electoral map

The Act suspending the revision of the electoral map remains valid… for now

Nelson Sergerie, LJI Journalist

GASPÉ – The Superior Court is not suspending the Act adopted by Quebec that put the revision of the Quebec electoral map on hold. 

However, Judge Annie Breault of the Superior Court of the District of Terrebonne partially grants the interlocutory injunction requested by elected officials from the Laurentians, and Central Quebec, ordering the Commission de la représentation sur la carte électorale to continue its work. 

“When you look at the first reading, you would have the impression of having lost. But, honestly, the Act that stopped the revision of the electoral map remains in force. The only thing the judgment says is that the Commission de la représentation électorale can finish its report. Period. And it (the Commission) must keep its report secret and not submit it to the National Assembly,” comments the mayor of Gaspé and spokesperson for the file for the Gaspé Peninsula Table of Prefects, Daniel Côté. 

He is listed as a respondent in the request filed for the table to be an intervening party in the debate. 

The elected officials of the Laurentides and Centre-du-Québec regions have filed a legal action against the Director General of Elections of Quebec and the Attorney General of Quebec to have this law revoked and for the process of revising the electoral map to resume. 

On May 2, the National Assembly of Quebec, in a unanimous vote, adopted the Act to interrupt the process of delimiting electoral districts. 

The group of MRCs pointed out that the electoral map on the table was then highly detrimental to the principle of effective representation, directly affecting the representation of Gaspésie in the democratic institutions of Quebec. 

The group made representations before the court on November 28 to become a stakeholder in the case. 

“I assume that the decision that was rendered does not add much more. We could ultimately qualify it as a kind of first victory for our region, even if upon reading the judgment, one might think otherwise. The only victory for our counterparts in the Laurentians and Central Quebec is that the Chief Electoral Officer has the right to finish his report, but must keep it to himself,” analyzes Mr. Côté, who is also a lawyer. 

The court, therefore, allows the Chief Electoral Officer to complete his work and eventually file his second report as provided for in the electoral law if the court were to rule that the Act adopted in May to suspend the electoral law was invalid. 

“This is how we are preserving the two Gaspésie ridings, at least for now. There will be a trial on the merits of the matter and a decision will be made in the coming weeks or months. At the same time, in the National Assembly, we continue to believe that the government is doing the work promised, that is to say, to thoroughly review the electoral law. If a new version arrives somewhere in the spring, the appeal will become unfounded,” mentions the elected official from Gaspé. 

He hopes that the law will include the concept of elective representation with criteria such as geographic extent or belonging to a territory. 

“If the law provides for these elements, we could achieve our ends and end the debate,” he believes. 

The pressure is now on the Parliamentarians to resolve the matter quickly. Mr. Côté also adds that the elected officials unanimously resolved to review the electoral law. “If they agreed that the current electoral law should be reviewed, I dare to hope that they will agree on a new law quickly rather than letting the judiciary do the work of the legislator,” he says. 

“For a region like ours that already suffers from democratic underweight, it becomes one of our priorities to have a law that will respect the Gaspé reality and that will ensure us two votes in the National Assembly rather than one,” analyzes Mr. Côté. 

Could the Gaspé Peninsula or the other two regions appeal? 

“The court came to split the difference. It did not say a categorical ‘yes’ to one party and a categorical ‘no’ to another party. Our colleagues wanted the process to resume. A small part can resume. For our part, we wanted the law that suspends the overhaul of the map to remain in force. For us, it is also a bit of a victory,” says the mayor. 

Prosecutors and elected officials from the prefects’ table will be consulted to see if an appeal could be possible, but Mr. Côté doubts that the Gaspésie will go in this direction. 

Recall that the commission suggested merging the counties of Gaspé and Bonaventure, grouping the MRCs of Côte-de-Gaspé, Rocher-Percé, Bonaventure and Avignon, to create Gaspé-Bonaventure, while Haute-Gaspésie would be transferred to the riding of Matane-Matapédia, a Lower St. Lawrence riding. 

As of April 30, 2023, Bonaventure had 35,898 voters and Gaspé had 30,131, far from the minimum threshold planned. The gap was -29.2% and -40.6% respectively. Gaspé was ranked third among the least populous ridings, behind the Magdalen Islands, which has an exceptional status, and Ungava. 

According to projections of the number of voters based on data from the Institut de la statistique du Québec, the gap with respect to the average for Gaspé should soon surpass that of Ungava. 

In 2017, the commission maintained the negative exceptional status for Gaspé and granted the same status to Bonaventure. However, since the inequalities in representation of these ridings are increasing, the Commission did not wish to renew this status. 

In addition to removing a riding in the Gaspésie, the Commission suggested doing the same thing in Montreal, while creating a riding in the Laurentians and another in Central Quebec.

The Act suspending the revision of the electoral map remains valid… for now Read More »

The Gaspé Peninsula will be heard in the legal debate on the provincial electoral map

Nelson Sergerie, LJI Journalist

GASPÉ – The Gaspé Peninsula will finally be heard in the challenge of elected officials from the Laurentians and Centre-du-Québec who are seeking to cancel the law that suspends the process of reforming the electoral map. 

