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Elections in Canada

 

Elections in Canada

This article is part of a series on the
politics and government of
Canada
Government

corporations and trade unions. Formal elections have occurred in Canada since at least 1792, when both Upper Canada and Lower Canada had their first elections.

National voting is available to Canadian citizens aged 18 or older who reside in Canada or have been abroad for shorter than five years. Other elections may have citizenship, residency, and/or ownership requirements (some municipalities allow both residents and non-resident landowners to vote).

Contents

  • National elections 1
    • Results 1.1
    • Fixed dates 1.2
    • By-elections and referenda 1.3
    • Qualifications 1.4
      • Canadian citizens abroad 1.4.1
    • Length of election campaigns 1.5
  • Provincial and territorial 2
    • System 2.1
    • Parties 2.2
    • Results 2.3
  • Municipal 3
  • Senate nominee (Alberta) 4
  • Reforms 5
    • 2004 Quebec proposed electoral reform 5.1
    • 2005 Single Transferable Vote referendum 5.2
    • 2005 Prince Edward Island referendum 5.3
    • 2007 Ontario mixed member proportional representation referendum 5.4
    • 2008 New Brunswick referendum 5.5
    • 2009 British Columbia Single Transferable Vote referendum 5.6
    • 2015 Canadian federal election 5.7
  • See also 6
  • References 7
  • External links 8

National elections

The Parliament of Canada has two chambers: The House of Commons has 338 members, elected for a maximum five-year term in single-seat constituencies, and the Senate has 105 members appointed by the governor general on the advice of the prime minister. Senators are given permanent terms (up to age 75) and thus often serve much longer than the prime minister who was primarily responsible for their appointment.

National elections are governed by the Canada Elections Act and administered by an independent agency, Elections Canada. Using the plurality voting system, Canadians vote for their local Member of Parliament (MP), who represents one specific constituency in the House of Commons. Generally, the leader of the party with the most seats in the House of Commons becomes the prime minister.

Most MPs are members of a political party, although candidates may stand for election as independents unaffiliated with any political party. Since the practice of listing candidates' party affiliation on ballots began with the 1972 election, the Canada Elections Act has required that all local candidates be directly approved by the leader of their affiliated party, effectively centralizing the candidate nomination process.[1] Once candidates are elected, sitting members of parliament are permitted to "cross the floor" switching party affiliation without having to first resign and restand for office under their new affiliation. Sitting members may also be dismissed from or voluntarily leave their party and become independents. As a result, the distribution of seats by party affiliation often fluctuates in between elections.

Although several parties are typically represented in parliament, Canada has historically had two dominant political parties: the Liberal Party and the Conservative Party (preceded by the Progressive Conservative Party and the Conservative Party (1867-1942)). Every government since Confederation has been either Liberal or Conservative with the exception of the Unionist government during World War I. While other parties have sometimes formed the Official Opposition, the 41st Parliament (2011-2015) was the first in which the Liberals did not form either the government or the Official Opposition.

If a government loses a non-confidence motion, traditionally the prime minister will ask the governor general to call an election and the governor general follows that advice. However, the viceroy's compliance is not assured; the governor general also has the right to seek out another party leader who might be able to command the confidence of the House and ask him or her to form a government. This happened in 1926 and is referred to as the King-Byng Affair.

The five-year time limitation is strictly applied to the life of the parliament or assembly in question—this body is not deemed to have been formed until the return of the writs and ceases to exist the moment it is dissolved. It is therefore possible to run slightly longer than five years between election days, as was the case between the 1930 and 1935 elections. Although the law has allowed for a five-year gap between elections, there have in fact only been two five-year gaps in the last 50 years: between 1974 and 1979 and between 1988 and 1993, and there have in fact been five general elections since 2000.

It is also possible for a general election to be delayed should Canada be embroiled in a war or insurrection. This provision was enacted to allow Prime Minister Sir Robert Borden to delay a federal election for about a year during World War I. Since then, the provision has only been used twice, both times by provincial governments—Ontario delayed an election for a few weeks in the year following the Armistice in 1918. Saskatchewan was the only jurisdiction to delay a general election by more than a year, due to World War II, but held an election in 1944, six years after the previous vote.

