Latest news with #OntarioCourtofAppeal
Vancouver Sun
12-08-2025
- Politics
- Vancouver Sun
Canada's first-past-the-post voting system is constitutional, Ontario appeal court rules
OTTAWA — A panel of three Ontario Court of Appeal judges unanimously affirmed the constitutionality of Canada's first-past-the-post electoral system in a ruling released on Monday. 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 in court that the first-past-the-post system violates the Charter of Rights and Freedoms' guarantee of effective representation. The groups also said the system leads to the under-representation of women and other groups in Parliament, breaching the Charter's equality rights provision. Start your day with a roundup of B.C.-focused news and opinion. By signing up you consent to receive the above newsletter from Postmedia Network Inc. A welcome email is on its way. If you don't see it, please check your junk folder. The next issue of Sunrise will soon be in your inbox. Please try again Interested in more newsletters? Browse here. In a proportional representation system, the number of representatives a political party elects reflects the percentage of the total vote the party receives. In November 2023, the Ontario Superior Court dismissed the challenge from Fair Voting BC and Springtide. It said that while a proportional representation system would be a fair alternative to the current system, it's not required by the Constitution. In its decision, the province's Court of Appeal also rejected the groups' key arguments. 'The electoral system is not in conflict with either the right to vote or the right to equality. It does not violate the Charter,' Justice Grant Huscroft said in written reasons delivered on behalf of another judge on the panel. 'The appellants' arguments that the electoral system violates the Charter are, in essence, a repackaging of failed political arguments as constitutional rights violations.' The expert evidence 'put forward in support' of those arguments, Huscroft wrote, is 'replete with highly contestable policy arguments about which reasonable disagreement abounds, not only in the academic community but amongst the public at large.' 'This evidence demonstrates the shortcomings of constitutional litigation in addressing public policy disagreements,' he added. The short answer to the argument that the electoral system violates the Charter is that Canadian citizens are free to vote for anyone they choose, and for any reason they choose, Huscroft added. 'There is no constitutional requirement that their individual choices aggregate in a way that achieves some ideal of representational diversity,' he wrote. 'Neither the political party affiliation nor the personal characteristics of the candidates who win election are relevant to the constitutionality of the electoral system.' During the 2015 election campaign, then-Liberal leader Justin Trudeau promised it would be the last federal election held under the first-past-the-post system. Once in office, however, Trudeau's government abandoned his pledge to replace the system. Fair Voting BC and Springtide argued that under the current system, small political parties do not enjoy the success they deserve, creating a disadvantage for people who vote for them. 'I do not doubt that small political parties fare poorly in Canada,' Huscroft wrote. 'They receive relatively few votes and invariably win few or no seats.' The failure of a political party cannot open the door to a claim for constitutional redress, he said. 'In short, the right to vote is a right to vote pursuant to the electoral system in operation — whatever that system is, and regardless of the electoral outcomes that may obtain,' he wrote. The appellants also argued the first-past-the-post system contributes to the under-representation of women and minorities in Parliament. Huscroft said no matter what sort of electoral system is in place, over- or underrepresentation of particular demographic groups might occur to a greater or lesser extent from time to time. He added that arguments based on degree of representation lose sight of the fundamental fact of the matter: that people are entitled to vote the way they want. 'This is the very essence of the freedom that lies at the heart of the right to vote,' he wrote. Our website is the place for the latest breaking news, exclusive scoops, longreads and provocative commentary. Please bookmark and sign up for our daily newsletter, Posted, here .
