Ontario Court of Appeal Upholds First-Past-the-Post Electoral System

A panel of judges from the Ontario Court of Appeal unanimously upheld the first-past-the-post electoral system used in Canada, as announced in a recent ruling. This system, established by the Canada Elections Act, dictates that the candidate who acquires the highest number of votes in an electoral riding becomes the Member of Parliament.

Challenging this framework were Fair Voting BC and the Springtide Collective for Democratic Society, who argued before the court that the first-past-the-post mechanism infringes upon the effective representation guaranteed by the Charter of Rights and Freedoms. They contended that this system leads to the underrepresentation of women and minority groups in Parliament, asserting that this violates the equality rights established in the Charter.

The Ontario Superior Court had previously dismissed similar claims brought forth by the challengers in November 2023, recognizing that although a proportional representation system could be viewed as a fairer alternative, it is not constitutionally mandated. The Appeal Court echoed this sentiment in its ruling, which reinforced that the electoral system aligns with both the right to vote and the right to equality. Justice Grant Huscroft, representing the judges' collective view, articulated that the appellants’ assertions came off as a rehash of unsuccessful political arguments, framed as constitutional violations.

Huscroft pointed out that the expert evidence submitted to support these claims was rife with contentious policy debates, reflecting diverse opinions within both the academic sphere and the wider public. He emphasized that the core freedom connected to the right to vote allows Canadians to choose whom to vote for based on personal criteria without requiring their votes to conform to any ideal of representational fairness. As such, he stated, the electoral context and the identities of elected candidates do not have bearing upon the constitutionality of the electoral system.

During the 2015 election, former Liberal leader Justin Trudeau had pledged that it would be the last federal election under the first-past-the-post system, yet his administration later renounced this commitment. The plaintiffs claimed that the current electoral process disadvantages small parties, resulting in fewer seats relative to the votes they receive. Huscroft acknowledged the struggles faced by smaller parties but clarified that poor performance does not warrant constitutional intervention.

Furthermore, he addressed the concern regarding the representation of women and minorities, explaining that fluctuations in representation among demographic groups are inherent to any electoral system. Ultimately, he argued that the essence of voting freedom lies in individuals' rights to make their own voting choices, regardless of the diversity of outcomes produced by the electoral system in place.