Green party calls on CRTC, Federal Court for new leaders’ debates rules

The Green party says it wants the CRTC to issue explicit guidelines for the televised leaders’ debates so that all leaders of the federal political parties participate so long as they received at least two per cent of the vote in the previous election. On Tuesday, the Federal Court of Appeal is scheduled to hear a notice of motion from the party for an expedited hearing on the issue. Right now, a consortium of broadcasters—which includes the CBC, Radio-Canada, CTV, Global and TVA –determines the debate’s participants. CRTC broadcasting decision 1995-44, issued in March 1995, stated that the commission would no longer require debate programs to feature all leaders. Prior to that, starting in September 1988, the CRTC required broadcasters to accommodate all parties in debates. But Green Party Leader Elizabeth May has filed a notice of constitutional question, filed April 1, and a notice of application for judicial review, filed March 31, contesting her exclusion from the April 12 televised debate for the 2011 federal election. The documents say the television consortium’s decisions are “arbitrary and capricious and are not based on any rational criteria” and demand that the CRTC issue guidelines including “explicit criteria for participation.” In the notice of constitutional question, May and Peter Rosenthal, counsel with Toronto’s Roach, Schwartz and Associates, say that “Participation in the leaders’ debates legitimises the participants; exclusion from the debates tends to relegate non-participants to the fringes of the campaign.” The court documents note the question of federal funding for political parties, and that parties receiving at least two per cent of the national vote are given about $2 per vote per year in subsidies. Arguing that the number of votes nationally is significant—regardless of whether candidates are elected—the court documents say it is “extremely likely” that participation in the debates would lead to thousands of additional votes. The Green party received 6.8 per cent of the vote in the 2008 election. During that election campaign, the TV consortium initially denied May’s participation in the debate but changed its decision following a public outcry. The broadcasting consortium says it only includes leaders in the debates whose parties have seats in the House. The Green party held one seat in the House of Commons leading into the 2008 election after Independent MP Blair Wilson decided to join the party; but since then the party has not held any seats in the House. The court application also cites section three of the Canadian Charter of Rights and Freedoms as well as recent Supreme Court decisions related to electoral fairness. “To ensure the fairness in elections that is required by Section 3 of the Canadian Charter of Rights and Freedoms, it is essential that such decisions be made on a principled basis so as to ensure an equitable allocation of broadcast time,” the documents say. The party also refers to 1997 Supreme Court decision Libman v. Quebec, which held that an election’s fairness depends on citizens being “reasonably informed of all possible choices” and parties and candidates being able to present their positions. May argues that, given the significance of leaders’ debates, “it would be extremely difficult to give equitable coverage to a political party whose leader did not participate.” The application also cites 2003 Supreme Court ruling Figueroa v. Canada, which held that “… the voices of certain citizens will be drowned out by the voices of those with a greater capacity to communicate their ideas and opinions of the general public.” May requested that the application for judicial review be heard in Toronto April 7 or April 8. If granted, she requested that it be known before the end of the day on April 11 to allow the CRTC to make new guidelines known to the consortium before national televised leaders’ debates scheduled for April 12. news@thewirereport.ca

Green party calls on CRTC, Federal Court for new leaders’ debates rules

Broadcast | April 4, 2011

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Green party calls on CRTC, Federal Court for new leaders’ debates rules

Broadcast | April 4, 2011

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