An Alberta judge has ruled a provision in Canada’s laws that requires people wanting to run for Parliament to first make a $1,000 deposit is in violation of the Canadian Charter of Rights and Freedoms.
This week, Madam Justice Avril Inglis ruled in the case of Szuchewycz v Canada. Kieran Szuchewycz, of Edmonton, tried to run as an independent candidate in then-Prime Minister Stephen Harper’s riding of Calgary-Heritage in the 2015 federal election.
Szuchewycz’ application was refused and he took the federal justice department to court, arguing three sections of the Canada Elections Act were unconstitutional, including the required $1,000 deposit from people wanting to run in elections.
In June, the Court of Queen’s Bench of Alberta heard Szuchewycz’s case. He argued the deposit violated section three of the Charter, which says: “Every citizen of Canada has the right to vote in an election of members of the House of Commons or of a legislative assembly and to be qualified for membership therein.”
Szuchewycz provided proof of his income and said he was married with a child an lived on about $2,000 a month. While he said he could have paid the $1,000 deposit, it would been a serious challenge for his family to have him do so. He also argued the money might be needed by a candidate to help fund their campaign.
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Szuchewycz also challenged the constitutionality of two other provisions of the Canada Elections Act: that nomination papers include names, address and signatures of at least 100 potential voters in an electoral district that were gathered in front of a witness, and that nomination papers should be filed with the returning officer in the electoral district where the person is seeking a nomination. He also acknowledged he understood the deposit is aimed at weeding out candidates who aren’t serious, but worried it could deter potentially serious candidates who don’t have a lot of money from running. He also argued it would not deter wealthy people who aren’t serious about running from filing nomination papers.
Inglis dismissed the other challenges.
“I conclude that only the Deposit Requirement Provision of the Act is in breach of the Charter right of each citizen to be eligible to participate meaningfully in the electoral process as a candidate,” she said in a ruling posted on Wednesday.
Inglis declared the provision requiring the $1,000 deposit is “of no force and effect.”
“In my view, the impugned Deposit Requirement Provision, prima facie, imposes limits and disadvantage on some potential candidates,” Inglis wrote in her ruling.
“We will review this decision and determine the impact on our processes,” Elections Canada told Global News in response to the judge’s ruling. “Elections Canada implements the decisions of the courts.”
The federal Ministry of Justice did not respond to a request for comment.
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