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Electoral Reform and
Party Financing
Brief
to the Royal Commission on Electoral Reform
and Party Financing
Hardial
Bains,
September
20, 1990
Mr.
Chairman
and Members
of the Commission:
This
is the
first time our
Party is addressing a Royal Commission, a change in our policy.
The
issue
of democracy, as
you yourself, Mr. Chairman, acknowledge in your Opening Remarks at the
first public hearing of the Royal Commission held in Ottawa on March
12th,
has gripped the imagination of people on the world scale. Within this
situation,
the developments would seem to show that the people are putting
everyone
to the test. It is not necessary to extensively explain here what
happened
to the regimes in Eastern Europe which claimed to be really democratic,
or to explain that those governments which have taken their place are
already
under pressure from the people of those countries to put their words
into
deeds.
As
Mr.
Chairman mentions
in his Opening Remarks "...even in Canada... there are always new
pressures
emerging on our democratic system." To our way of thinking, one need
not
look far to see the examples of the dissatisfaction of the people of
Canada
with the way things stand. Recently, the elections in Ontario were
held.
It is widely acknowledged that the election of the majority NDP
government
was an expression of the dissatisfaction of the people of Ontario with
the high-handedness of the prior Liberal administration which did not
represent
the interests and aspirations of the people of Ontario. This was true
to
the extent that the former Premier of Ontario, Mr. David Peterson,
himself
lost his seat in London.
However,
the
example of this
Royal Commission, convoked because of the large number of complaints
about
the manner in which the elections have been conducted in recent years,
especially the 1988 election, shows that democracy is under scrutiny.
It
has been
pointed out that
"the Commission is of the view that fundamental changes to Canada's
system
of direct election by simple majority on a single ballot does not fall
within the ambit of its mandate." However, it would be negligent on our
part if we did not connect the electoral process, which does fall
within
the mandate of the Commission, and the aim of the election, that is, to
guarantee a democratic system, and therefore take the existence of this
Commission to mean that the very democratic system itself is being
scrutinized.
This,
Mr.
Chairman, is the
case, even though this Commission maintains that the system of
democracy
itself does not fall within its mandate. We cannot forget the adage
which
points out that deeds speak louder than words. This is all the more
true
when we speak about democracy which is not merely an abstraction or a
general
phrase, but represents a definite political form which favours certain
interests and goes against others.
The
example
of Eastern Europe
could not illustrate this point more clearly. Democracy is a feature of
society which is divided into classes and, as is generally known,
conflicting
interests constitute the very essence of this political form, and
characterize
any democracy. The fact that private ownership has been restored as the
main form of ownership of property in the countries of Eastern Europe
tells
us a lot about the kind of democracy which has been re-established in
those
countries. Whatever the case may be, it is certain that the former
regimes
did not avail the people of the possibilities to participate in
governing
their own affairs. The people were disenfranchised, notwithstanding the
form of elections which existed in the various countries, or the number
of political parties represented in the elections, or lack thereof.
Similarly,
today, under the new governments which have taken over power, if the
people
do not see the satisfaction of their demands for which they supported
the
coming to power of the new governments, then it does not matter what
electoral
procedures are put in place, the situation will not change for the
peoples
of those countries. This, really, is the issue. The aim of democracy
cannot
be reduced to the form which is used to bring it into being. The point
we wish to underscore here is that discussion on the electoral form,
without
discussing the aim which that form seeks to bring about, is a futile
exercise.
Such a discussion will not fulfil the expectations of the many who may
believe that changes and reforms in the Electoral Act will ensure their
participation in the electoral process. Neither will such a discussion
ensure their participation in the process of having their say in the
decision-making
on the matters which concern them.
Mr.
Chairman,
you must admit
that a society such as ours is based on large-scale production in which
tens of thousands of people work together to produce all the material
blessings
which we all enjoy. Is it not a pity that a society which entrusts
these
tens of thousands of working people with the production of material
blessings,
reduces their participation in the process of governing to one of
exercising
their right to vote?
Today,
while
almost all citizens
have the right to vote, they are disenfranchised in a number of ways.
Unless
the Royal Commission addresses itself to this issue, then the words of
Mr. Chairman in his introductory remarks, that "We intend to develop a
blueprint for the electoral law that will effectively meet the needs of
Canadians well into the next century, reinforce their confidence in our
democratic process and their members of parliament and reflect their
values
and democratic institutions", will remain on paper only. This is
because
in order to inspire confidence, people must participate directly
themselves.
Generally speaking, it can be said that people will defend only those
decisions
-- which they participated in making. If they continue to remain on the
outside of the decision-making process, then they will continue to be
disillusioned
by the decision-making process and lack confidence in the system of
government,
as is the case today. This is all the more true as time passes,
especially
after the Meech Lake Constitutional crisis and the decision to send
Canada?s
armed forces to the Persian Gulf, etc.
