Charter Challenge for Fair Voting

@FairVoteCanada We agree with FVC - @FredDeLorey, check out Prof. Emmett Macfarlane (U Waterloo) on this - "Why Parliament is (Mostly) Free to Implement a New Voting System". digitalcommons.osgoode.yorku.ca/cgi/viewconten…

Proportional representation doesn’t require a constitutional amendment. It’s already been used here, in Manitoba and Alberta in the early 20th century for example. Trudeau promised 2015 would be the last FPTP election. He broke that promise. That’s on him, and no one else.

Wrapping up now. Thanks Nicolas! #charterchallenge #cdnpoli #votingrights

How do you establish disproportionality? One election? Many? Sharma, Fraser give guidance re: causation. Statistical and logical, as we have here re: mechanics. #charterchallenge #cdnpoli #votingrights

Causation under Mathys (sp?) decision a couple of weeks ago, standard is balance of probabilities. #charterchallenge #cdnpoli #votingrights

NR points out that JM quotes experts when he agrees with them, so these are effectively findings. Dr. Bird says that even if the exact increase can't be predicted, it will be significantly positive. #charterchallenge #cdnpoli #votingrights

Answer to AG: we're not demanding particular outcomes or system - we're asking for Parliament to choose a system that treats voters of all types equally and fairly. #charterchallenge #cdnpoli #votingrights

We leave it to Parliament to decide. Court needs to decide if FPTP denies effective representation because many voters don't have political representation (and commensurate with share of popular vote) #charterchallenge #cdnpoli #votingrights

JH: what do you mean - 4-8 seats? NR: districts electing 4-8 members. JH: what do you do with 5% nationally? How do you regulate this? NR: there are many possibilities - principle, not system. #charterchallenge #cdnpoli #votingrights

Court needs to say that FPTP breaches s3 by denying half the voters effective political representation and a system should be chosen that substantially addresses this. #charterchallenge #cdnpoli #votingrights

Dr. Carey says a proportional system would generate the lion's share of the benefits with moderate district magnitudes. #charterchallenge #cdnpoli #votingrights

JH: the myriad options make it difficult to see how a system could satisfy our criteria. How could Parliament choose an acceptable system? #charterchallenge #cdnpoli #votingrights

You can have a system that delivers both strong legislative representation and the other cited benefits. The values the AGC wants considered should be considered under s1. #charterchallenge #cdnpoli #votingrights

"I do not intend to express any opinion about the acceptability of the First Past the Post system" #charterchallenge #cdnpoli #votingrights

Figueroa actually says that the Charter is only neutral with respect to voting systems as long as the system complies with the Charter. #charterchallenge #cdnpoli #votingrights

Nicolas again. #charterchallenge #cdnpoli #votingrights

Significant change requires express language. #charterchallenge #cdnpoli #votingrights

Evolutionary nature of charter: McMurtry says it is not the American Bill of Rights - it's an evolution of our legal system #charterchallenge #cdnpoli #votingrights

Charter was not intended to revolutionize society. All parts of constitution stand on equal footing. Most predate the charter. #charterchallenge #cdnpoli #votingrights

Follows from structure of constitution and repatriation. Not a claim that all laws at the time of the Charter are constitutional. Rather, certain parts of pre-charter legal order enjoy a strong presumption #charterchallenge #cdnpoli #votingrights

Canadian Constitution Foundation: intervenes re: proper method of interpreting constitution. Focusing on presumption of continuity. #charterchallenge #cdnpoli #votingrights