Lawsuit Filed Against Manitoba Law that Forbids Members of Parliament from Switching Parties During Session

Steven Fletcher, a member of the Manitoba legislature, has filed a lawsuit against a Manitoba law that makes it impossible for legislators to switch party caucuses, unless they first resign and then get re-elected to their own seat under the new party banner. See this story. No other Canadian province has such a law.


Comments

Lawsuit Filed Against Manitoba Law that Forbids Members of Parliament from Switching Parties During Session — 5 Comments

  1. Major *disloyalty* for a HACK to change HACK status during a term in Brit type parliamentary regimes.

  2. https://www.canada.ca/en/canadian-heritage/services/how-rights-protected/guide-canadian-charter-rights-freedoms.html

    http://laws-lois.justice.gc.ca/eng/Const/page-15.html

    PARTS

    2. Everyone has the following fundamental freedoms:
    (a) freedom of conscience and religion;
    (b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;
    (c) freedom of peaceful assembly; and
    (d) freedom of association.

    3. Every citizen of Canada has the right to vote in an election of members of the House of Commons or of a legislative assembly and to be qualified for membership therein.

    24. (1) Anyone whose rights or freedoms, as guaranteed by this Charter, have been infringed or denied may apply to a court of competent jurisdiction to obtain such remedy as the court considers appropriate and just in the circumstances.

    32. (1) This Charter applies
    (a) to the Parliament and government of Canada in respect of all matters within the authority of Parliament including all matters relating to the Yukon Territory and Northwest Territories; and
    (b) to the legislature and government of each province in respect of all matters within the authority of the legislature of each province.

    33. (1) Parliament or the legislature of a province may expressly declare in an Act of Parliament or of the legislature, as the case may be, that the Act or a provision thereof shall operate notwithstanding a provision included in section 2 or sections 7 to 15 of this Charter.

    (2) An Act or a provision of an Act in respect of which a declaration made under this section is in effect shall have such operation as it would have but for the provision of this Charter referred to in the declaration.

    (3) A declaration made under subsection (1) shall cease to have effect five years after it comes into force or on such earlier date as may be specified in the declaration.

    (4) Parliament or the legislature of a province may re-enact a declaration made under subsection (1).

    (5) Subsection (3) applies in respect of a re-enactment made under subsection (4).

    34. This Part may be cited as the Canadian Charter of Rights and Freedoms.

    See the originals.
    ONE guess which 2 digit section is used by the HACKS to have NO rights.

  3. It is really kind of bizarre. The PC kicked him out of their caucus. In addition, they favor elimination of the law that he is challenging, and was enacted by the NDP in 2006. A bill to eliminate the barrier was proposed last spring, but has not moved forward.

    A caucus requires four members, and the Liberals have three members, but have said they did not want Fletcher to join them, even if it made them an official caucus.

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