Results

 Summary of the 2015 Canadian federal election
Party Party leader Candidates Seats Popular vote
2011 Dissol. Redist.1 2015 % change
from 2011
% seats # # change % pp change
Liberal Justin Trudeau 3384 34 36 36 184 +441.18% 54.44% 6,930,136 +4,146,961 39.47% +20.56pp
Conservative Stephen Harper 3382 166 159 188 99 -40.36% 29.29% 5,600,496 -231,905 31.89% -7.73pp
New Democratic Tom Mulcair 338 103 953 109 44 -57.28% 13.02% 3,461,262 -1,047,212 19.71% -10.92pp
Bloc Québécois Gilles Duceppe 78 4 2 4 10 +150% 2.96% 818,652 -71,136 4.66% -1.38pp
Green Elizabeth May 336 1 23 1 1 0% 0.3% 605,864 +29,643 3.45% -0.46pp
  Independent and no affiliation 80 0 8 0 0 0 0 49,905 -22,826 0.28% -0.21pp
Libertarian Tim Moen 72 0 0 0 0 0 0 37,407 +31,390 0.21% +0.17pp
Christian Heritage Rod Taylor 30 0 0 0 0 0 0 15,284 -3,934 0.08% -0.05pp
Marxist–Leninist Anna Di Carlo 70 0 0 0 0 0 0 9,105 -1,055 0.05% -0.02pp
Strength in Democracy Jean-François Fortin 17 N/A 25 N/A 0 0 0 8,298 * 0.05% *
Rhinoceros Sébastien Corriveau 27 0 0 0 0 0 0 7,349 +3,530 0.04% +0.01pp
Progressive Canadian Sinclair Stevens 8 0 0 0 0 0 0 4,472 -1,366 0.03% -0.01pp
Communist Miguel Figueroa 26 0 0 0 0 0 0 4,382 +1,457 0.02% -0.00pp
Animal Alliance Liz White 8 0 0 0 0 0 0 1,761 +310 0.01% -0.00pp
Marijuana Blair Longley 8 0 0 0 0 0 0 1,626 -238 0.01% -0.00pp
Democratic Advancement Stephen Garvey 4 N/A 0 N/A 0 0 0 1,187 * 0.01% *
Pirate Roderick Lim 5 0 0 0 0 0 0 906 -2,292 0.01% -0.01pp
Canadian Action Jeremy Arney 3 0 0 0 0 0 0 429 -1,601 0.00% -0.01pp
Canada Party Jim Pankiw 1 N/A 0 N/A 0 0 0 270 * 0.00% *
Seniors Daniel J. Patton 1 N/A N/A N/A 0 0 0 158 * 0.00% *
Alliance of the North François Bélanger 1 N/A N/A N/A 0 0 0 136 * 0.00% *
Bridge David Berlin 1 N/A 0 N/A 0 0 0 121 * 0.00% *
PACT Michael Nicula 1 N/A 0 N/A 0 0 0 90 * 0.00% *
United Bob Kesic 1 0 0 0 0 0 0 57 -237 0.00% -0.00pp
  Vacant 0 4 0 0 N/A
Total 1,792 308 308 338 338 +9.74% 100% 17,559,353 +2,838,773 100%
Source: Elections Canada (Preliminary results)
1. The party totals are theoretical. They are the transposition of the 2011 district results redistributed to the new districts formed in 2015.
2. Includes Conservative candidate Jagdish Grewal from Mississauga—Malton, who withdrew his candidacy but whose name still appeared on the ballot.
3. Does not include José Núñez-Melo, an incumbent MP who was denied the NDP nomination in Vimy after the writ was dropped, and subsequently announced he was running as a Green candidate.
4. Includes Liberal candidate Cheryl Thomas from Victoria, who withdrew her candidacy but whose name still appeared on the ballot.
5. Does not include Montcalm MP Manon Perreault, who sat as an independent before the writ was dropped, after which she announced her candidacy for Strength in Democracy.

Fixed dates

Although, under Section 4 of the Canadian Charter of Rights and Freedoms, each parliament has a maximum term of five years after the return of the writs of the last election, on November 6, 2006, the Parliament of Canada passed Bill C-16, An Act to Amend the Canada Elections Act. It requires that each general election is to take place on the third Monday in October in the fourth calendar year after the previous poll, starting with October 19, 2009.[2][3][4]

Nevertheless, the law does not curtail the power of the governor general to dissolve parliament at any time, meaning the prime minister may advise such a move whenever he or she feels is prudent. In the provinces and territories, the maximum life of a legislature is also fixed by the constitution, although some provinces have local laws that require elections to be even earlier.

