This case was about the underrepresentation of women and racialized people in Parliament. 

LEAF intervened before the Court of Appeal for Ontario. 

FACTS

Provisions in the Canada Elections Act lay the foundation for Canada’s “first past the post” electoral system. Fair Voting BC and Springtide Collective for Democracy Society are challenging these provisions, alleging they violate section 3 (voting rights) and section 15 (equality rights) of the Charter.   

The groups argue that the first past the post system does not meet the requirements for effective representation or meaningful participation guaranteed by section 3. They also contend that this system leads to the underrepresentation of women and racialized people in Parliament, because it reduces incentives for political parties to nominate balanced slates of candidates compared to proportional representation systems. 

ARGUMENTS

LEAF focused our arguments on the need for courts to take a substantive equality approach to section 15 claims and understand the full context of the group bringing the claim. In this case, that meant understanding the role of systemic sexism in political underrepresentation and analyzing whether the current electoral system is a cause of that underrepresentation, even if it was not the only or main cause. 

OUTCOME

The Ontario Court of Appeal unanimously upheld the constitutionality of Canada’s first past the post electoral system. In dismissing the equality rights claim, the Court held that the expert evidence did not establish that first past the post systems create or contribute to a disproportionate impact on women or racialized people in a discriminatory manner.

Download LEAF’s factum.

Read the decision here.

LEAF is grateful to be represented by Tina Lie and Mariam Moktar (Paliare Roland Rosenberg Rothstein LLP) in this case.   

LEAF’s interventions are guided, informed, and supported by a case committee with expertise in the relevant issues. We are grateful to this intervention’s case committee members (in alphabetical order): Gillian Bourke and Margot Young.