BRIAN DOODY, MA, LLB

Barrister & Solicitor | Avocat

DOODY COUNSEL LEGAL SERVICES
6-400 Daly Ave. | Ottawa | Ontario | K1N 6H2
E-mail: doodycounsel@gmail.com | Fax: 226-785-0957
Telephone/text: 519-872-1905 | Twitter: @DoodyCounsel

September 6, 2021

Mr. Erin O’Toole, Leader

Conservative Party of Canada (CPC)
National Campaign Operations Centre
Confederation Room, 4th Floor, 11 Colonel By Drive
Ottawa, Ontario K1N 9H4

BY MESSENGER

Dear Mr. O’Toole:

Subject: The case for Conservative cooperation with the NDP on electoral reform

NDP leader Jagmeet Singh’s August 25 announcement that he was willing to work with
you in a possible minority Parliament creates opportunities for discussion in a number of
areas such as housing and childcare infrastructure. However, it is also possible the NDP
will make its electoral-reform process the sine qua non for cooperation in other matters.

The NDP platform Ready for Better states (at p. 105):

A New Democrat government will bring in mixed-member proportional [MMP]

representation that works for Canada – and we will do it in our first mandate in
government. We’ll establish an independent citizens’ assembly to recommend the
best way to put it in place for the next election to ensure both local representation
and a federal government that reflects the voters’ choice of parties.

Once Canadians have the opportunity to experience the new voting system and
compare it to the old one, we will hold a referendum to confirm the choice.

I would argue that the Conservatives have nothing to lose by agreeing to reconstitute the
Special Committee on Electoral Reform and by reviewing a draft law on electoral reform.
However, there are several technical questions that should be considered that will affect
the NDP’s electoral-reform plans, notably the time needed to draw the electoral districts.

Ten independent electoral-boundaries commissions (one for each province), appointed

pursuant to the Electoral Boundaries Readjustment Act and s. 51 of the Constitution Act,
1867, have already started the work of redrawing Canada’s electoral maps every ten
years beginning with the calculation of an “electoral quotient” based on the 2021 census.
 2

(The “electoral quotient” is the “average” population for each first-past-the-post (FPTP)
riding, which is applied to rules resulting in new totals for FPTP seats in each province.)

Proponents of the NDP’s plan in the 44th Parliament will have to decide early on whether
to amend the EBRA and s. 51 of the Constitution Act, 1867, in order to create non-FPTP
electoral districts. I have argued elsewhere that the independent electoral-boundaries
commissions should be allowed to continue to do their work. The regional (or non-FPTP)
districts in a mixed-member proportional voting system could be set out in a separate
draft law (at a percentage of the total FPTP seats determined by the ten commissions),
thus allowing the plan to be implemented in one mandate and for the proportionality of
representation between provinces (s. 51 of the Constitution Act, 1867) to be respected.

I have argued elsewhere that the creation of five “regional districts” ((1) BC and Yukon,
(2) Manitoba, Saskatchewan, Alberta and Northwest Territories, (3) Ontario, (4) Quebec,
and (5) Atlantic Canada and Nunavut) would create more equitable results, compared to
the status quo, when 20 per cent more seats are selected by proportional representation.

In addition, it ought to be up to the leader of each registered party to submit the regional
lists of candidates to Elections Canada prior to every election under MMP. Voters would
have one vote for a local candidate in an FPTP riding, and a second vote for a party. The
role of Elections Canada should not be to arbitrate the parties’ selection procedures for
regional lists. However, the selection of list candidates can be seen as an opportunity for
party members “on the ground” to influence the selection process, with various methods
(such as “slots” on lists) to ensure regional representation within and between provinces.

These and other technical matters could be examined by a renewed Special Committee.

Lastly, I would argue that you and the Conservatives have nothing to lose by promising a
free vote by Conservative MPs on an electoral-reform bill in the 44th Parliament. The only
conditions I would attach would be for the draft law to contain a “sunset clause” where all
the seats selected by proportional representation expire five years after the 45th election,
unless Parliament re-enacts the law. I do not think a referendum is required to approve
MMP. In my view, the NDP’s proposed citizens’ assembly should be chosen after voters
“have the opportunity to experience the new voting system,” to inform voters about MMP
prior to the election held after the citizens’ assembly completes its assessment of MMP.

In my view, 20 per cent more MPs chosen by proportional representation in five “regional
districts” would elect more Conservatives, and conservative-minded Canadians, as MPs.

I am pleased to offer my services as a bilingual lawyer and public-policy analyst to you

and to all Conservative Members of Parliament as you shape Canada’s future together.

Yours sincerely,

(S) B. DOODY (COUNSEL)

Brian Doody (Counsel) (Version française disponible sur demande)