Canadian Electoral System - Term Paper Example

? Canadian Electoral System Canadian Electoral System Cumulative changes since the inception of Canada have led to the introduction of the current electoral system present today. These changes have been there ever since the year 1867. They seem to continue to have an impact on how the electoral system seems to govern elections in Canada. Before, the electoral process was disorganized and haphazard. It was difficult to separate politics from the electoral body at the time (Dyck 2011, 35).1 Voting in the past, for people of Canada, was very limited. This is because white men were the only people allowed to vote. Even then, they were expected to have certain qualifications. Elections, back then, were held at different times of the year. Unlike now, secret ballot was not a system that was used by the Canadians. However, as times moved on, the right for every adult man and woman to vote was given. As this happened, the people became less tolerant of the previous system. They advocated for reforms in the electoral system. This is so that the process of voting in political institutions in the land could be free, and fair. These reforms became paramount so that the system could find support from the public, thus acquiring legitimacy. This paper will review some of the ways in which the electoral system in Canada operates, and the nature of their system. The extraordinary complexity of the electoral system requires that it should be fine- tuned to suit the immediate environment at all times. Canada’s federal nature shows of the country’s electoral law as much as it does the political life that exists in the country (Dyck 2011, 45).2 This is so that every individual will get to understand their fundamental right to vote, and elect into office their preferred choice of authority. The different systems present in Canada allow the people to vote in candidates in their own provinces. However, for the federal parliament, there exists only one electoral system. This ensures that there is uniformity during the general election process. The Canada Elections Act contains all the election laws that are present in Canada. The publishing of such information ensures that everyone gets to understand the laws that govern elections. The consequences of committing an election offense can also be found there. There are other documents that have this kind of information displayed to the people (Farrell 2006, 62).3 These include; Electoral Boundaries Readjustment Act, the Criminal Code, the Income Tax Act among others. Although laws in Canada continue to be passed by politicians, the electoral system is governed by a neutral party. It consists of an unbiased, independent group of individuals. This is the most recent development that the Canadian electoral system has undergone since the inception of law. As adult men and women were allowed to vote, it became imperative that the organizational procedure be removed from political control. The neutral party was not expected to be close to the government (Farrell 2006, 67).4 These were the expectations of the public with the introduction of neutral parties to run the organizational procedures. Laws must keep on changing and evolving to accommodate the current trends that need to be met. Also, the public should be able to see the changes, and the positive effect they may have on them. In 1920, the Dominion Elections Act, advocated for the creation of a position in the election system. This position was for the Chief Electoral Officer. The position entailed the party’s involvement to be the main supervisor of the elections. Also, they were supposed to map out the general direction of the elections (Farrell 2006, 73).5 The office, which is also known as Elections Canada, was mandated to enforce fairness and impartiality when it came to the elections. In Canada, the general elections for federal government are held after four years. However, in the case where there is a minority government, the elections can be called at any time. A minority government is where a single party in parliament does not have the majority in the House of Commons. In countries like the United States, there are fixed dates for the elections. This means that elections can only be called for in instances where there are emergencies. The Chief Electoral Officer is supposed to administer by-elections in instances where vacancies need to be filled in the House of Commons. The constituencies present in Canada get a returning officer during the time of elections. They take the responsibility of managing elections at the constituency level (Howe 2005, 24).6 They take oaths which they are required to adhere to during elections. Their impartiality is demanded at all costs to avoid problems later. Due to these changes in the electoral body, Elections Canada is responsible for appointing the returning officers in these constituencies. The office also has the power to remove these returning officers from their jobs. This is if they are found to be incompetent in any way. They, the returning officials, are chosen by a process that involves vetting and merit. A ten-year term is accorded the returning officers by the Chief Electoral Officer. This term can expire because of some reasons (Howe 2005, 30).7 These reasons include; ceasing to want to reside over a constituency, resignation, and also death. Their terms could also be extended. This happens as the Electoral Officer deems fit. Under advice from the Prime Minister, the Governor General is the only legal entity that can dissolve parliament. At this point, elections can be carried out. According to the constitution, elections are to be held after five years. However, tradition has it that elections are held at intervals of four years. As the dissolution of parliament is carried out, the Prime Minister issues instructions for elections to be held. These instructions are carried out by the Chief Electoral Officer (Johnston 1990, 45).8 The changes that the electoral system is undergoing can enable it to become of age. People are becoming aware of their rights around the world. The more they become aware of them, the more they demand for accountability and transparency in their electoral systems. According to the electoral system, the legal voting age in Canada is 18 years. Before, the legal voting age was 21. This was before the year 1970 (Johnston 1990, 56).9 Some of the changes that have been taking place in the Canadian electoral system include the removal of the right for British citizens to vote in Canada’s elections. Due to the relationship that Canada had with the British, the