Canada's federal voting system is constitutional, Ontario Court of Appeal rules
The system, laid out in the Canada Elections Act, sees the candidate who receives the most votes in a given riding or electoral district become the member of Parliament.
Fair Voting BC and the Springtide Collective for Democratic Society argued the first-past-the-post voting system violates the Charter of Rights and Freedoms' guarantee of effective representation.
The groups also said the system leads to the underrepresentation of women and other groups in Parliament, breaching the Charter's equality rights provision.
Under a proportional representation system, the number of representatives a party elects reflects the percentage of the total vote the party receives.
In November 2023, the Ontario Superior Court dismissed the groups' challenge, saying that while a proportional representation system would be a fair alternative to the current one, it is not required by the Constitution.
This report by The Canadian Press was first published Aug. 11, 2025.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Cision Canada
5 hours ago
- Cision Canada
CUPE FLIGHT ATTENDANTS PROVE BARGAINING, NOT CARNEY'S SECTION 107, DELIVERS DEALS
OTTAWA, ON, /CNW/ - Air Canada flight attendants, members of CUPE, have delivered a decisive blow to employers who think they can sidestep fair bargaining by hiding behind Section 107 of the Canada Labour Code. Prime Minister Carney's government chose to impose Section 107 just hours after the strike began—an unprecedented and heavy-handed move to tilt the scales in the employer's favour. With the backing of the entire labour movement, CUPE stood its ground, defied the order, and forced the company back to the bargaining table—where a fair deal was reached. The outcome makes one thing clear: Section 107 is no longer a reliable weapon for employers. By refusing to bow to government interference, CUPE flight attendants exposed Section 107 for what it is: an unconstitutional violation of workers' Charter-protected right to free and fair collective bargaining. Any employer thinking of leaning on Section 107 in the future should think twice—it's a crutch that just snapped. Deals are made where they should be—at the bargaining table. That's good for workers, good for communities, and good for building lasting relationships between unions and employers. The entire labour movement is grateful to flight attendants for their strength and perseverance in standing firm for these rights. The last 24 hours have shown that Section 107 is unconstitutional, unenforceable, and corrosive to free collective bargaining. Canada's unions are calling for its removal from the Canada Labour Code. We urge all parties in Parliament to make this a priority in the upcoming fall session—because protecting workers' Charter rights should never be optional, and employers must never again be allowed to rely on Section 107 to delay or deny fair bargaining. The lesson from this strike is undeniable: workers win when they fight, and collective agreements are made through negotiation, not government-imposed edicts. Section 107 has been dealt a blow it shouldn't recover from—and that's good news for every worker in Canada.
Winnipeg Free Press
6 hours ago
- Winnipeg Free Press
The Latest: Trump planning for Putin-Zelenskyy meeting while affirming security guarantees
President Donald Trump said he's begun arrangements for a face-to-face meeting between Vladimir Putin and Volodymyr Zelenskyy to discuss a pathway to end Russia's invasion of Ukraine. Trump affirmed that the U.S. would back European security guarantees but stopped short of committing U.S. troops to a collective effort to prevent Moscow from reinvading its neighbor. Relying on the false information and conspiracy theories that he's regularly used to explain away his 2020 election loss, Trump has pledged to rid of both mail voting, used by about one-third of all voters, and voting machines used in nearly all of the nation's election jurisdictions. Based on the Constitution, U.S. elections are managed by the states, and there is little to no way for Trump to change this. Here's the latest: Government argued 'Aligator Alcatraz' lawsuits need a different court The state and federal government had argued that even though the isolated airstrip where the facility is located is owned by Miami-Dade County, Florida's southern district was the wrong venue since the detention center is located in neighboring Collier County, which is in the state's middle district. The defendants made an identical argument last week about jurisdiction for a second lawsuit in which environmental groups and the Miccosukee Tribe sued to stop further construction and operations at the Everglades detention center until it's in compliance with federal environmental laws. U.S. District Judge Kathleen Williams in Miami has yet to rule on the venue question. On Aug. 7 she ordered a 14-day halt on additional construction during a hearing last week and said she plans to rule before the order expires this week. Judge dismisses part of lawsuit against 'Alligator Alcatraz' lawsuit A federal judge in Miami dismissed part of a lawsuit over the legal rights of detainees at the 'Alligator Alcatraz' immigration detention center and moved the case to a different jurisdiction. U.S. District Judge Rodolfo Ruiz's 47-page ruling late Monday