Home / Press Release: BCCLA Protecting Voter Rights at the Supreme Court of Canada

Press Release: BCCLA Protecting Voter Rights at the Supreme Court of Canada

For Immediate Release  

Ottawa, ON / unceded Anishinabe Algonquin Territory – Today, the BC Civil Liberties Association (BCCLA) will present oral arguments as an intervener at the Supreme Court of Canada in  Attorney General of Quebec v. Lalande, et al. At issue in this case are the constitutional limits on how electoral boundary maps get drawn.

This case is a challenge to the Act to Interrupt the Electoral Division Delamination Process (“ATI”). In Quebec, an independent commission regularly reviews the province’s electoral maps and makes recommendations to ensure that voters’ right to effective representation is respected. The commission’s most recent review led to recommendations that several rural ridings be eliminated due to dropping population. Instead, the legislature passed the ATI, suspending the work of the commission until after the next general election. The Quebec Court of Appeal ruled that this violated the rights of voters in ridings with larger populations.

The ATI represents a real risk to democracy in our country. In addition to Quebec, similar actions are currently being undertaken by the legislature in Alberta. The task of setting electoral boundaries can’t be left in the hands of partisan bodies if we want to avoid the type of political gerrymandering often seen south of the border. How these maps get drawn largely determines how much weight each individual vote will have, and if done unfairly can leave many effectively disenfranchised. In the face of shifting demographics, these legislatures are giving more voting power to rural voters at the cost of urban voters, disproportionately diluting the votes of racialized minorities in the process.

BCCLA is intervening in this case to argue that there must be a strong presumption under the Charter of voter parity, meaning that everyone’s vote should be worth as close to equal as possible. Where governments want to depart from parity, for geographical, historical, practical or other reasons, there should be a strict requirement to justify this action. Nothing less will provide the fair and equitable electoral process that we all deserve.

“Canada is an outlier in the international community as it tolerates extremely inequitable distributions of voting power. One person one vote is a commonly expressed ideal but is simply not the reality here. The right to vote is at the core of our democracy, and everyone should have an equal voice at the ballot box.” 

Vibert Jack, Litigation Director for BCCLA

 BCCLA is represented by Ewa Krajewski, Brian Studniberg, and Taylor Wormington of Henein Hutchison Robitaille LLP.

CIVIL LIBERTIES CAN’T PROTECT THEMSELVES