Date: Sun, 29 Jun 2003 21:17:36 -0700 (PDT)
From: Supercyborg <demonstran16-AT-yahoo.com>
Subject: Re: [postanarchism] Supreme Court backs fringe parties 


Une victoire d'étourdissement pour les communistes canadiens 
Supercyborg

Joshua Synenko <jsynenko-AT-accessv.com> wrote:
A stunning victory for the Canadian Communists.

comrade Josh


__________________________________________________
http://www.cbc.ca/stories/2003/06/27/election_law030627
Supreme Court backs fringe parties
Last Updated Fri, 27 Jun 2003 21:45:44

OTTAWA - Fringe parties will find it easier to get their names on ballots
and to raise money following a Supreme Court of Canada decision Friday.

In a 6-3 decision, the country's highest court agreed with arguments from
the Communist Party of Canada that requiring small parties to field at least
50 candidates to qualify for key electoral and financial benefits is
unconstitutional. 

However, the court suspended its judgment for 12 months to give the federal
government a chance to rewrite the Federal Elections Act.

The law says parties must meet certain requirements to be registered as
political parties, such as the 50-candidate minimum.

The Communists have operated as a political party in Canada for years, but
fell below the 50-constituent threshold in the 1993 federal election. A
legal challenge was successful at the trial court level in 1999, but the
Ontario Court of Appeal overturned that ruling.

The relevant section of the Charter of Rights and Freedoms is Section 3,
which says every citizen of Canada has the right to vote in an election of
members of the House of Commons or a legislative assembly.

"Withholding the right to issue tax receipts and to retain unspent election
funds from candidates of parties that have not met the 50-candidate
threshold undermines the right of each citizen to meaningful participatation
in the electoral process," wrote Justice Frank Iacobucci for the majority.

The minority opinion held that the law did violate the Charter, but that the
infringement was justifiable.

"The values furthered are consistent with some of the fundamental principles
of a free and democratic society and favouring large parties may not be
discordant with those principles," wrote Justice Louis LeBel.

Comment from the government or the Communist party wasn't immediately
available.



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