The Plan

Our Goals:

1. To have the court rule that our current voting system contravenes the Charter

2. To have the court order the government to adopt a voting system that complies with the Charter

Any charter challenge has four main steps:

1. Filing a notice of application (2019)

2. Holding a first hearing (Superior Court) (2023)

3. Appealing (or defending) the first decision (Court of Appeal) (in process)

4. Appealing or defending the appeal decision in the Supreme Court of Canada (TBD)

Our work to date, and the plan going forward

The steps of the case are listed below along with a brief description. In addition to the legal fees, the noted costs also include the estimated costs of managing and overseeing the work on the case, as well as continued communication with donors, prospective donors and the media. As we reach each stage, we'll update our estimates to reflect more accurate projections of the costs involved.

Retaining Counsel, and Initiating a Public Awareness Campaign - (2017-2018)

With the support of roughly 500 donors, who collectively contributed roughly $45,000, we were able to retain a lawyer, and build a public awareness and fundraising campaign for the work to follow. Nicolas Rouleau is an experienced constitutional lawyer who has fought and won cases before the Supreme Court. In the fall of 2018, he delivered a strategic plan offering his guidance on how our case can best be argued.

Preparing the Notice of Application - (Fall 2019)

$70,000 was raised from generous Charter Challenge donors. We used these funds to file a notice of application with Ontario Superior Court of Justice in October 2019.  

Expert Evidence for Filing (Spring 2021) 

We also used these funds to prepare our main affidavits and our expert evidence package, which we served to the government in May 2021. 

Prepare for Cross Examination & Response Affidavits (Fall 2022) 

Once evidence and a response from the government was received, Charter Challenge lawyer, Nicolas Rouleau worked on the cross-examinations and response affidavits. Donors contributed $35,000 to cover this stage of the work.

Filing the Factum (Spring 2023) 

Once we received the government’s evidence, we replied to it, and our lawyer drafted our factum (the written argument we provided to the courts prior to the hearing). Click here to read the full factum

First Hearing - (The case was heard September 26 - 28, 2023)

We argued our case in the Ontario Superior Court in Toronto in September 2023. The funds raised covered the time spent in preparing for, and conducting cross-examinations of witnesses from both sides of the case, responding to government evidence, addressing government motions, preparing the factum, and otherwise attending to issues arising necessary to make a strong case.

CURRENT STAGE: Preparing for First Appeal - (Scheduled for Nov 2024)

Justice Ed Morgan issued his ruling on Nov 30, 2023. Unfortunately, he dismissed our application. We filed our Notice of Appeal on Dec 29, 2023 and submitted our factum (written arguments) in April 2024. We are scheduled to be heard in the Court of Appeal for Ontario in November 2024.

Application for Leave to Supreme Court - (Date TBD)

Regardless of what happens at the Court of Appeal, we anticipate that, due to the significance of this case, the losing side will apply for leave to appeal to the Supreme Court of Canada. The SCC will review the application and decide whether or not to hear the case.

Final Appeal to Supreme Court - (Date TBD)

If the case is granted leave, it will be heard at the Supreme Court, and the decision of the Supreme Court will be final.


We invite you to join the over 1400 Canadians who are supporting this Charter Challenge 

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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.