October Update - Charter Challenge

We are pleased to share an update on the Charter Challenge case. I’ll start this Charter Challenge update with a bit of housekeeping. As you likely know, Mark Coffin has moved on as the Executive Director of Springtide and the Board of Directors has formed a working group to focus solely on the Charter Challenge. That’s where I come in! Along with Antony at Fair Voting BC, I'll be the conduit between our legal team, the working group and our donors and supporters. You can learn more about me here -- It’s very nice to e-meet you all and to kick off the fall with a positive update! 

There have been many exciting developments in the Charter Challenge since we last shared an update! In August we introduced our first expert witness, Columbia University Professor Nadia Urbinati, whose affidavit outlines how first-past-the-post hinders the ability of Canadians to have a meaningful voice in government. As we speak, we have several additional experts preparing their affidavits and we can’t wait to share them with you. Their testimony explores the ways in which our voting system fails to deliver representation, how it discriminates against women and visible minorities, and why politicians are in an inherent conflict of interest regarding change. We are on schedule to file these affidavits later this fall. 

In the meantime, the Challenge is garnering some media attention. University of Toronto Professor David Beatty shared his thoughts and perspective in the Globe and Mail on September 21st. He stated that “[the] case is a classic example of how Charter challenges can make government more democratic. It is a powerful way of making sure politicians do their jobs.” and he offered the suggestion that Prime Minister Trudeau “fast-track” the Challenge to the Supreme Court. Also of note, he indicated that “the challenge to the Canada Election Act should be big news. Its chances of winning are very good.” Prof. Beatty’s piece sparked even more dialogue with a rebuttal in the National Post. These are all indicators that the electoral reform conversation is alive and well in Canada, and we’ll need all of your voices to amplify the Challenge as we move forward.

Next steps

Our goal is to file all of the evidence by the end of this year, and we’ll be introducing the remaining expert witnesses at that time. Following the filing, the timing largely depends on the courts and the response-time of the government. We’ll keep you updated by hosting another webinar with Nicolas to share more details and answer questions. Of course, we’ll require support from you and other donors to continue advancing the case. We’ll have more details about the level of support required in our next update.

We have some exciting milestones coming up, and we’re looking forward to your continued support and enthusiasm for the Challenge. You can expect regular quarterly updates from us going forward, with the occasional off-cycle update when we have important news to share. 

Sincerely, 

Jesse Hitchcock & Antony Hodgson 

On behalf of Springtide and Fair Voting BC

PS: Many of you continue to support the case as monthly donors - thank you!  You can join them and contribute to the case for as little as a dollar a month here. All monthly donations are held to support future stages of work on the case. Current donors can adjust their monthly donation amount by emailing [email protected]

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Stay tuned to this blog for updates on electoral reform and the Charter Challenge for Fair Voting.

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  • Jesse Hitchcock
    published this page in Blog Updates 2020-10-21 12:23:51 -0300


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Key Events in the Case:

  • We're currently waiting for our appeal to be heard (scheduled for Nov 2024)
  • We submitted our appeal factum in late April 2024.
  • We filed our Notice of Appeal on Dec 29, 2023.
  • Justice Ed Morgan issued his ruling on Nov 30, 2023 and unfortunately dismissed our application.
  • The case was heard September 26-28, 2023 in the Ontario Superior Court.
  • We received the government's affidavits in late Fall 2022.
  • We served the government with our affidavit and evidence package in May 2021.
  • We filed the case with the Ontario Superior Court in October 2019.

How you can help

The main way you can help is to support the case financially. We are now raising $30,000 to support our preparations for filing a leave to appeal to the Supreme Court of Canada (spring 2025). You can support the case for as little as a dollar a month.

What to expect

At each step, we set a donation goal based on our estimate of the costs for the next stage of the process, and invite our supporters to contribute towards that goal to ensure the case can continue to move forward.