Background
On Thursday December 21, 2006 after the parliamentary session was closed for the Christmas break, Stephen Harper's Tories quietly refiled their controversial 2005 financial statement to Elections Canada. One day later, the Chief Electoral Officer of Canada, Jean-Pierre Kingsley resigned, dispatching only a short letter to the Speaker of the House. Prime Minister Harper did not announce Kingsley's resignation until a week later by press release.
While the details surrounding Kingsley's abrupt resignation remain a mystery, Harper's decades-long battles and personal attacks waged against Jean-Pierre Kingsley and the legislation enacted to curb the power and influence of big money in our elections are of public and historic record.
PART 1 - Harper goes to court against Canada
Elections, the Levers of Democracy
The most important levers of democracy are elections -- free, fair and transparent elections. From campaign funding controls, management of voters lists through to vote counting, on a world stage, Canada's professional and technical expertise is election planning and delivery is second to none. Since 1980, Elections Canada has organized some 400 international democratic development missions in 100 countries around the world, the bulk of the missions occurring under the stewardship of Jean Pierre Kingsley, Chief Electoral Officer (CEO) of Elections Canada.
While American political processes over the past few decades have been mired in money, malfeasance and even murder, Canadian political campaigns and elections by contrast have been cited as a shining example of how should funded and conducted. In spite of the recent McCain-Feingold Campaign Finance Reform bill enacted by the US Senate in 2002, loop holes in the American legislation continue provide safe conduits for the transfer of money in exchange for power and influence. Thus money remains king in America's political processes from candidate selection through to vote tabulation. Wealthy corporations, trade unions and individuals continue to own the candidates as they do voter registration drives, and the election machinery that counts the votes.
Canada's Turning Point in Election Reform
In all probability, Canada would have followed a similar path to that of our neighbors to the south had it not been for a clause in the 1920 Dominion Elections Act aimed at terminating the political partisanship and regional disparities with respect to the administration of federal elections. The piece of legislation created a non-partisan federal agency reporting directly to parliament and responsible for the planning and conduct of federal elections. The head of the agency, the Chief Electoral Officer is appointed by Parliament.
While, only Parliament can legislate electoral reforms, the CEO frequently advises, assists and makes recommendations to Parliament.
Free of overt political influence and its proxies, the non-partisan agency is able to methodically work toward more principled goals of inclusiveness, fairness, accountability and transparency in elections.
By contrast, in the US, election administration was and remains largely under the jurisprudence of state and county agencies who's laws vary from state to state, and county to county. In 1975 the Federal Election Commission, a small but independent body, was established to administer and enforce statutes that govern the financing of federal elections. The Commission, which meets about twice a week and is comprised of six commissioners who are appointed by the president and confirmed by the Senate, with no more than three members to be affiliated with one political party. Typically, nominees have been chosen more for their partisan loyalties than for their ability and inclination to enforce the laws passed by Congress. Indeed, one outgoing GOP commissioner, Bradley Smith, routinely advocated the abolition of the very commission of which he was a member, and was against campaign finance restrictions in general.
Who is Jean Pierre Kingsley?
Jean-Pierre Kingsley is the 5th person to serve as Chief Electoral Officer of Canada. In 1990, Mr. Kingsley was nominated for the post of CEO of Elections Canada by Prime Minister Brian Mulroney and unanimously confirmed by the House of Commons of the day.
After 17 years of leadership, and innovation in electoral reform many would call Mr. Kingsley the "Supreme Commander" for free and fair elections at home and abroad -- a true champion of the people. However, to a small but vocal minority with less honourable interests in mind, he was viewed as an obstacle to corporate spending and influence.
"The jackasses at Elections Canada are out of control," Harper wrote in a 2001 letter to raise funds for Paul Bryan of B.C. who was fined for posting election results on the Internet. [Torstar, Dec 30, 2006]
While Mr. Kingsley has been credited with long list of accomplishments that have strengthened our democracy at home, his most important achievement in electoral reform comes by way legislation that aims to minimize the power and influence of money in our elections.
