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
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      democratic
      po-
     
     
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      That
      may
      be
     
     
      one
      thing
      for
      a
      country
      club,
     
    
   
   
    
     
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