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ARTICLE · 02 SEPTEMBER 2025

Political Or Judicial: Insights From Fair Voting BC v. Canada (Attorney General)

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The Ontario Court of Appeal recently released its decision in Fair Voting BC v. Canada (Attorney General) (2025 ONCA 581).

CanadaLitigation, Mediation & Arbitration
Peter Mantas
Peter Mantas
Alexandra Logvin
Alexandra Logvin
Clive Ngan
Clive Ngan
Gabrielle Cyr
Gabrielle Cyr
Sébastien Cyr
Sébastien Cyr
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The Ontario Court of Appeal recently released its decision in Fair Voting BC v. Canada (Attorney General) (2025 ONCA 581).

Fair Voting BC, supported by Springtide Collective for Democratic Society, launched a constitutional challenge to Canada's "first-past-the-post" electoral system, arguing that the Canada Elections Act (SC 2000, c 9) provisions establishing the system violate sections 3 (the right to vote) and 15(1) (equality and non-discrimination) of the Canadian Charter of Rights and Freedoms (the "Charter"). Fair Voting BC claimed that Canada's longstanding electoral system produces unfair and arbitrary outcomes, discriminates against small parties, and contributes to the underrepresentation of women and minorities in Parliament.

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