Power
in a
democracy is exercised
through the elected organs, as well as directly. Under our system, the
only direct participation a person has in governing, unless they belong
to an elected political party, is to participate in elections. How can
this be the case and be found to be acceptable? A democracy presumes
the
equality of all citizens. In the election, therefore, there must be at
the very least, equality of opportunity for all citizens to elect and
be
elected.
Thus,
it is
our contention
that, when we are inquiring into and reporting on "the appropriate
principles
and process that should govern the election of members of the House of
Commons and the financing of political parties and of candidate
campaigns..."
the issue of equality before the law -- that is, the Electoral Law --
is
of paramount importance.
For
there
to be equality,
then, the rights and duties of all citizens must be respected in the
electoral
process which means that the responsibility of the state is to ensure
the
broad participation of the people in the process. If the elections are
to be seen as meaningful, then this must be the case. This brings us to
the crux of our argument, which is that as long as the state uses
public
funds to finance some and not everybody, and some more than others,
then
this cannot be the case.
Various
issues
have been
raised in the course of these hearings relating to the Broadcast Act or
to third party financing and Advocacy Groups. There are differing
opinions
as to the changes which should be made in the Electoral Law regarding
these
questions. Various changes and modifications are also proposed as
regards
the amount of financing which should be allowed to various political
parties
and so on. It is interesting that none of the opinions put forward thus
far has focused on the basic contradiction in the positions advanced,
the
basic flaw in the Electoral Law as it now stands. This is, of course,
that
as long as the state uses public funds to finance some and not
everybody,
and some more than others, then this basic flaw, the inherent
inequality
within the system, cannot be corrected.
Within
our
present system
many things are said and justified which cannot in fact be justified.
Besides
other things, the political parties which present themselves for
elections
are divided into "major parties" and "minor parties". This division is
based on whether or not they have been elected in the past or have
members
who constitute a majority in the parliament. "Minor parties" are also
known
as "fringe parties", or parties on the margin of the society. Funding
is
then said to be provided on the basis of "merit", which is supposed to
be synonymous with those who are "serious", etc.
In
actual
fact, all of this
amounts to a series of definitions with which some may agree and some
may
disagree. We are, of course, amongst those who disagree, and amongst
those
who got discriminated against but this is not the only issue here. The
net result is that the law of equality gets violated in concrete terms.
Therefore the fact remains that the elections, being an event which
falls
within the political domain, are the preserve of parties defined as
"major
parties."
However,
let
us proceed,
Mr. Chairman, with our main arguments. The fact that there are many
political
parties in a country such as Canada, which is comprised of varied
economic
and financial interests, which are therefore reflected in political
terms
as well, is only normal. But, by their very nature, these political
parties
represent and advocate specific policies and interests. They are not,
therefore,
representative of the overall interest of the society, of the
collective
interest. They can truthfully be said to be special interest groups, in
much the same way as the advocacy groups are special interest groups.
Whether
some are political in orientation and some are social, or economic, or
environmental, etc., whether they participate in the political arena at
the time of elections or not, there is no substantive difference
between
them. The question arises as to why public funds should be used to
finance
special interest groups, no matter what their persuasion. Special
interest
groups, including in the political domain that is, the political
parties
- should be financed by their own members, supporters and friends, not
by the public purse. Under the present system, party financing means
the
financing of a group of individuals who have a definite stake in
political
and economic life. Why should state funds be used to finance such a
group
or many such groups?
Far
from
it, the public funds
should be used to finance the selection of candidates, the election
of candidates and the recall of elected members who do not perform
their
duty according to their mandate.
What
do we
mean by this?
Our concern, which we believe is also the concern of an ever-larger
number
of Canadians, is to ensure the broad participation of the people of
this
country in debating the problems of an economic and political nature,
of
a military, cultural, social and environmental nature. Most important
of
all, it is to ensure their participation in the decision-making
process.
As long as the people are represented politically by political parties
and members of political parties which, by definition, represent
special
interests, and as long as their participation in the decision-making
process
in the country is limited to casting one vote every 4-5 years, the
people
will remain marginal to the electoral process and dissatisfied. How
should
the people participate in the debate and decision-making under the
present
system?
The
rights
and freedoms of
the people must not merely have a formal character according to which,
just because they are proclaimed as being the same for everyone, makes
them so. The responsibility of the Electoral Act must be to make them
so,
at least in so far as participation in the electoral process goes.
Democracy,
Mr.
Chairman,
presumes that the majority rules and that the minority submits to the
majority.
We accept the democratic principle which the system in Canada is said
to
represent -- that the minority must submit to the majority and that the
majority rules, politically speaking. However, as long as you have
political
parties (which by definition represent special interests in the
economic
and political field) presenting themselves in the election and being
elected
to form the governments, you have a system whereby the majority must in
fact submit to the minority represented by those political parties.
This
is not acceptable and it is becoming more and more discredited with
each
passing day.
The
system
whereby the minority
is provided with all the facilities and possibilities, while nothing is
done for the majority is therefore also not acceptable and has to be
discarded
altogether.