Vancouver Sun
11-08-2025
- Politics
- Vancouver Sun
B.C. group loses bid to overturn Canada's federal voting system
OTTAWA — A panel of three Ontario Court of Appeal judges unanimously affirmed the constitutionality of Canada's first-past-the-post electoral system in a ruling released on Monday. 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 B.C. and the Springtide Collective for Democratic Society argued in court that the first-past-the-post system violates the Charter of Rights and Freedoms' guarantee of effective representation. The groups also said the system leads to the under-representation of women and other groups in Parliament, breaching the Charter's equality rights provision. Start your day with a roundup of B.C.-focused news and opinion. By signing up you consent to receive the above newsletter from Postmedia Network Inc. A welcome email is on its way. If you don't see it, please check your junk folder. The next issue of Sunrise will soon be in your inbox. Please try again Interested in more newsletters? Browse here. In a proportional representation system, the number of representatives a political party elects reflects the percentage of the total vote the party receives. In November 2023, the Ontario Superior Court dismissed the challenge from Fair Voting B.C. and Springtide. It said that while a proportional representation system would be a fair alternative to the current system, it's not required by the Constitution. In its decision, the province's Court of Appeal also rejected the groups' key arguments. 'The electoral system is not in conflict with either the right to vote or the right to equality. It does not violate the Charter,' Justice Grant Huscroft said in written reasons delivered on behalf of another judge on the panel. 'The appellants' arguments that the electoral system violates the Charter are, in essence, a repackaging of failed political arguments as constitutional rights violations.' The expert evidence 'put forward in support' of those arguments, Huscroft wrote, is 'replete with highly contestable policy arguments about which reasonable disagreement abounds, not only in the academic community but among the public at large.' 'This evidence demonstrates the shortcomings of constitutional litigation in addressing public policy disagreements,' he added. The short answer to the argument that the electoral system violates the Charter is that Canadian citizens are free to vote for anyone they choose, and for any reason they choose, Huscroft added. 'There is no constitutional requirement that their individual choices aggregate in a way that achieves some ideal of representational diversity,' he wrote. 'Neither the political party affiliation nor the personal characteristics of the candidates who win election are relevant to the constitutionality of the electoral system.' During the 2015 election campaign, then-Liberal leader Justin Trudeau promised it would be the last federal election held under the first-past-the-post system. Once in office, however, Trudeau's government abandoned his pledge to replace the system. Fair Voting B.C. and Springtide argued that under the current system, small political parties do not enjoy the success they deserve, creating a disadvantage for people who vote for them. 'I do not doubt that small political parties fare poorly in Canada,' Huscroft wrote. 'They receive relatively few votes and invariably win few or no seats.' The failure of a political party cannot open the door to a claim for constitutional redress, he said. 'In short, the right to vote is a right to vote pursuant to the electoral system in operation — whatever that system is, and regardless of the electoral outcomes that may obtain,' he wrote. The appellants also argued the first-past-the-post system contributes to the under-representation of women and minorities in Parliament. Huscroft said no matter what sort of electoral system is in place, over- or underrepresentation of particular demographic groups might occur to a greater or lesser extent from time to time. He added that arguments based on degree of representation lose sight of the fundamental fact of the matter: that people are entitled to vote the way they want. 'This is the very essence of the freedom that lies at the heart of the right to vote,' he wrote.
Toronto Star
11-08-2025
- Politics
- Toronto Star
Canada's federal voting system is constitutional, Ontario Court of Appeal rules
OTTAWA - The Ontario Court of Appeal has affirmed the constitutionality of Canada's first-past-the-post electoral system. 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.
Winnipeg Free Press
11-08-2025
- Politics
- Winnipeg Free Press
Canada's federal voting system is constitutional, Ontario Court of Appeal rules
OTTAWA – The Ontario Court of Appeal has affirmed the constitutionality of Canada's first-past-the-post electoral system. 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.
Cision Canada
11-08-2025
- Business
- Cision Canada
Ontario Court of Appeal finds Ukrainian Airlines liable for the downing of UIA PS 752
TORONTO, Aug. 11, 2025 /CNW/ - Today, the Ontario Court of Appeal upheld the lower court ruling that Ukraine International Airlines is legally responsible to pay full compensation to the families who lost loved ones in the downing of UIA Flight 752 in Iran in January 2020. The law firms of CFM Lawyers LLP, based in Vancouver, and Howie Sacks & Henry, based in Toronto, jointly represent the families of 21 passengers killed in the downing of Flight 752. Flight PS 752, carrying Canadian citizens and permanent residents, was shot down over Tehran by the Iranian Revolutionary Guard in the early morning hours of January 8, 2020, at a time when military tensions with the United States were rapidly escalating. The Ontario Court found UIA was negligent for failing to conduct a proper assessment of the risks of operating the flight out of Tehran. The appeal court upheld the ruling of Justice Jasmine Akbarali of the Ontario Superior Court of Justice which was issued following an 18-day trial in Toronto that ended in January 2024. "This is an important result for our clients who lost loved ones in the downing of Flight 752", says Joe Fiorante. "The ruling of the Court of Appeal brings a small measure of justice for the families." The judgment means that under the Montreal Convention, the international law which governs the international carriage of passengers, UIA will not be able to limit the compensation payable to the families to $180,000 USD per passenger, but instead will be now obligated to pay full compensatory damages arising from the fatalities. Paul Miller and Jamie Thornback believe that "**This is a landmark decision in the world of aviation. At a time of heightened conflicts around the world, the judgment sends a clear message to international airlines that open airspace cannot be assumed to be safe airspace. Airlines must exercise extreme caution and diligence when operating in or near a conflict zone." A copy of the decision can be found here.
