The Cadre -

23 March 1999

NATIONAL News 7

Communist Party of Canada vindicated

Justice’s ruling declares Canada Elections Act unconstitutional

By KRISHNA LALBIHARIE

Subsequent to a con- stitutional challenge issued by the Communist Party of Canada (CPC), Ontario Court Justice Anne Molloy ren- dered Wednesday March 11, that various sections of the Canada Elections Act are un- lawful, restrict political rep- resentation and encumber freedom of expression.

“We’re certainly not under any illusions that this action indicates a phenom- enal blooming of democracy in this country, but it’s truly a step forward,” says CPC leader Miguel Figueroa of Molloy’s decision.

Since forcibly losing official party status in 1993 on account of amendments to the Canada Elections Act as introduced by the former Mulroney government, the CPC, says Figueroa, “ has had no choice but to engage in this struggle and challenge the constitutionality of the many anti-democratic sec- tions within the Act,” and asks that the “Federal gov- ernment uphold and respect [Molloy’s] decision and the views of thousands of Cana- dians who remain in opposi- tion to draconian legislation.”

Madame Justice Molloy’s rulings indicate that current provisions within the Act requiring political parties to nominate a minimum of 50 candidates to remain regis- tered as an official party is unconstitutional, suggesting instead that the nomination of two candidates is sufficient.

“The only advantage | see [with] the fifty candidate threshold is the competitive advantage obtained by larger parties by virtue of the re- duced fund raising capacity of their electoral ts, stated Justice Molloy on

March 11.

“This is not an advan- tage consistent with fairness and democratic rights.”

Molloy additionally ar- gued that the preclusion of party affiliation on ballots for parties who fail to field 50 candidates, as is presently legislated, is “illegitimate”, adding that “voters are in a better position to make determination{s] if more, rather than less, information on party affiliation is pro- vided.”

Molloy further stated that current stipulations al- lowing for the liquidation of a party’s assets for failure to nominate a minimum of 50 candidates, and the acquisi- tion of 15 percent of total votes for the partial refund- ing of nomination deposits, is also unconstitutional.

“Stripping a political party of its assets in the ab- sence of any act of wrongdo- ing by that party can only be seen as an oppressive act which has the effect of sti- fling political discourse. The deposit provision is also based on irrational premises as well as stereotypical no- tions that individuals [or par- ties] able to pay the $500 de- posit are likely to be serious and supported by the public, whereas those for whom pay- ing a deposit would be an obstacle are not,” she said.”

Minister of State and Leader of the Government in the House of Commons, Don Boudria disagrees and is presently considering appeal of Molly’s ruling believing that the Act’s current struc- ture is adequate and serves to protect the public interest.

“The issue of seizure of assets is appropriate becau taxpayers partly subsidize these assets,” says Boudria who adds that the established

minimum of 50 nominations for party registration, asset liquidation and identification on ballots is both “reason- able” and “justifiable” given the size and number of Mem- bers of Parliament within the House of Commons.

“We think the govern- ment’s original position is correct and are studyin whether we will appeal all, most or some of the of Justice Molloy’s ruling. We have about 2 to 3 weeks to decide,” he said.

Figueroa, however, maintains that appeal of Molloy’s recommendations, in part or in whole, is injudi- cious and notes that argu- ments forwarded Boudria regarding the liquidation of a party's assets for failure to nominate 50 candidates in protection of public interest 1s “irrational.”

“The vast majority of small ies, including the CPC, do not receive funding from the public purse. The only direct funding that could be attributed from the public is through the issuing of tax recei Fi says, add- ing all political ies are required to file adjusted statements and must there- fore justify how revenues are

to finance all political and electoral activities.

“If anything, it’s the

iti that re- ceive millions of dollars in funds directly in terms of ex- pense remuneration for elec- tion igns,” he said.

Altogether, Figueroa perceives Molloy’s ruling as reflective of the C ian electorate’s desire for a greater, more inclusive politi- cal process -- one which is considerate of all parties and beliefs. “Canada, after all, is not an exclusive country club where its members can de-

but not for a democratic po- litical process.”

cide to maintain an exclusive membership. That may be one thing for a country club,

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