By-elections and referenda

By-elections can be held between general elections when seats become vacant through the resignation or death of a member. The date of the by-election is determined by the Governor General, who must call it between 11 and 180 days after being notified of the seat vacancy by the Speaker of the House of Commons.

The federal government can also hold nationwide referenda on major issues. The last federal referendum was held in 1992, on proposed constitutional changes in the Charlottetown Accord. On occasion, one particular issue will dominate an election, and the election will in a sense be a virtual referendum. The most recent instance of this was the 1988 election, which was considered by most parties to be a referendum on free trade with the United States.

Qualifications

Every Canadian citizen 18 years of age or older has the right to vote, except for the Chief Electoral Officer and the Deputy Chief Electoral Officer. In the Canada Elections Act, inmates serving a sentence of at least two years were prohibited from voting, but on October 31, 2002, the Supreme Court of Canada ruled in Sauvé v. Canada that such a law violated the section 3 of the Charter, and was rendered of no force or effect.

The federal National Register of Electors is updated to reflect various changes in the Canadian population, including address changes, reaching voting age, naturalization, and death.[5] Every year, about 3,000,000 address changes are processed by Elections Canada from information obtained from the Canada Revenue Agency, Canada Post (via the National Change of Address service), provincial and territorial motor vehicle registrars, and provincial electoral agencies with permanent voters lists. Every year, about 400,000 Canadians reach voting age and 200,000 Canadians die, resulting in changes to the National Register of Electors based on information obtained from the Canada Revenue Agency, provincial and territorial motor vehicle registrars, and provincial electoral agencies with permanent voters lists. Additionally, over 150,000 individuals a year become naturalized Canadians, and are added to the National Register of Electors by Elections Canada based on information obtained from Citizenship and Immigration Canada.

Canadian citizens abroad

Although

  • Elections Canada
  • CBC Digital Archives—Voting in Canada: How a Privilege Became a Right
  • CBC Digital Archives—Campaigning for Canada
  • Canadian Governments Compared
  • U.S. State Department estimates of Canadian elections

External links

  1. ^ Cross, William (2006-09-01). "Chapter 7: Candidate Nomination in Canada's Political Parties" (PDF). In Pammet, Jon; Dornan, Christopher. The Canadian General Election of 2006. Dundurn. pp. 172–195.  
  2. ^ "Fixed election dates in Canada". Election Almanac. Retrieved May 19, 2008. 
  3. ^ Parliament of Canada (November 6, 2006). "Bill C-16, An Act to amend the Canada Elections Act". Queen's Printer for Canada. Retrieved August 31, 2008. 
  4. ^  
  5. ^ "Description of the National Register of Electors".  
  6. ^ "Constitution Act, 1982, Part I: Canadian Charter of Rights and Freedoms". laws-lois.justice.gc.ca. Retrieved 2015-08-03. 
  7. ^ a b "Canada Elections Act". laws-lois.justice.gc.ca. Section 222. Retrieved 2015-08-03. 
  8. ^ Canada, Elections. "A History of the Vote in Canada: Chapter 4 (The Charter Era, 1982–2006)". Retrieved 2015-08-03. 
  9. ^ "Completing the Cycle of Electoral Reforms – Recommendations from the Chief Electoral Officer of Canada on the 38th General Election".  
  10. ^ "Report of the Chief Electoral Officer of Canada on the 41st general election of May 2, 2011".  
  11. ^ "Frank et al. v. AG Canada, 2014 ONSC 907". Canadian Legal Information Institute. 2014-05-02. Retrieved 2015-08-03. 
  12. ^ "Frank v. Canada (Attorney General), 2015 ONCA 536". www.ontariocourts.ca. Retrieved 2015-08-03. 
  13. ^ Fine, Sean (2015-07-20). "Long-term Canadian expats denied right to vote, court rules".  
  14. ^ "Voting from abroad". Elections Canada Online. Retrieved 2015-08-03. 
  15. ^ "Length of Federal Election Campaigns". Parliament of Canada. Parliament of Canada. Retrieved 10 August 2015. 
  16. ^ "Length of Federal Election Campaigns". Parliament of Canada. Parliament of Canada. Retrieved 22 March 2012. 
  17. ^ A full list of past election periods can be found on the Parliament of Canada website

References

See also

In the most recent Canadian federal election, both of the main opposition parties (the federal Liberals and NDP) promised to implement electoral reform no later than the next scheduled election. The NDP has long supported Mixed Member Proportional, a hybrid system proposed by the Law Commission in which voters would cast two ballots (one for a regional representative and one for their preferred party). By comparison, the Liberals under Prime Minister Designate, Justin Trudeau have promised to review numerous electoral reform options through an "all party parliamentary committee" and to implement the changes in time for the next election. Trudeau promised to make 2015 "Canada's last First Past the Post election". There are divisions within the Liberal Party over which alternative system would be better (some prefer a proportional voting system, while others want a single member constituency preferential model); however, the Liberal promise has created expectations that some sort of change will be introduced.

