Nelson Sergerie, LJI Journalist
CARLETON-SUR-MER – On February 21, the Federal Court rejected the request by lawyer Alexis Deschênes and Droits collectifs Québec for judicial review of the decision of the Federal Electoral Boundaries Commission for the province of Quebec that eliminated the riding of Avignon–La Mitis–Matane–Matapédia on April 24, 2024.
In his 32-page ruling, Judge Sébastien Grammond stated that “The reasons given by the Commission to justify the elimination of the riding of Avignon–La Mitis–Matane–Matapédia were reasonable and consistent with the principle of effective representation developed by the Supreme Court. Indeed, the relative parity of electoral power is the essential component. The Commission was aware of the issues related to the size of the constituencies in rural or remote regions, but it was reasonable to conclude that these issues no longer justified the existence of a constituency whose population was nearly 36% lower than the average population of Quebec constituencies.”
The judge recalled the entire procedure that led the commission to develop its conclusions.
In his analysis, he added that “The Commission clearly understood the legal principles that governed its mission. It took into consideration the arguments presented to it during the public hearings. It retained certain suggestions that were made to it and it modified the boundary between the proposed constituencies of Rimouski–La Matapédia and Gaspésie–Les Îles-de-la-Madeleine–Listuguj in order to respect the boundaries of the MRCs. However, it maintained its recommendation to eliminate the constituency of Avignon–La Mitis Matane–Matapédia. Although the applicants disagree, this is a reasonable decision. I was not convinced that the Commission made the errors that the applicants accuse it of,” continued Justice Grammond. He also ordered the applicants to pay $6,000 to the Attorney General and $2,000 to Elections Canada for costs, including taxes and expenses.
“When you file a judicial review, you analyze the decision made by the commission and conclude that the decision is unreasonable. It is always a very difficult remedy to obtain because the judge could be of the opinion that the decision is not the best, but the burden is higher. The judge had to decide whether the decision was reasonable. And that is what he concluded,” responded Mr. Deschênes after reading the decision.
An appeal is not out of the question. “The fight is not over and we will continue to fight for the political weight of our regions. We will analyze the possibility of appealing the judgment. We have 30 days to do it. And if I am elected, I promise to bring this battle to the political stage and, as an MP, to introduce a bill that will aim to protect Quebec’s political weight and ensure better representation of the regions in Ottawa,” says the Bloc candidate for Gaspésie-Les Îles-de-la-Madeleine-Listuguj in preparation for the next election.
Even if an election is held under the new electoral map, it could still be reversed. “It’s an outcome that is possible. Of course it takes a little time, but it’s not impossible,” says Mr. Deschênes.
The hearing took place on February 5. The judge had indicated that a decision would be made quickly due to the potential for an imminent federal election.