The Association for the Advancement of Democratic Rights
Our goal is to allow all citizens to participate meaningfully in the election of their governments.
In a decision rendered on the 13th of September, 2011, the Quebec Court of Appeals rejected the request to have the electoral system invalidated.
The request for Appeal to the Supreme Court of Canada is being prepared and must be submitted by the 12th of November. The Attorney General of Quebec will then have a 60 day period in which to contest our Appeal.
In the Appeal Court’s decision, Judge Dufresne stated that the Judge in the first trial had erred in stating that the case represented an essentially political question and not a legal one. That is the only tangible gain that we’ve gotten from the Appeal Court’s decision.
The decision to appeal stems partly from the fact that we don’t feel that the constitutional validity of the current electoral system has not been addressed in the decision rendered.
Our expert witnesses demonstrated that the current electoral system produces a level of distortion between the popular vote and the distribution of seats that surpasses all others in the Western world. Nonetheless, just as Judge Lefebvre, Judge Dufresne did not mention this in his decision. The level of distortion between the popular vote and the distribution of seats varies from election to election without there being any minimal guarantee of representation. How far can these distortions go before they are deemed unacceptable?
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