2015 Canadian federal election

A referendum for the Single Transferable Vote (STV) system was held on May 12, 2009. The adoption of STV was defeated, with 39.09% of voters preferring STV over First Past The Post (FPTP).

2009 British Columbia Single Transferable Vote referendum

A referendum on the issue was proposed for 2008, however the Progressive Conservatives were defeated in the September 2006 election and the new Liberal government cancelled the referendum.

2008 New Brunswick referendum

To approve a proposed mixed member proportional representation system. The motion was defeated.

2007 Ontario mixed member proportional representation referendum

To approve mixed member proportional representation or some variant. The motion was defeated.

2005 Prince Edward Island referendum

In this referendum 57.7% of British Columbians voted in favour of the Single Transferable Vote system, however a vote of 60% was required to pass, therefore the motion was defeated.

2005 Single Transferable Vote referendum

The Liberal government of Quebec proposed electoral reform in 2004, which was scheduled to be passed in the fall of 2006 without a referendum. The project was postponed due to divergent views on how to improve it.

2004 Quebec proposed electoral reform

Reforms and attempted reforms are outlined below.

Reforms

Senate nominee (Alberta)

Municipal elections are held in Canada for the election of local governments. Most provinces hold all of their municipal elections on the same date. Candidates are elected through either ward or at-large systems, every two, three or four years, depending on the province. A minority of locations in Canada have local political parties or election slates, while most locations elect only independents.

Municipal

2Note: Provincial Liberal parties that are not officially affiliated with the federal Liberal Party of Canada.

1Note: Nunavut does not have political parties, and political parties in the Northwest Territories were disbanded in 1905. MLAs in both territories are elected as independents and the legislatures function under a consensus government model.

For lists of general elections in each province and territory, see the infobox at the bottom of the article.

Province or territory Date of most
recent election
          Total seats
Progressive Conservative Liberal New Democrat Green Other
Alberta May 5, 2015   10 12 54   21 (Wildrose Party)
1 (Alberta Party)
87
Prince Edward Island May 4, 2015   8 18   1   27
New Brunswick September 22, 2014   21 27   1   49
Ontario June 12, 2014   28 582 21     107
Quebec April 7, 2014     702     30 (Parti Québécois)
22 (Coalition Avenir Québec)
3 (Québec Solidaire)
125
Nunavut October 28, 2013           221 22
Nova Scotia October 8, 2013   11 33 7     51
British Columbia May 14, 2013     492 34 1 1 (Independent) 85
Saskatchewan November 7, 2011       9   49 (Saskatchewan Party) 58
Yukon October 11, 2011     2 6   11 (Yukon Party) 19
Newfoundland & Labrador October 11, 2011   37 6 5     48
Manitoba October 4, 2011   19 1 37   57
Northwest Territories October 3, 2011           191 19

This table shows the party standings as a result of the most recent election, and not the current representation in legislatures; refer to the articles on the individual houses for the current state.

The following table summarizes the results of the most recent provincial and territorial elections. A link to complete lists for each province and territory is below. The winning party is indicated in bold and by the coloured bar at the left of the table.

Results

In Saskatchewan and Yukon, the leading political parties, the Saskatchewan Party and the Yukon Party, respectively, have no federal counterpart, although they are both ideologically conservative.

All provincial wings of the New Democratic Party are fully integrated with the federal party, and members of the provincial party are automatically also members of the federal party. The Green Party has provincial counterparts that are directly affiliated but do not share membership or organizational structure and support.

In British Columbia, Alberta and Quebec the provincial Liberal parties are independent of the federal Liberal Party of Canada, while in the other provinces, the provincial Liberal parties are autonomous entities that retain formal links with the federal party.

The federal Conservative Party of Canada has no provincial wings and none of the current provincial Progressive Conservative Parties are formally linked with the federal party as they all predate the 2003 establishment of the federal party, which resulted in the formal disbanding of the federal Progressive Conservative Party of Canada. Some provincial parties (such as Alberta) formally broke off links with the federal party prior to the merger.