says claims the detainees lack confidential access to their lawyers or to immigration hearings were rendered moot when the Trump administration recently designated the Krome North Processing Center near Miami as a site for their cases to be heard. The judge heard arguments from both sides in a hearing earlier Monday in Miami. Civil rights attorneys were seeking a preliminary injunction to ensure detainees at the facility have access to their lawyers and can get a hearing. Next steps in the negotiations turn back to Putin Trump, who bragged on numerous occasions during the campaign that he could settle Russia's war in Ukraine in a day, said repeatedly Monday that it was far more complicated than he ever thought it would be. But he also suggested — likely implausibly — that the fighting that has raged for years could wind down quickly. 'A week or two weeks, we'll know whether we're going to solve this, or if this horrible fighting is going to continue,' said Trump, even suggesting the issues yet to be hammered out weren't 'overly complex.' Still, much remains unresolved, including red lines that are incompatible — like whether Ukraine will cede any land to Russia, the future of Ukraine's army and whether the country will ultimately have lasting and meaningful security guarantees. Zelenskyy says meeting with Putin should be held 'without any conditions' Zelenskyy says that if he starts to set conditions for the meeting, regarding a potential ceasefire or other matters, then Russia will want to set conditions, too, potentially jeopardizing those talks. 'That's why I believe that we must meet without any conditions,' he told reporters. Zelenskyy said Trump showed him a map of the Ukraine front lines in the Oval Office and they got into a little debate about territories it showed. But they didn't argue, he said. 'We had a truly warm, good and substantial conversation,' Zelenskyy said. NATO leader says 'Article 5 kind of security guarantees' will be discussed in coming days NATO Secretary General Mark Rutte says Trump agreed that the United States would contribute to Ukraine's security following a peace deal, a development he called 'a breakthrough.' Membership in NATO is not on the table, but the U.S. and European leaders are discussing 'Article 5 kind of security guarantees for Ukraine,' Rutte said in an interview with Fox News host Laura Ingraham. Article 5 of the NATO treaty says an attack on one member nation is an attack on all members, the heart of the transatlantic defense compact. Details around U.S. involvement in Ukraine 'will be discussed over the coming days,' which will give Zelenskyy the clarity he needs to decide whether Ukrainians can remain safe following a peace deal. 'It is important to also know what the situation will be with the security guarantees to prevent Vladimir Putin from ever, ever trying again to invade parts of Ukraine,' Rutte said. The possibility of U.S. troops in Ukraine was not discussed Monday, he said. DC told of intent to arm National Guard troops Washington has been informed about the intent for the National Guard to be armed, though it has not received details about when that could happen or where armed Guard members could be deployed in D.C., according to a person familiar who was not authorized to disclose the plans and spoke on condition of anonymity. It would be a departure from what the Pentagon and Army have said about the troops being unarmed. The Army said in a statement last week that 'weapons are available if needed but will remain in the armory.' Pentagon press secretary Kingsley Wilson also said last week that troops won't be armed. In response to questions about whether Guard members in Washington would be armed in the coming days, the District of Columbia National Guard said troops 'may be armed consistent with their mission and training.' Maj. Melissa Heintz, a spokesperson for the D.C. Guard, didn't provide more details and said 'their presence is focused on supporting civil authorities and ensuring the safety of the community they serve.' ___ — By Anna Johnson and Mike Pesoli
Canada News.Net
21 hours ago
- Canada News.Net
Air Canada flight attendant 'unlawful' strike exposes major fault lines in Canadian labour law
Share article Air Canada flight attendants say they will continue to defy a government back-to-work order after the federal labour relations board declared the strike "unlawful." The walkout, which began early on Aug. 16, grounded hundreds of flights and left passengers stranded. Less than 12 hours into the strike, the federal government intervened in the dispute between Air Canada and the union representing its flight attendants. Minister of Jobs and Families Patty Hajdu invoked Section 107 of the Canada Labour Code to impose binding arbitration and order employees back to work. The Canadian Union of Public Employees (CUPE) condemned the move, accusing the government of "crushing flight attendants' Charter rights." Air Canada reportedly encouraged the government to intervene, while CUPE pushed for a negotiated solution, arguing binding arbitration would ease pressure on the airline to negotiate fairly. After a Sunday hearing, the Canada Industrial Relations Board released an order reiterating flight attendants should "cease all activities that declare or authorize an unlawful strike of its members" and "resume the performance of their duties." As