British were allowed to vote in the elections held in Canada. This stopped at some point in the mid-1970. The Elections Act in Canada restricted some people from voting in the elections held. These included; The Chief Electorate Officer, his assistant, the returning officers, mentally unstable persons and also judges. However, the evolution of laws led to the amendment of the act which enabled them to vote. Prisoners nowadays are liable to vote. This is unlike before where they could not vote. Prisoners serving a sentence of more than two years in prison were not allowed to vote. However, this restriction has since been lifted by the Canadian courts (Malcolmson 2009, 88).10 The electoral system in Canada is supposed to specify the amount of money that is to be spent during elections. The school of thought that was behind such reasoning was to prevent the use of taxpayers’ money on campaigns by political parties. This meant that after campaigns, the leaders elected into power would use their time to acquire back the money they had spent during election time. This is instead of serving the people that got them into office. Laws have come up over the recent past to ensure that the political heads do not use more than the specified amount of money during elections (Malcolmson 2009, 90).11 In the Electoral System, the qualifications of candidacy are written in the Canada Elections Act. This means that for anyone trying to get into a position that needs to be voted in, should read the Act, and be well aware of their qualifications. The qualifications of being a candidate are almost similar to those of a voter. The disqualifications that voters face when elections come also apply to those applying for candidacy in the constituencies they are vying for. The Electoral system has specified the consequences of going against election regulations. These consequences include paying of fines, and even being barred from running in the elections again. During election campaigns, the electoral body ensures that the candidates get the access they need. This is via the media. This is both the electronic and print media. This period is given to the candidates so that they can have equal opportunity in the forthcoming elections. Broadcasting stations are allowed to make a number of hours to broadcast the messages to the public for the campaign process. This ensures that by the time of polling, every voter is well aware of their candidate, and the stand they want to take. The system allows the media to give the messages between the specified times given by the electoral body. The rates at which the broadcasters charge the parties involved are also regulated. This is done as the Act stipulates. It has to be followed so that the election process can flow smoothly as required. Over the past and even today, the issue of third party advertising has been an issue that has the electoral body being questioned. However, their impact on election campaigns has been tremendous. This means that their input in elections has helped candidates and parties get recognition during campaigns. People are usually more interested in third party advertising because it is considered to be more fun. The people are compelled to listen more to their messages, than they would the other kind of advertising that is present. The breaking of laws under the electoral rules and punishment are carried out by an independent party to the government. They usually focus on the parts that have been violated under the rules of the electoral system. They then carry out the punishment accordingly. Without this, the amount of violations that would have been orchestrated would have been many. This is why there has to be an independent body to look into the issue of electoral violations (Milner 2004, 58).12 Political influence in these bodies has been the cause of downfall for many. Interference has led to the dismissal of many officials. This has prompted the people involved to be very careful in the selection process. However, these offences that are carried out under the electoral system’s act have a statute of limitations. What this implies is that, a person cannot be prosecuted for certain crimes and violations after a certain period of time has passed. During some point in Canada elections, bribery, election fraud, the impersonation of voters was once a common and acceptable feature in Canada. However, with time, these practises became obsolete, and are shunned from society (Robertson 2008, 71).13 They have become election irregularities, and people involved are prosecuted for these violations. The electoral system has been at the fore front is spearheading prevention of fraud, and irregularities during elections. It has greatly reduced the cases that are bound to arise in time of elections. The constituencies present do not record a high number of irregularities as before. This means that the electoral system is handling its business the way it should. These cases will become almost obsolete with time (Robertson 2008, 75).14 This can be attributed to the good climate that exists in the Canadian society, as a whole, and the trust that the public has put on the electoral system. In conclusion, the Canadian electoral system is given the mandate to protect the right of its citizens during elections. It is this mandate that gives them the right to do what it has to do to ensure that elections are free, and fair. It is only through the electoral system that Canada can be able to see the leaders they want to be elected, and put in power (Wattenberg 2001, 50).15 Though it may be complex, the system is not rigid or static. This means that it changes depending on the times to accommodate the current demands. It is this growth, and evolution that makes the system accept more challenges, consequences, and circumstances that come with the territory. References Dyck, R. 2011. Canadian Politics. Oxford: Hart Publishing. Farrell, David M. 2006. Electoral Systems: A Comparative Introduction. London: Sage Publishers. Howe, P. 2005. Strengthening Canadian Democracy. New York: Bantam Books. Johnston, Paul J. 1990. Representation and Electoral Systems: Canadian Perspectives. Canada: Prentice-Hall. Malcolmson, P. 2009. The Canadian Regime: An Introduction to Parliamentary Government in Canada. Australia: Hart Publishing. Milner, H. 2004. Steps toward Making Every Vote Count: Electoral System Reform in Canada. London: Sage. Robertson, James R. 2008. The Canadian Electoral System. Canada: Ontario University. Wattenberg, Martin P. 2001. Mixed-Member Electoral Systems: The Best of Both Worlds? Cambridge: Cambridge University Press. Read More