It
is also
said, Mr. Chairman,
that through elections the will of the people is expressed. After an
election,
we often hear the expression that the people have spoken, or that the
government
has been given a mandate, or a new mandate, as the case may be. But
what
mechanism exists for the people to give a true mandate? If we are not
to
question the system of one ballot and simple majority, then at least we
should look at the mechanisms which exist for this vote to be exercised
because, unless the people participate in this electoral process, how
can
they express their views about the running of the society? How can they
have a clear conscience that they have exercised their vote wisely or
that
they have any control over the vote they exercise?
As
long as
the people are
marginalized, isolated from the world of politics, from the world of
governing
their own country, this will continue to be the case. The majority of
the
people are free to work and toil, but the extent to which they can
participate
in the political process, the decision-making regarding the policies
which
the governments adopt concerning economic, social, political, military,
cultural and environmental concerns, is nil.
Thus,
it is
our contention,
Mr. Chairman, that the main concern of the Electoral Act must be to
create
the possibilities for the individuals in society to develop their
ability
and enjoy all the constitutional rights and freedoms. The system of
elections
must therefore guarantee that restrictions are not imposed by law which
hinder the participation of the people in the electoral process.
The
issue
of the selection
of candidates is of such importance that, without it, elections are
rendered meaningless. The principle of participating in the process of
selecting candidates is based on the principle that people will defend
the decisions of their elected representatives because they have
selected
them. They have selected them on the basis of merit -- those who
together
with them participate in formulating policies and are pledged to follow
them. Furthermore, without the right of recall after the election --
that
is, the right to recall the elected members who betray their mandate,
who
do not represent the will of those who selected and then elected them,
then the people are also deprived of any power over their elected
representatives,
of any means to enforce their mandate.
Thus,
Mr.
Chairman, as long
as the Electoral Act does not provide the mechanisms for the people to
participate in the selection of candidates, the election of candidates
and the right to recall those who do not implement their mandate, the
people
will remain disenfranchised. These concepts are very important. They
are
fundamental to every society calling itself democratic, if, indeed,
words
are to mean anything at all.
It
is
therefore our opinion
that the state should finance no one. On the contrary, it should
finance
the process of selection of candidates so that all those people,
whosoever
wishes to present himself or herself as a candidate for election, first
presents himself or herself for selection and the state must fund the
entire
process. This means that it would be the responsibility of constituency
committees, established under the control of the Chief Electoral
Officer
of Canada, to ensure that the selection process is carried out
properly.
These constituency committees would be responsible for making
information
about every candidate who offers himself or herself for selection,
available
to everyone in the constituency. It would be responsible for organizing
debates and all-candidates meetings in which every candidate for
selection
is free to participate. Should the workers in a factory or other place
of work wish to select someone from their own ranks to represent them
in
the election, this too must be facilitated. It must be emphasized that
everyone would be free to participate in this process. Those who are
chosen
by their own political parties would also present themselves, at this
stage
in the electoral process, for selection. Then, the people of that
constituency
must in the end select no more than 3 people to run as candidates in
the
election.
The
point
to emphasize here
is that all the candidates chosen would be known quantities to the
people
of that constituency. No one could be parachuted in or dropped from the
skies, representing special interests which the members of that
constituency
did not approve of first. This is because every opportunity would be
afforded
the people of that constituency to select people they know and trust
and
who they would entrust to represent them. Those who are nominated as
candidates
may or may not be members of a political party, depending on the choice
of the constituents of that riding. One thing however, is for sure:
every
member of a political party would have to win the confidence of the
constituents,
debate the issues along with them, listen to their views, and so on,
which
is not the case today. The members of the political parties would be on
an equal footing with everyone else who seeks to present himself or
herself
for election. Whether a candidate has money or not, whether he agrees
or
disagrees with the views of particular political parties, no matter
which,
he has an equal opportunity to present himself or herself for election.
Only if the process of selection is financed through public funds, and
no public funds are made available to special interest groups,
including
the political parties, can this become a reality.
In
this
manner, Mr. Chairman,
the issues concerning the news media are also sorted out. The news
media
will also have to report on the developments within each riding --
which
people are presenting themselves, what information has been made
available
about them by the constituency organizations, what their views are, as
well as those of the electors, and so on. After three candidates are
selected,
then the election campaign of the three is also financed by the
constituency
committees on the basis of public funds. Finally, the election takes
place
and the constituency committees must continue their function of
ensuring
that the members of the constituency can exercise their right to call
their
elected member to account and recall the member should he or she, in
the
opinion of the voters, not implement the mandate with which he/she was
entrusted.
The
government,
then, would
be formed by members of the Parliament who have been entrusted to
govern
the country according to the will of the majority, with the Prime
Minister
and other Ministers elected by them, from amongst their midst.
This,
Mr.
Chairman, constitutes
our initial views on this very important issue -- providing a means
through
which the present system of one ballot-simple majority can effectively
ensure the participation of the masses of the working people in the
political
affairs of Canada. In conclusion, Mr. Chairman, we would like to stress
that while these constitute initial views in brief, we intend to
further
develop these views, using the various means at our disposal. Thank you
for your attention.
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