The Canadian Press
Colin Perkel
TORONTO–A federal New Democrat has lost his bid to force his way into the race to replace Tom Mulcair as party leader, but the wider ramifications might be the judge’s ruling that the inner workings of Canada’s political parties are not immune to court scrutiny.
In his decision, Divisional Court Justice Ian Nordheimer ruled the party acted reasonably in rejecting a leadership bid from Brian Graff–in part over a 25-year-old criminal charge.
However, Nordheimer flatly rejected the New Democrats’ argument that the courts had no business taking the “extraordinary and unprecedented” step of meddling in “purely partisan political activity.”
A registered party, he said, is not just another private, voluntary club making its own membership arrangements.
“The decisions that political parties, especially the major political parties, make in terms of the candidates they put forward, the policies they adopt, and the leader that they choose, do have a very serious effect on the rights and interests of the entire voting public,” Nordheimer said.
“The voting public, therefore, has a very direct and significant interest in ensuring that the activities of political parties are carried out in a proper, open, and transparent manner.”
While parties are neither a public decision-maker nor government agent, Nordheimer said the court’s jurisdiction flowed from the key democratic roles they play.
What they do impacts the public directly, he noted, and their leaders can end up as prime ministers.
In addition, big parties receive millions of dollars in taxpayer-funded reimbursements for election expenses.
At the same time, the judge said, courts must be “very cautious” when it comes to reviewing decisions of voluntary associations and should not try to referee every membership dispute.
Key to judicial reviewability, he stressed, is the larger public aspect of the decisions such associations take.
“While I have concluded that decisions like this, that are made by political parties, are subject to review by the courts, that review does not mean that the courts should readily second-guess those decisions or micro-manage them,” Nordheimer wrote.
“Within the broad compass of fairness, political parties ought to be entitles to make their own decisions.”
