 3, the Ontario Superior Court will hear arguments in a case that could have a defining impact on the federal election this fall. The Council of Canadians, the Canadian Federation of Students, and three voters are seeking an injunction to suspend key provisions of the Harper government’s so-called Fair Elections Act.

“There is nothing fair about this Act,” said Maude Barlow, national chairperson of the Council of Canadians. “This voter suppression legislation will deprive tens of thousands of eligible voters of their right to vote, with a disproportionate impact on youth, seniors, Indigenous people, new Canadians, the homeless, and people with disabilities. As long as this legislation remains in place our elections will be anything but fair.”

The application targets central provisions of the act that apply restrictions to what identification people can use to vote. If the court rules in the applicants’ favour, voter identification restrictions would be set aside for the next election until a full legal challenge can be heard.

Contrary to the Canadian Charter of Rights and Freedoms, which gives every citizen the right to vote, the Fair Elections Act makes voting unnecessarily difficult.

Garry Neil, Executive Director of the Council of Canadians, said: “In the 2011 federal election, fewer than 7,000 votes made the difference between a majority and minority government. If the new rules are not set aside, the very legitimacy of the 2015 election will be at risk.”

The factum as served can be read here:
[ http://canadians.org/sites/default/file ... d-0615.pdf ]


Ontario Superior Court
393 University Avenue
July 2 & 3, 9:30 am
Look for posted information regarding room details.

- 30-


Leila Marshy
Media Officer / Agente de relations avec les médias
The Council of Canadians / Le Conseil des Canadiens
300-251 rue Bank Street Ottawa, Ontario K2P1X3
1-800-387-7177 x 232 | +1 613 233-2773 x 232 | Cell: +1 613 618-4761 |
mailto:sdey@canadians.org
Twitter: @CouncilofCDNS @haikuboxer| http://www.canadians.org
Oscar
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Re: Bill C-50: "(Un)Fair Elections Act"

Postby Oscar » Sat Jul 18, 2015 8:37 am

Democracy has its day in court - July 3, 2015

[ http://canadians.org/blog/democracy-has-its-day-court ]

“This case is about the right to vote – the cornerstone of democracy.” With these words, lawyer Steven Shrybman opened day one of hearings against the Harper Conservatives’ “Fair” Elections Act.

++++++++++++++


Government case for "Fair" Elections Act unconvincing, says Council of Canadians - July 3, 2015

[ http://canadians.org/media/government-c ... -canadians ]

TORONTO – Following a day of strong evidence from expert witnesses yesterday on how the Fair Elections Act will suppress votes, government lawyers presented their rebuttal today.


++++++++++++++++++++


Court decision on Fair Elections Act injunction to be released Friday - July 16, 2015

[ http://canadians.org/media/court-decisi ... sed-friday ]

OTTAWA – After two weeks of deliberation, Justice David Stinson of the Ontario Superior Court will render his decision tomorrow (Friday, July 17) at noon EDT on the request for injunction against key provisions of the Fair Elections Act.


+++++++++++++++++


Fair Elections Act risks disenfranchising voters: judge

[ http://canadians.org/media/fair-electio ... ters-judge ]

Media Release July 17, 2015

In response to a legal challenge by the Council of Canadians, the Canadian Federation of Students, and three individual voters, Justice David Stinson of the Ontario Superior Court found that there was a risk that some people would be unable to vote because of strict new voter identification requirements, but declined to grant an injunction against the Fair Elections Act.

Passed into law in June, the Fair Elections Act is “an obvious attempt to undermine democracy,” says Maude Barlow, National Chairperson of the Council of Canadians. “We are more committed than ever to getting people out to vote despite the new identification requirements. The government may not want Canadians to vote this October, but we certainly do.”

The Fair Elections Act requires that voters prove both their identity and their address, and prevents them from using their Voter Information Card as proof of residence. It also eliminates vouching, the process by which one voter with identification could vouch for the identity of another person. Experts suggest these new provisions could disenfranchise tens of thousands of voters, especially students, aboriginals, and homeless people.

The applicants will be consulting their legal counsel about the possibility of an appeal.

“The Canadian Federation of Students will continue to ensure students have access to information on how they can vote in spite of this government’s voter suppression laws,” said Bilan Arte, National Chairperson of the Canadian Federation of Students. “Canada’s students remain determined to defend our democratic rights.”

Justice Stinson wrote in his ruling that “based on the evidence to date, there is a risk that some individuals who would otherwise rely on the Voter Information Card to enable them to vote will be unable to do so due to s.46(3), which would result in irreparable harm” but that “established principles [...] dictate that the court should not stay the operation of the disputed law without a full hearing on the merits.” He also wrote that if the provision in the Fair Elections Act “is ultimately found to be unconstitutional, there will be no way to restore the right of improperly disenfranchised voters to participate in a past election.” [ http://canadians.org/sites/default/file ... n-0715.pdf ]

The injunction is the first step in a larger constitutional challenge, which won’t be heard until after this fall’s election. Contrary to the government’s stated aim of giving Elections Canada “sharper teeth, longer reach and a freer hand,” the Council of Canadians argues that the Fair Elections Act muzzles the Chief Electoral Officer, strips him of his authority, and deprives him of essential tools needed to inform and aid Canadians in exercising their right to vote. -30-

For immediate information, contact:

Dylan Penner, Democracy campaigner, Council of Canadians 613-795-8685

Download the court ruling
[ http://canadians.org/sites/default/file ... n-0715.pdf ]
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Re: Bill C-50: "(Un)Fair Elections Act"

Postby Oscar » Sat Jul 25, 2015 10:32 am

The Council of Canadians Fair Elections Act injunction ruling under appeal

[ http://canadians.org/media/fair-electio ... der-appeal ]

Media Release July 24, 2015

OTTAWA – The Council of Canadians, the Canadian Federation of Students and three voters are seeking leave to appeal last week's ruling denying an injunction against onerous voter ID restrictions in the Fair Elections Act. An injunction would permit Elections Canada to allow all registered voters to use their Voter Information Cards as proof of address at the polls.

The ruling found that there was a serious issue to be tried and the legislation would cause irreparable harm to registered electors who are denied the right to vote under these new rules. Nevertheless, the judge declined to grant an injunction.

“We contend that the judge failed to follow Supreme Court of Canada jurisprudence underscoring the need to protect the right to vote as fundamental to our democratic system,” said Garry Neil, Executive Director of the Council of Canadians.

The Chief Electoral Officer of Canada, who has intervened in the case, has said that if a court decision is made in time he will allow all electors to use their Voter Information Cards, together with another piece of authorized ID, to vote in the October election.

Evidence from Harry Neufeld, former chief electoral officer of British Columbia, filed in support of the application, concludes that without an injunction “many tens of thousands of otherwise fully qualified and properly registered voters will be disenfranchised.”

Justice Stinson wrote in his ruling that "if the provision in the Fair Elections Act “is ultimately found to be unconstitutional, there will be no way to restore the right of improperly disenfranchised voters to participate in a past election.”

The factum requesting leave to appeal can be read here:
[ http://canadians.org/sites/default/file ... 150724.pdf ]

-30-

For media calls:

Leila Marshy, Media Officer
Cell: (613) 618-4761
Office: (613) 233-4487, ext. 232
E-mail: lmarshy@canadians.org
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