The "Green Party Case"

A constitutional challenge to the Canada Elections Act was launched under the auspices of the Constitutional Test Case Centre at the Faculty of Law, University of Toronto. The Green Party is no longer pursuing this case however the information and material collected will provide useful background for anyone researching the issue of electoral reform in Canada

Background Resources

Beatty, David. "Making Democracy Constitutional" in Howe, Paul, Johnston, Richard and Blais, André (Eds.) Strengthening Canadian Democracy. Montreal: Institute for Research in Public Policy, 2005. [View Article - PDF Format ] (Reproduced with the permission of the author and the Institute for Research in Public Policy)

Trevor Knight, "Unconstitutional Democracy? A Charter Challenge to Canada's Electoral System", 57 U.T. Fac. L. Rev. 1 [View Article - PDF Format or RTF Format] (Reproduced with the permission of the author and the Editors of the Faculty of Law Review)

The Case - Affidavits and Exhibits

Scholarly materials filed as exhibits in support of the claim are reproduced here with permission from the copyright holders. These exhibits are available as PDF format files - Please be aware that PDF files are very large and may take some time to load or print.

  • Title Page
  • Application
  • Affidavit of Joan Russow
  • Affidavit of Marian Coyne
  • Affidavit of Douglas Amy
    • Exhibit A -C.V. - Not included 
    • Exhibit B
      Inter-Parliamentary Union, "Women in National Parliaments - World Classification" (March 8th 2001)
    • Exhibit C
      Lisa Young, "Electoral Systems and Representative legislatures: Consideration of Alternative Electoral Systems," (July 1994: Canadian Advisory Councial on the Status of women, Pub. No. 94-L-206).
    • Exhibit D
      Inter-Parliamentary Union, Distribution of Seats between Men and Women in National Parliaments: Statistical Data from 1945 to 30 June 1991 (Genève: Série "Rapports et Documents," No. 18, 1991).
    • Exhibit E -
      Richard E. Matland, "Enhancing Women's Political Participation: Legislative Recruitment and Electoral Systems," in Azza Karam, ed., Women in Parliament: Beyond Numbers (Stockholm: International IDEA, 1998).
    • Exhibit F -
      Wilma Rule, "Electoral Systems, Contextual Factors and Women's Opportunity for Election to Parliament in Twenty-three Democracies," (1987) 40 Western Political Quarterly 477-98. (Reprinted by Permission of the University of Utah, Copyright Holder)
    • Exhibit G
      Will Kymlicka, "Group Representation in Canadian Politics," in F. Leslie Seidle, ed., Equity and Community: The Charter, Interest Advocacy and Representation (Montreal: Institute for Research on Public Policy, 1993) 61-89.
    • Exhibit H - "Report of the Chief Electoral Officer on the 37th General Election Held on November 27th, 2000" (Excerpts)
    • Exhibit I - "Thirty-sixth General Election - 1997- Official Voting Results - Synopsis" (Excerpts)
    • Exhibit J - "Thirty-fifth General Election - 1993 - Official Voting Results" (Excerpts)
    • Exhibit K - Arend Lijphart, Patterns of Democracy: Government Forms and Performance in Thirty-six Countries (New Haven: Yale University Press, 1999) pp. 162-164,
    • Exhibit L - Arend Lijphart, Patterns of Democracy: Government Forms and Performance in Thirty-six Countries (New Haven: Yale University Press, 1999) Chap. 15.
    • Exhibit M - G.Bingham Powell, Jr., Elections as Instruments of Democracy: Majoritarian and Proportional Visions (New Haven: Yale University Press, 2000) Chap. 10.
    • Exhibit N
      Frank S. Cohen, "Proportional versus Majoritarian Ethnic Conflict Management in Democracies," (1997) 30 Comparative Political Studies 607-30.
  • Affidavit of Alan Cairns
    • Exhibit A - Alan C. Cairns, "The Electoral System and the Party System in Canada, 1921-1965" (1968) 1 Canadian Journal of Political Science 55-80.
    • Exhibit B - "Report of the Chief Electoral Officer on the 37th General Election Held on November 27th, 2000 - Table IV.1 Number of ballots cast and percentage of valid votes, by province/territory and political affiliation, preliminary figures - 37th general election, 2000" (Excerpts)
    • Exhibit C - "Thirty-sixth General Election - 1997- Official Voting Results - Synopsis" (Excerpts)
    • Exhibit D - "Thirty-fifth General Election - 1993- Official Voting Results" (Excerpts)
    • Exhibit E - "Thirty-second General Election -1980 - Report of the Chief Electoral Officer" (Excerpts)

The Case - Factum

Answers to Common Questions About the Case

Links

Resources on Electoral Systems & Reform

Organizations dedicated to Electoral Reform