All Canadian provinces and Yukon, have electoral systems dominated by major political parties. In most provinces the leading parties are the same parties prominent at the federal level. However, the provincial party may or may not have an official affiliation with the federal party of the same name. Thus, names of provincial parties can sometimes be misleading when associating a provincial party with a national party, although the respective ideologies are usually fairly similar.

Parties

Since 2001, most Canadian provinces and the Northwest Territories have passed laws establishing fixed election dates, in most cases calling for elections every four years on a specific day and month.

In the territories of Northwest Territories and Nunavut, elections are held using the consensus government model.

Canada's ten provinces and the election commissions, and a province may legally change their electoral system should they wish to do so, without requiring permission from the federal government.

System

Provincial and territorial

Much speculation had surrounded how long the campaign for the 39th federal election would be in 2006, especially as it became certain the election would be called in the weeks preceding Christmas 2005. The government of Joe Clark, which fell on December 12, 1979, recommended a campaign of 66 days for the resulting election, and nothing legal barred a similarly lengthened campaign. In the end, the 2006 election was called on November 29, 2005, for January 23, 2006 — making a 55-day-long campaign.[17]

In practice, the Prime Minister will generally keep a campaign as brief as is legal and/or feasible, because spending by parties is strictly limited by the Elections Act. The maximum spending by each party is increased by 1/37th of the maximum for each day that the campaign exceeds 37 days. The 1997, 2000 and 2004 elections were all of the minimum 36 days in length which has led to a common misconception that elections must be 36 days long. However, prior to 1997, elections averaged much longer: aside from the 47 day campaign for the 1993 election, the shortest election period after World War II was 57 days and many were over 60 days in length.

Prior to the adoption of the minimum of 36 days in law, there were six elections that lasted shorter periods of time. The last of these was the 1904 election which occurred many decades before the minimum was imposed.

In terms of days from writ to election day, the longest campaign was that of 1980 election, which lasted 66 days. The 2015 election, currently taking place, is 78 days long from writ to election day, making it the longest campaign for a one-day election, exceeding in length only by that of 1872.

Every subsequent election has occurred on a single day. Of these elections, the longest election campaign, in terms of days from dissolution to election day, was that of 1926 election,[16] following the King-Byng Affair, which lasted 74 days.

The 1872 election was both the second shortest and the longest campaign in history. The first parliament was dissolved on 1872-07-08, while the writ was dropped on 1872-07-15. Voting occurred from 1872-07-20 to 1872-10-12. Therefore, the campaign started to close 12 days after dissolution and five days after the writ, and concluded was 96 days (13 weeks plus five days) days after dissolution and 89 days after the writ.[15]

The first two elections, 1867 election and 1872 election, took place over several weeks.

The length of election campaigns can vary, but under the Elections Act, the minimum length of a campaign is 36 days. There is no explicit maximum length for a campaign, although section 5 of the Charter requires that the Parliament sit at least once every twelve months, and thus a campaign would have to conclude in time for returns to be completed and parliament to be called into session within twelve months of the previous sitting. The federal election date must be set on a Monday (or Tuesday if the Monday is a statutory holiday).

Length of election campaigns

In May 2014, a court decision from the Ontario Superior Court of Justice invalidated the five-year limit as an unconstitutional restriction on the right to vote, in violation of Section Three, leading to a period of fourteen months during which all Canadian expatriates could apply to be on the register of electors.[11] However, the decision was reversed 2-1 on appeal at the Court of Appeal for Ontario on July 20, 2015, in a judicial opinion citing Canada's history of using a residence-based electoral district system and a justification based on social contract theory, which held that the five-year limit was a permissible limitation of the constitutional right to vote under Section One.[12][13] As of August 2015, Elections Canada has implemented changes to its registration process to comply with the latest court ruling, and will require expatriates already on the register to declare an intended date of return.[14]

[10][9], then the Chief Electoral Officer of Canada for 15 years, explicitly recommended in his official report that Parliament remove the five-year limit by amendment, but no action was taken.Jean-Pierre Kingsley In September 2005, [8], in 1993; these amendments extended the special ballot to certain prisoners, and Canadians "living or travelling" abroad.An Act to Amend the Canada Elections Act The five-year limit was originally enacted as part of Bill C-114, [7]

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