Ottawa seeks ideas to limit frivolous candidacies in elections

Photo: Ryan Remiorz La Presse canadienne The federal government says the Security and Intelligence Threats Task Force will be closely monitoring byelections in four ridings next month for signs of interference. A voter casts their ballot in advance polls, Friday, September 10, 2021 in Chambly, Que.

The federal government is not ruling out changing the Elections Act to put an end to militant attempts to add as many names as possible to a ballot, following the confirmation of a record number of candidates in LaSalle–Émard–Verdun.

While voters in this Montreal riding are being actively courted by the major federal parties, they will be required to be a little more focused than usual to put an X in the right place. No fewer than 91 candidates will appear on the ballot, according to the official count by Elections Canada.

The vast majority (at least 77) are in fact participating in a movement to protest the voting system, which consists of ridiculously inflating the list of candidates registered for a by-election. Volunteers from the pan-Canadian Longest Ballot Committee campaign have solicited the 100 signatures of local voters required by the Act for each candidate.

The seat of LaSalle–Émard–Verdun has been vacant since the resignation of former Justice Minister David Lametti, who was ousted from Cabinet last summer. Observers expect that this by-election, organized for September 16, will allow Justin Trudeau to gauge his support in Montreal, after his defeat in another Liberal stronghold, Toronto–St. Paul’s, in June.

The minister responsible for Democratic Institutions, Dominic LeBlanc, has indicated that he is open to amending the Elections Act to limit the number of frivolous candidacies that disrupt the vote, but only if recommended by Elections Canada. The independent institution is due to publish its full report on this summer’s by-elections next year.

“We will pay attention to the recommendations made in the report […] and will take stock, in due course, of any changes to the Canada Elections Act that may be appropriate to ensure better access to voting,” said spokesperson Jean-Sébastien Comeau in a statement.

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“Extreme confusion”

The presence of too many candidates means that voters who are motivated to vote could have difficulty finding their way around once they are in the voting booth with an oversized ballot, fears Jean-Pierre Kingsley, who was Canada's Chief Electoral Officer from 1990 to 2007.

“What's most unfortunate about this initiative is that we're ultimately making voters pay. It creates, I would say, extreme confusion,” he says.

The paper given to Montreal voters could match, or even surpass, the imposing ballot used in Toronto–St. Paul's. The latter measured more than 90 cm (35.5 inches) long and 30 cm (12 inches) wide.

Mr. Kingsley has overseen several electoral reforms over the years, but he admits he didn't anticipate an invasion of citizens from across the country ready to run in a by-election, as is the case in LaSalle–Émard–Verdun. He also has difficulty in saying this way of campaigning to give an independent body the task of establishing electoral rules. According to him, this kind of campaign will rather create anger against the cause.

“In addition, it makes the ballot very difficult to manipulate with the electoral agent. Election workers, in the polling stations, are forced to dissect all of this afterwards,” and this, after having already worked a shift of more than twelve hours on election day, he emphasizes. In an email, Elections Canada assures that the counting will be completed on the evening of the vote, but warns that it could take longer than usual.

Little room for maneuver

Despite these irritants, it would be very difficult for a government to put up new barriers to running for office, since section 3 of the Canadian Charter of Rights and Freedoms specifies that every citizen is eligible for legislative elections.

“Historically, virtually every eligibility requirement in history has been struck down by the courts,” warns Bruno Gélinas-Faucher, a law professor at the University of New Brunswick.

For example, the requirement for a refundable $1,000 deposit for candidates has already been struck down by the Court. It would be equally unconstitutional to force candidates to run in the riding where they reside, believes the expert on the Elections Act. “The courts have a hard time deciding what constitutes a frivolous candidacy or not,” adds Bruno Gélinas-Faucher.

For his part, Jean-Pierre Kingsley proposes more targeted changes, such as forcing aspiring candidates to present 100 signatures of electors who have not already supported another candidacy. It would also be realistic to associate only one candidate per official agent, he believes.

Such a measure would certainly complicate the task of the 77 candidates in LaSalle–Émard–Verdun who share the same official agent, Tomas Szuchewycz, and who had the right to solicit the support of the same 100 voters. The leader of the satirical Rhinoceros party, Sébastien “CoRhino” Côrriveau, admitted to Devoir that he collects these signatures himself with the help of a handful of volunteers.