Nelson Sergerie, LJI Journalist
GASPE – On February 3, the application for judicial review challenging the decision to abolish the federal riding of Avignon-La Mitis-Matane-Matapédia was heard before the Federal Court.
On January 22, Droits collectifs Québec received the court summons to present legal arguments, which are expected to take the entire day, as both parties filed their briefs last fall.
“There will be exhibits, factual elements, but above all, it will be a major legal debate on whether the voters of Gaspésie have the right, in the name of the principle of elective representation, to have their own riding or not. This is the issue that will be debated before the courts and that will be decided later, quickly, we hope, by the Federal Court,” notes attorney François Côté for Droits collectifs Québec.
The application for judicial review is based on an opinion given by the Supreme Court of Canada in the Saskatchewan Provincial Electoral Districts and Electoral Boundaries Readjustment Act Reference.
“We ask ourselves whether democracy and life across a state is only a matter of absolute numbers or is there such a thing as regional interests, that local particularities deserve to have a distinct voice even though numerically, they would not be on par. And the answer to this question for more than 300 years in our modern democracies is ‘yes, they do,’” argues Mr. Côté.
In the debate, regions, communities, geographic areas and regional histories also play a significant role.
However, the Attorney General of Canada, in his factum, argues for numerical parity. “The argument of the Attorney General of Canada and Elections Canada is numerical parity. In theory, the argument is not without validity in an absolute world. If you have 100 voters for one MP (Member of Parliament) while in another riding, you have 50 voters for one MP, the voters in the second riding have twice as much power. This is the calculation made by the Attorney General and Elections Canada: the population density of the Gaspésie does not justify having so many ridings,” says Mr. Côté.
The prosecutor notes that at the provincial level, Quebec backed down on its electoral map revision and maintained the riding of Gaspé for the moment with the same concept of elective representation.
The adopted map that was presented in the summer of 2022 provoked much protest from the entire political class in the Gaspé Peninsula.
Avignon and Matanie are sent to the new riding of Gaspésie-Les-Îles-de-la-Madeleine-Listuguj while Matapédia and Mitis are in Rimouski-La Matapédia.
The Federal Court had not granted a stay to maintain Avignon-La Mitis-Matane-Matapédia pending a decision on the merits. With elections likely in the spring, the matter remains urgent.
“Given the urgency of the situation, we made it clear to the Federal Court. We made representations. Everyone understands that there is an imperative to decide the matter quickly. We hope that the deliberations will not take too long. With a hearing on February 3, we can hope for a judgment before the election is called,” says the prosecutor.
The possibility of filing an urgent motion remains if circumstances require it.
“Initially, we filed a stay that was refused by the court because we did not meet the urgency criterion. However, as soon as an election is called, it would be possible to obtain a stay during the deliberations. The option is always there,” he believes.