In an ironic twist worthy of Shakespeare, the Communist Party of Canada has become the hero of bourgeois liberal democrats across the country by convincing an Ontario Court judge to declare certain sections of the federal elections act unconstitutional.

Justice Anne Molloy, of Ontario Court, general division ruled March 11 that the law - which disbands any political party unable to run at least 50 candidates in a general election - violates the Charter of Rights and Freedoms.

"[This decision is] not only a sweet victory for our party and a vindication of what we have gone through," CPC leader Miguel Figueroa told a Parliament Hill news conference Tuesday. "It's also a victory for all small parties who have had to face the discrimination and the draconian aspects of the Canada Elections Act."

Introduced in 1993 in the last days of Brian Mulroney's government, the sections of the election act in question allowed the government to confiscate the assets of any disbanded political party. The amendments received only 15 minutes of debate in the House of Commons and were supported by all five parties.

For the CPC, which could only muster eight candidates in the 1993 federal election, the act meant the loss of its official party status and the forceful liquidation of its small fiscal reserves, about $1,113.

The 1993 election also saw the elimination of the Parti Rhinoceros, the right-wing Social Credit Party of Canada and the Confederation of Regions Western Party.

Despite the Ontario Court's ruling, Ottawa isn't changing its tune just yet. Minister of State Don Boudria told Canadian University Press he's considering appealing Molloy's ruling.

"We think the government's original position is correct and we're studying whether we will appeal all, most or some of the aspects of Justice Molloy's ruling," he said.

"The issue of seizure of assets is appropriate because taxpayers partly subsidize these assets," added Boudria.

The requirement of at least 50 nominations is also reasonable and justifiable, he said.

The federal government has until mid-April to challenge the ruling. But Figueroa says the Liberals' defence of the defeated sections of the act is irrational.

"The vast majority of small parties, including the CPC, do not receive funding from the public space," he said. "If anything, it's the larger political parties that receive millions of dollars in funds directly in terms of expense remuneration for election campaigns."

Opposition parties also attacked the Grits for considering an appeal.

"This has gone far enough," said New Democratic Party MP Libby Davies. "This is clearly not in the public interest to have these kind of rules exist. They are very discriminatory. They are very anti-democratic."

Reform Party MP Ted White, also present at the news conference along with Green Party spokesman Richard Briggs, said he wouldn't be surprised if the government appealed the ruling.

"Unfortunately, the present government has a history of appealing these sorts of decisions all the way to the Supreme Court, even when they know that something's wrong," White said.

[back to the top]

[back to issue 11]