The 30 Year War On Third Party Spending
Few Canadians outside political and corporate circles know of the battles Jean-Pierre Kingsley and his predecessor (J.L Hamel) have fought and the scars they bore in trying to wrestle away the power and influence of big corporate money on our elections.
The war on money in elections began with a legal blow to the corporate world in 1974 with Election Expenses Act, which prohibited any individual or group other than a candidate or a registered political party – a "third party" – from spending any money to promote or oppose candidates or parties. However a large loop hole in the legislation (ironically called "the good faith" defense) permitted business as usual so no serious challenges to the legislation were mounted at the time. A near decade would pass before legislation (1983, Bill C-169) would close the loop hole and thus awaken the forces that profited from corporate influence.
In the 20 years of legal and legislative wrangling that followed, two distinct opposing forces would duke it out in the Alberta Courts and the Supreme Court of Canada. It was an epic battle of The Corporations versus The People: those that believed in anonymous funding and unlimited spending, led by the National Citizens Coalition (NCC) versus those who wished for strict election transparency, accountability and limits on political spending, inspired by the recommendations Jean-Pierre Kingsley.
The pivotal battles waged against the interests of ordinary Canadians are detailed here and are summarized below:
1983 National Citizens' Coalition Inc. v. Canada (filed in Alberta Court of Queen's Bench)
1993 Somerville v. Canada (filed in Alberta Court of Queen's Bench; David Somerville, then President of the National Citizens Coalition)
2000 Harper v. Canada (filed in Alberta Court of Queen's Bench; Stephen Harper, then President of the National Citizens Coalition)
2004 Harper v. Canada before Supreme Court of Canada
The Peoples Laws - Limiting the Flow of Money into Politics
After 20 years in the courts, the will of the people of Canada prevailed. On May 18, 2004, the Supreme Court of Canada overturned the decision of the Alberta Court of Appeal. The nine-member court ruled that the provisions on third party registration, election advertising and spending limits were indeed constitutional.
According to a 1991 study conducted by the Royal Commission on Electoral Reform and Party Financing, when faced with the choice of having spending limits for all participants, including third parties, or limits for none, 90 percent of Canadians opted for controls. All surveys and polls conducted in the past 15 years reflect similar support for spending caps on political participants in the electoral process.
The intent of the 3rd party Spending and Candidate Spending laws are crystal clear -- keep big money out of our political processes.
While no law can eliminate all corruption, power and influence, the election reform laws introduced by Jean-Pierre Kingsley that Stephen Harper fought so hard against, have undoubtedly diminished the opportunities for abuse and led to greater accountability, fairness and transparency in our democracy.
By RuralOntarioLiberal
Reader's Quiz: Who is the real jackass? Who is the true champion of the people?
Part 2 - Bill C-2 - FAA:The Fox is in the Hen House
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References
Third Party Expenditures: An Analysis of the 1997 Study by Tony Coulson
Royal Commission on Electoral Reform and Party Financing. According to that study, when faced with the choice of having spending limits for all participants, including third parties, or limits for none, 90 percent of Canadians opted for controls (Blais and Gidengil, RCERPF research volume 17, 1991: 84-89).
Money and Elections: Can Citizens Participate on Fair Terms Amidst Unrestricted Spending? by Janet L. Hiebert
Canadian Journal of Political Science / Revue canadienne de science politique, Vol. 31, No. 1 (Mar., 1998), pp. 91-111
Regulation of Election Activities by "Third Parties": Overview and Statements by the Chief Electoral Officer
Chronology of the Federal Campaign Finance System of Third Parties in Canada;Chronology of the US Campaign Finance System
And "May I call you Steve?"'s Christmas gift to Canada -- a totally neo-con appointed board to oversee stem-cell and fertility research and practices in Canada --conveniently announced while Parliament is not in session and before the Appointments Commission under the new Accountabilty Act comes in to effect on January 1. And who was it who said that Harper and his bobbleheads don't have a neo-con, far right agenda but instead are playing to the middle? Everytime we think we might be hasty in our judgment along comes something disturbing, frightening, like this. Yeah, he's still very scary.