Law Times

Page 6 November 19, 2018 • Law Times www.lawtimesnews.com Elections process makes Canada proud BY KADY O'MALLEY A few months back, I confessed to what is, for a parliamentary wonk, an almost unforgiveable weakness; namely, a shameful but implacable envy of the United States congressional committee system. However, when it comes time to watch our southern neighbours head to the polls to choose the representatives who may eventually fill the seats around those committee tables, those pangs of disloyalty don't just fade away but are forcibly evicted by an all-encompassing glow of smugness shared, I suspect, by more than a few Canadians, at the obvi- ous, indisputable and almost cartoon- like superiority of our electoral process. In Canada, it starts with the ballots, of course — made of paper, not pixels, and dropped into real, non-virtual box- es to be counted — and, if necessary, re- counted — by human beings. But it goes so much deeper than that. We have strict — and strictly moni- tored — limits on how much a party or candidate can spend on the campaign trail, as well as similarly rigorous caps on contributions and detailed disclosure rules. Instead of a hodgepodge of state and local authorities, we have a single arms-length central election agency that doesn't just oversee the vote but en- forces the laws, while also running voter outreach and education programs. We even have detailed rules on publishing opinion polls during the campaign and an outright ban on media in any room where voting is taking place, although they're allowed to film from the door "as long as they do not impede voters or compro- mise the secrecy of the vote." When Canadians collectively exer- cise their federal franchise rights, the resulting E-day media coverage isn't dominated by panoramic shots of voters lined up around the block. For most people, there's no line at all — and if there is, it usually moves fairly briskly — and our voter registration sys- tem has multiple built-in checks and bal- ances to give those with the legal right to vote every possible opportunity to do so, even if they don't have a home address or photo ID. Perhaps most crucially, for the most part, it seems like Canadians, by and large, have a remarkable faith in the underlying integrity of the system. That, in an admittedly oversized nutshell, is why it worries me when I see poli- ticians turn their partisan sights on Elections Canada — or the electoral system it- self. It's the glib assertion that, without more stringent ID rules and registration requirements, tens of thousands of valid votes will be uncer- emoniously cancelled out by fraudulent ballots cast by felons, illegal immigrants and other ineligibles — a theory that seems to be an article of faith for many Americans — or that shadowy, foreign- funded entities may be infiltrating our democratic system by funnelling cash to compliant shells run out of Canadian post office boxes. While nowhere near as prevalent a phenomenon up here as on the Ameri- can hustings, we've seen a slow but steady uptick in such strategic fearmon- gering on the federal political front, par- ticularly when potential changes to the election laws are on the table, as is the case right now with the Liberals' omni- bus bid to undo many of the most con- tentious measures brought in under the then-Conservative government's Fair Elections Act. In no way am I suggesting that oppo- nents of the proposed rewrite shouldn't voice their concerns — that, too, is an essential element of our democracy, as well as the primary function of the par- liamentary system. At the same time, surely there's a way to raise those issues without running the risk of eroding the legacy of public trust that has taken Elections Canada nearly a century to build up. When it comes down to it, all politi- cians have a vested interest in bolstering confidence that our elections are run in a manner befitting a country founded on peace, order and good government. For that reason alone, they should resist the urge to engage in fear-mongering that could ultimately cast a shadow over their own — and their parties' — demo- cratic credibility. LT uKady O'Malley is a member of the parliamentary press gallery in Ottawa and writes about politics, procedure and process for iPolitics. She also appears regularly on CBC television and radio. 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Karen Lorimer Managing Editor . . . . . . . . . . . . . . Jennifer Brown Editor . . . . . . . . . . . . . . . . . . . . . . Gabrielle Giroday Staff Writer . . . . . . . . . . . . . . . . . Anita Balakrishnan Copy Editor . . . . . . . . . . . . . . . . . . Patricia Cancilla CaseLaw Editor . . . . . . . . . . . . . . . . Laura Crawford Art Director . . . . . . . . . . . . . . . . . . . Phyllis Barone Production Co-ordinator . . . . . Jacqueline D'Souza Electronic Production Specialist . . . Derek Welford Under pressure T he Ontario legal community has expressed a significant amount of dismay about the closure of three Pro Bono On- tario legal help centres in Ottawa and Toronto, with heavy hitters such as former Supreme Court of Canada Chief Jus- tice Beverley McLachlin voicing support for their continued exist- ence. "Access to justice is the most important challenge that our justice system faces today," says McLachlin in a video posted to Twitter that made the rounds. There has been sustained online activity regarding the closure of the centres, and the topic has emerged as a political hot button. So far, the Law Society of Ontario and the federal gov- ernment have been notably low key about jumping into the fray to offer to fund the $500,000 that would be required to keep the centres open next year. In fact, the Ontario government has explicitly stat- ed it would not be financially supporting the centre beyond its prior commitments. "The Ministry of the Attorney General has provided Pro Bono Ontario with rent-free space worth $580,000 at courthouses in To- ronto and Ottawa, and is prepared to continue to make that rent-free space available to it," according to a statement from Ontario Attorney General Caroline Mulroney. "The attorney general and officials from the ministry have met with Pro Bono Ontario three times since July of this year to encour- age Pro Bono Ontario to work with its private sector partners, Legal Aid Ontario, the Law Foundation of Ontario and the Law Society of Ontario to find solutions to its long-term funding issues." Now, the private sector has stepped up, raising $150,000 in 10 days, as Law Times reports. Howev- er, what has yet to emerge is a proposal for a longer- term solution for sustainable funding for the centres. With bencher elections on the horizon, the is- sue is certainly due to heat up further in the On- tario legal community, not die away. A solid plan is needed. LT The Hill Kady O'Malley Kady O'Malley

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