L A W  &  J U S T I C E

Canada: Democracy in Search of Electoral Reforms
Joginder Singh Toor

FOR an increasing number of Canadians, the imbalance in the system of democracy is unacceptable because elections play a central role in the modern democracy and are the source to translate votes into seats, allowing the political party that wins the elections to dominate the political agenda.

Canada’s electoral system is a single member plurality system most commonly known as the “First-past-the-post System’. Canadians are elected to the House of Commons through election in one of 308 ridings. One member from each riding (constituency) is elected by plurality of votes (not necessarily a majority or more than 50% of votes).

This system for most of the Canadians is inherently unfair. Law Commission of Canada identified some reasons like:

1. Being overly generous to the party that wins a plurality of the vote with a legislative majority disproportionate to the share of the vote;

2. Governing party, with its artificially swollen legislative majority, to dominate the political agenda;

3. Promoting parties formed along regional lines, does exacerbating Canada’s regional divisions;

4. Leaving large areas of the country without adequate representatives in the governing party caucus;

5. Disregarding a large number of votes in that voters who do not vote for the winning candidate have no connection to the elected representative, or to the eventual make up of the House of Commons;

6. Contributing to the under-representation of women, minority groups, and aboriginal peoples;

7. Preventing a diversity of ideas from entering the House of Commons;

8. Favoring an adversarial style of politics.

The shortcomings even if minimized, have arisen because of new Canadian realities; a more mobile and diverse population, declining voter turnout and decreasing youth participation.

The Commission  constituted to suggest  electoral reforms submitted its report  on "reforming the electoral system to ensure that democracy in Canada remains vibrant and relevant in to the twenty-first century” and it  noted that one of the driving forces for the reform is the desire for a system that better reflects the country’s diverse population and ideas. Another reason is found in the skewed results of the recent provincial and federal elections, which many observers claim, deny effective representation, and may improve voter turnout and youth representation.

The Commission examined alternative electoral systems prevalent in various countries the world over known as Families of electoral systems.

Plurality – Majority Systems

A plurality-majority system is currently used for federal, provincial, and territorial elections in Canada. Plurality-Majority systems ensure that the winning candidate in a riding obtains at least a plurality of the votes cast. There are four basic types of plurality/majority systems.

First-Past-The-Post System: also known as the single-member plurality system, this system I currently used in Canada, the United Kingdom, The United States, and India, along with the number of countries historically influenced by Great Britain, such as Jamaica, Bahamas, and St. Kitts and Nevis.

Alternative Vote System: In this type of system, contests are held in single-member constituencies, but voters rank order candidates. If no candidate receives a majority of the votes, the lowest ranked candidate is dropped and his or her second preferences are then re-distributed among the remaining candidates.

Block Vote System: Voters can cast as many votes as there are candidates.

Two-round System: Any candidate winning a majority of the vote (more than 50% percent) in the first round is declared the winner. If no candidate receives a majority in a riding, then a second round of balloting is held, with only the top two candidates proceeding, and the winner of this round is declared elected. This system is used, mort notably, in France.

Proportional Representation Systems

List-PR System: Each party presents a list of candidates to the electorate. Voters vote for a party, and parties receive seats in proportion to their overall share of the national vote. Winning candidates are taken from the lists in order of their positions on the lists. Most of the European democracies employ a list-PR system.

Single Transferable Vote System: This system employs the alternative vote in multi-member districts. It allows the voter to rank order candidates. Typically, voters may either vote for only one candidate or rank as many as they wish. (Up to the number to be elected in the riding).

Mixed Member Proportional System: Many countries and regions have adopted this system, including Germany, Scotland, Wales, New Zealand, Bolivia, Hungary, and Venezuela. A proportion of representatives in these countries, usually between 50 percent and 60 percent, are elected from single-member constituencies using the first-past-the-post method, while the remainder are elected from party lists on the basis of a party’s share of the popular vote. Voters have two votes, one for their constituency representative and one for the party.

Semi-PR Systems

Single non-transferable Vote System: Each voter has only one vote, but there are multiple candidates elected in the riding. Candidates with the highest vote totals win the seats.

The Law Commission has noted the earlier efforts on law reforms and their reasons such as: i. extension of franchise to non-property owners and the working class and to the women who had been previously excluded from voting. ii. Adoption of proportional representation for municipal elections in all four western provinces followed by Manitoba and Alberta.

Significant reforms occurred in 1916 when voting rights were given to the women in Manitoba, Saskatchewan, and Alberta followed by extension of this right in 1918 to non-aboriginal women of twenty-one years of age and in 1921, one universal suffrage was granted to the women and first woman Agnes MacPhail was elected to the House of Commons the debate for more electoral reforms continued with relative silence between 1950 and 1970.

After evaluating the various electoral systems from ten different angles forming the criteria:

1. Representation of parties. 2. Demographic representation. 3. Diversity of ideas. 4. Geographic representation. 5. Effective Government. 6. Accountable government. 7. Effective opposition. 8. Valuing votes. 9. Regional balance. 10. Inclusive decision-making

The Law Commission  recommended that Canada should adopt a mixed-member proportional electoral system so as to add an element of proportionality to Canada’s electoral system . it clncluded:“One of the most important features of the mixed-member proportional system used in New Zealand, Germany, Scotland, and Wales is that it is a two-vote system between two vote system of proportional representation. Canadians need to understand the implication of this. Voters are allowed to ticket-split, that is, vote for a candidate of one party in their riding, and for another party on the proportional representation portion of the ballot. This feature helps to alleviate the disregarded vote phenomena that are characteristic of the first-past-the-post system. According to the Jenkins Report, it gives voters maximum choice and flexibility: it frees them. “From the prison of having to suffer an unwanted candidate for the constituency in order to get a desired government”. Interestingly, in the first mixed-member proportional election held in New Zealand in 1996, 37% of voters split their ticket-“ a high-level by international standards. This adjusts ‘that New Zealanders cleared relished the opportunity… to distinguish between two different proportions formally concealed when voting under first-past-the-post’.”

E-mail: jogindersingh_toor@yahoo.com

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