From: Macdonald Stainsby <[EMAIL PROTECTED]> Reply-To: [EMAIL PROTECTED] Date: Wed, 21 Feb 2001 02:30:22 +0000 (/usr/share/zoneinfo/Canada/Eastern) To: [EMAIL PROTECTED] Cc: [EMAIL PROTECTED] Subject: [L-I] CPC scores another Election Act victory ================================================================ CP of Canada, CPC scores another Election Act victory ---------------------------------------------------------- From: Communist Party of Canada, February 15, 2001 http://www.communist-party.ca , mailto:[EMAIL PROTECTED] ================================================================ Dear Comrades and friends This is big news. The Communist Party of Canada has scored another victory in the fight for democratic rights for all Canadians. In 1991 the Canadian federal government *illegally* changed the Canada Elections Act, to strip the rights of smaller political parties to organize, contest elections and in fact, even exist. The requirements for legal political status were changed. The new rules were, to be registered as a political party, a party must field at least 50 candidates in a federal election and must also be put up a *non refundable* "deposit of 5,000 dollars for each and every one of their candidates. If a candidate did not receive at least 10% of the votes in his or her riding, the deposit would be forfeited to the government. Further, failure, to meet *any* of these requirements would automatically result in decertification of the political party. Upon decertification , a party would not only lose its tax status, but would actually be shut down by the government! It's offices would be closed, its assets and bank accounts seized! Essentially, it would be banned from doing political work! This draconian legislation was supported by all the major parties in the House of Commons, (including, the self proclaimed, "social democratic" NDP) and was passed unanimously. While the Communist Party was the main target of this legislation, it applied to any and all, small political parties and to virtually any group without the finances of big business and the corporations behind them. It was an assault on the democratic rights of all Canadians and particularly the working class and the poor. The Communist Party of Canada, in fact was "decertified" under this act and had it's assets seized. The CPC (which has steadfastly fought for democratic and working class rights since it founding in 1921) fought back with what limited resources that its members and friends could muster. It has been challenging this act in the supreme courts of Ontario and of Canada. Along the way, the party has won most of it's arguments and had most parts of the act declared illegal and unconstitutional. The government's tactic has been to appeal and appeal, and delay. The following press release from Party is the latest in this ongoing struggle. For further information please visit the Communist Party of Canada's web site at www.communist-party.ca "Comrade" mart "Spiders, working together, can tie down a lion" Ethiopian proverb For Immediate Release C-9: Another Victory in a Long Struggle, says Communist Party The Communist Party reacted positively today to the introduction of C-9, a new federal bill to further amend the Canada Elections Act to bring the legislation into line with an Ontario Court of Appeal ruling on the identification of political parties on election ballots. Last August, the Ontario Court of Appeal upheld a lower Ontario court ruling that the current Elections Act was unconstitutional in that the threshold requiring a political party to field 50 or more candidates in order to have the party identifier placed on the ballot was too high. The judgment arose in the case of Figueroa vs. the Government of Canada, a constitutional challenge undertaken on behalf of the Communist Party of Canada and its leader, Miguel Figueroa, which has been before the courts since 1993. The Court directed Parliament to lower the threshold within six months. Under C-9, that threshold will now be lowered from 50 to twelve (12) candidates in a general election. "This victory is a further vindication of our long struggle for democracy," CPC Leader Miguel Figueroa said. "We have challenged many parts of the Elections Act as being undemocratic, unconstitutional and blatantly discriminatory against smaller political parties. The courts have confirmed this, and now – once again – the federal government has been forced to admit it and amend the Act." Earlier court rulings threw out several other unconstitutional provisions in the Elections Act, such as the Draconian measure that allowed the Government to seize the assets of de-registered political parties, and the withholding of one-half of candidates’ deposits for those garnering less than 15% of the vote in a riding. The Chrétien government was forced to remove these clauses in the recent overall of the Canada Elections Act. The Communist Party is continuing to appeal another aspect of the Ontario Court of Appeal ruling, which upheld the 50 candidate-rule as the threshold for full party registration. Only registered parties may issue tax receipts for political donations, and may access free and paid broadcasting time during election campaigns. The Communist Party itself regained its registered status in the November 27, 2000 federal election when it fielded 52 candidates, but the CPC is maintaining its court challenge because it believes the current threshold is unreasonably high and discriminatory. The Party has sought leave to appeal to the Supreme Court of Canada and is still awaiting word from the Court if the case will be considered. =30= For further information, contact Miguel Figueroa, CPC Leader at 416-469-2446. *End* -- Macdonald Stainsby check the "ten point platform" of Tao at: http://new.tao.ca "`Order rules in Berlin.' You stupid lackeys! Your `order' is built on sand. Tomorrow the revolution will rear ahead once more and announce to your horror amid the brass of trumpets: `I was, I am, I always will be!'" -Rosa Luxemburg, 1918. _______________________________________________ Leninist-International mailing list [EMAIL PROTECTED] To change your options or unsubscribe go to: http://lists.wwpublish.com/mailman/listinfo/leninist-international _________________________________________________ KOMINFORM P.O. Box 66 00841 Helsinki Phone +358-40-7177941 Fax +358-9-7591081 http://www.kominf.pp.fi General class struggle news: [EMAIL PROTECTED] subscribe mails to: [EMAIL PROTECTED] Geopolitical news: [EMAIL PROTECTED] subscribe: [EMAIL PROTECTED] __________________________________________________