Wednesday, December 13, 2006

Vote this down

Now this is Stephen Harper's kind of democracy: a Senate plan which would set up a federally-run "consultation" vote while allowing him to ignore any results that he doesn't like. But if PMS really wants to try to use the machinery set out for a referendum to run Senate election, it's worth noting just how much of a departure that is from current law on referenda.

After all, the Referendum Act is very clear as to what types of questions can be put to voters:
5(3) A referendum question shall be so worded that each elector may express an opinion on the question by making a cross or other mark after the word “yes” or “no” on the ballot paper.
Needless to say, that type of structure couldn't be much worse suited for a choice among candidates (whether in a single-choice ballot or even a preferential one). About the only way to try to adapt it would be either to create a highly forced wording (e.g. "Do you support the appointment of X to the Senate?" for each candidate on a ballot, with no relation between a voter's answer for different candidates), or to completely rework the current Act where other procedures are likely adapted for the "yes/no" structure.

Which signals the reality that Canada's referendum legislation simply isn't intended to be used for Harper's intended purpose. And while it's possible to set up yet another federal voting format to accompany our current legislation on referenda and elections, that seems a highly artificial creation - particularly when the apparent intent is to avoid the binding outcome of an election.

Having figured out that the provinces aren't interested in funding his exercise in selective democracy, PMS has apparently decided to try to impose his will federally instead. But there's no reason to think either that such a change is desired by Canadians, or that it's the least bit logical within our current legislative structure.

(Edit: typo.)

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