an expert in unions and the politics of labour, I see this dispute as highlighting several fault lines in Canada around work, how we value it and the ways the law affects workers. Prime Minister Mark Carney currently faces the first labour crisis of his term. Carney had worked alongside labour leaders in the face of United States President Donald Trump's tariff threats, even appointing Lana Payne, president of the Unifor trade union, to the new Canada-U.S. Relations Council. The federal government's decision to invoke Section 107 to send Air Canada and its flight attendants to arbitration continues a growing trend of its increasing use. Section 107 has been part of the Canada Labour Code since 1984. It was rarely used for decades, but became more common last year when Justin Trudeau's government invoked it several times to end work stoppages at ports, rail yards and Canada Post. This is part of a longer history. Dating back to the 1970s, federal and provincial governments started interfering with free and fair collective bargaining through back-to-work legislation or by imposing contracts on public sector workers. What has changed in recent decades is the federal government's growing creep into the private sector. Under Stephen Harper's Conservative government, there were increasing threats to use back-to-work legislation, targeting CN Rail, CP Rail and Air Canada. These interventions were justified as protecting an economy emerging from a global financial crisis. The Harper government followed through with back-to-work legislation in the Air Canada and CP Rail cases. If the Carney government continues to use back-to-work legislation, it could alienate unions that once saw him as a potential ally. Yet the public may be more receptive to it, given the country's economic weakness and continued Trump threats. The Air Canada strike could effect the trajectory not only of the government, but also the labour movement as well. It's a strike that has major consequences for all workers in Canada, and its outcome will signal to workers across the country what they can expect in these uncertain times. CUPE's decision to defy the Canadian government's use of Section 107 of the Canada Labour Code comes with big risks but also potential victories. A union or workers defying the law is hardly unprecedented, but is increasingly rare in an era where unions have been in an overall decline in Canada and globally. The risks are significant for workers: heavy fines, termination of employment or even jail time for flight attendants and union officials. If CUPE is successful, it would have a galvanizing effect, sending a message to workers across the country that they can stand up not only to their bosses, but to the state, in order to improve their labour circumstances. However, for any kind of unlawful strike to be successful, there must be an incredible amount of unity among the workers. While CUPE leadership and the Canadian labour movement are strongly supportive of continuing the strike, rank-and-file flight attendants must be willing to stand their ground. Even in a legal strike, unions only take the step of stopping work if they have an overwhelming amount of the membership on board. That need for solidarity is even greater for illegal action. The reason why Canada has laws allowing unions, workplace safety and strikes is because of industrial militancy that often defied the law to force governments to enact legislation allowing for unions and strikes. The flight attendant strike could be a barometer of increased labour organizing and action experienced across Canada since the COVID-19 pandemic, and whether that momentum for the labour movement can continue. Another key issue at the heart of the strike is the gender wage gap, which continues to be an issue in Canada. While it has narrowed during this century, women in Canada still earn on average 12 per cent less than men. This gap is even wider for women who are newcomers, Indigenous, transgender or living with disabilities. This disparity is closely tied to sectors where women are overrepresented, such as flight attendants, a workforce overwhelmingly made up of women. Across the Canadian workforce, 56 per cent of women are employed in the "5 Cs": caring, clerical, catering, cashiering and cleaning. These occupations tend to be precarious and underpaid. While airlines are part of transportation, the work that flight attendants perform is unmistakably service-based and covers much of the 5 Cs, including emotional labour and customer care. For Air Canada flight attendants, the situation is compounded by the fact they are paid only while the plane is in motion, meaning they often perform unpaid work. The gender dynamics become even clearer when comparing the treatment of flight attendants with that of Air Canada pilots. In 2024, Air Canada pilots - who are mostly men - won a 26 per cent wage increase in the first year of their new contract and a 42 per cent increase overall. Air Canada's most recent offer to its flight attendants was only an eight per cent increase in year one and 38 per cent overall. "Air Canada's male-dominated workforce received a significant cost-of-living wage increase. Why not the flight attendants, who are 70 per cent women?" Natasha Stea, president of the CUPE division that represents the Air Canada flight attendants, said in an Aug. 15 CUPE article.