The court accepted the request of the elected officials of the region during a hearing in Saint-Jérôme, in the Laurentians, on November 27. 

“The court accepted that the Gaspésie be an integral part of the upcoming judicial start. It was the first fight that we had to give. We received 100% of what we asked for: we wanted a so-called conservative intervention. That is to say, to be able to produce evidence and hear witnesses when we get to the debate on the merits,” explains Daniel Côté, spokesperson for the electoral map file for the Table des préfets de la Gaspésie. 

Mr. Côte who is also the mayor of Gaspé points out that the proposal for the new electoral map would result in the Gaspésie losing a riding. 

“I have nothing against Drummondville, but the new map would give the city of Drummondville and the surrounding villages three members of the National Assembly while Gaspésie would only have one member. That’s what doesn’t make sense in the current debate,” says the mayor, who once again refers to effective representation, a principle that is not defined in the electoral law. 

“That’s what the Carter decision of the Supreme Court said in 1991: it’s about something other than one voter, one vote. It is also the geographical area, the administrative boundaries, belonging to the territory, and access to the members of the National Assembly. This is the kind of thing that must be taken into account and the electoral law should be written down in black and white. I think that is what the National Assembly wanted to do by suspending the process,” Mr. Côté adds. 

According to him, the judge who heard the case was a great listener and understood the issue. “In her opinion, not hearing from Gaspésie didn’t make sense. Just being heard by the court, being able to support an argument that will probably support that of the Attorney General of Quebec by providing regional insight, will give a boost to the debate,” he believes. 

The hearing on the merits will likely be held next May. “This is the kind of constitutional case that could end up before the Court of Appeal or the Supreme Court. It could happen that we have years of legal debate,” says the mayor. 

The elected officials of the Laurentides and Centre-du-Québec were requesting, while waiting for the substantive debate, an interlocutory injunction to suspend the Act that suspended the revision of the map. 

A decision could be rendered soon on the injunction or the judge will give the time when she plans to do so. 

“If the judge does not grant the interlocutory injunction, we will wait a few more months before having a legal debate. This is time gained for the National Assembly to consider the revision of the Election Act,” continued the mayor. 

On May 2, 2024, the National Assembly of Quebec, in a unanimous vote, adopted the Act to interrupt the process of delimitation of electoral districts. 

The commission suggested merging the ridings of Gaspé and Bonaventure, bringing together the MRCs of Côte-de-Gaspé, Rocher-Percé, Bonaventure and Avignon to create Gaspé-Bonaventure, while Haute-Gaspésie would be transferred to the riding of Matane-Matapédia in the Lower St. Lawrence region. 

The Gaspé Peninsula will be heard in the legal debate on the provincial electoral map Read More »

Avignon-La Mitis-Matane-Matapédia abolition contested – not before 2025

Nelson Sergerie, LJI Journalist

GASPÉ – The judicial review request following the decision to abolish the federal riding of Avignon-La Mitis-Matane-Matapédia will not be heard before the beginning of 2025 according to a report by Droits collectifs Québec following a management conference on July 25.

The judge asked the attorney for Droits collectifs Québec, François Côté, to file his brief on August 16.
“The case is continuing but, unfortunately, for a hearing in the fall, hopes have been dashed out of hand by the length of the legal proceedings,” explains Mr. Côté. The Attorney General of Canada contested Droits collectifs Québec’s right to act, a motion that Justice Alexandra Steele dismissed in July.

Thus, the Attorney General and Elections Canada will have until November 15 to file their complete case to defend the abolition of the riding.

“We must file a request for a hearing by November 29, 2024, at the latest. We have completed our steps and the ball is now in the court of the Attorney General and Elections Canada,” said Mr. Côté.
“I don’t expect to get through (to be heard) before November 29, even with a miracle. I would be surprised if there were dates available between November 29 and December 31. We are heading towards something a little later than I had hoped,” notes the lawyer.

In the event of an early election call, the application for judicial review may not have been heard. Voting is scheduled for October 2025.

“We can only find it unfortunate that the courts did not uphold our request for a stay during the proceedings. If we find ourselves in a situation where we win our case while an election is called, there are questions to be asked about the speed and manner in which the rights of voters will be guaranteed by the Attorney General and Elections Canada. For the moment, we are in a hypothetical situation. We will hope for a resolution in the best-case scenario and everything is going well,” says Mr. Côté.

The application for judicial review is based on an opinion rendered by the Supreme Court of Canada referencing the Provincial Electoral Boundaries in Saskatchewan and the Electoral Boundaries Readjustment Act.

“The basic argument is that of effective representation and effective representation is not just a question of numbers. Regions, communities, geographic areas and regional histories also matter. If we only had a system with one head, one vote, we would have a democracy where the large metropolises have all the political power, which means that the less dense regional entities could not make their voices heard in a democracy,” argues Mr. Côté.

“Our parliamentary system tries to balance the two by having a system based on the right to vote, but which also takes into account the regions, the regional specificities, so that the diversity of everything that makes up a society does not only take into account the simple number of the population, but also its variety,” he maintains.

The adopted map presented in the summer of 2022 provoked an outcry from the entire political community in the Gaspé Peninsula.

Avignon-La Mitis-Matane-Matapédia abolition contested – not before 2025 Read More »

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