Oxford by-election highlights need for party nominations to be reformed

Nominations are currently not democratic. The mechanisms of these races are subject to the rules of political parties. Rules that can be contrary to democratic principles.

Canada's Chief Electoral Officer is planning to hold talks with political parties this fall to discuss riding nominations — the internal elections to pick partisan candidates — amid concerns about foreign meddling. However, domestic meddling by political operatives is also a problem that Elections Canada should address.

The riding of Oxford in Southwestern Ontario just had a by-election, where the Conservative Party nomination was the subject of much controversy.

Pro-life contestant Gerrit Van Dorland was disqualified by the party, despite him having sold 2,500 memberships. Another candidate, Deb Tait, claims she was not given the membership list in a timely fashion. She also accused the Conservative Party of favouring the nomination’s winner Arpan Khanna – an established lawyer and political staffer from Brampton with ties to leader Pierre Poilievre, and notably no ties to the Oxford constituency.

The Oxford Electoral District Association riding president and vice-president both resigned over the nomination, and the retiring Conservative MP, Dave MacKenzie, opted to endorse the Liberal candidate. 

On by-election day, the Conservatives saw a drop in support. They got 43% of the vote, while the Liberals got 36%, whereas in the 2021 federal election, Conservatives won Oxford with 47% of the vote, while the Liberals got 21%. 

This came despite 81% of Canadians wanting a change in government and only 20% of Canadians saying Trudeau deserves to be re-elected.

This is not the first time the Tories’ handing of a nomination has alienated voters. Conservatives almost lost a 2013 by-election in the Manitoba riding of Brandon–Souris, which is supposed to be a safe seat, after two nomination contestants were disqualified, helping PC MLA Larry Maguire become the federal candidate. Maguire won the by-election with 44% of the vote, just 391 votes more than the Liberals, who got 43%. Conservatives had won the riding in the 2011 federal election with 64% of the vote, while the NDP got 25%, and the Liberals got 5%.

Nomination meddling is not just an issue in the Conservative Party. The Liberal Party has also had several controversial nominations. In 2014, it disqualified a nomination contestant in Toronto-Centre, which ensured Chrystia Freeland would become the candidate. Liberals also faced allegations of nomination rigging in Saint-Laurent, Markham-Thornhill, and Orleans – to name a few.

The problem is that party nomination races are currently not democratic. The Globe and Mail political writer Campbell Clark notes they “don't meet basic democratic standards” and “are a process that is built for rigging.” While there are some Elections Canada rules regarding nomination financing, the mechanisms of these nominations are subject to the rules of political parties. Rules that can be contrary to democratic principles. 

The Conservative Party’s Rules and Procedures for Candidate Nominations state that “being a Nomination Contestant is a privilege, rather than a right.” This is fundamentally different from general elections where Canadians have a constitutional right to be eligible for office. 

The Conservative’s rules also state that the party’s National Candidate Selection Committee (NCSC) “has authority to disallow an Applicant, a Nomination Contestant or a Candidate at any time on any grounds the NCSC sees fit.” The NCSC’s decisions can be appealed to the National Council, whose verdict “shall be final and binding and is not subject to appeal, challenge or review on any grounds whatsoever.”

Both the NCSC and national council are made up of members of the political establishment. Hence, when one’s candidacy is denied by the former, contestants can only hope other members of the establishment will take their side. 

Furthermore, the National Council “may alter, abridge or suspend any of the Rules as it sees fit.”  

The subjective and undemocratic nomination rules of Canadian political parties, which have allowed for domestic partisan meddling, have also opened the door to foreign election interference by bad actors. Elections Canada is planning to discuss nominations with the parties this fall.  

Some politicians are calling for Elections Canada to oversee nomination races. That idea is however also being criticized. Western University political science associate professor Cristine de Clery told CBC News "I, personally, get a little uncomfortable with the idea of the state reaching into civil society and helping organize and regulate it." 

Others say that Elections Canada running nominations would be expensive, while some believe political parties should be able to appoint preferred candidates.

The state oversees several parts of the private sector, amid industries like air transportation, railways, telecommunications, broadcasting, and banks being federally regulated. I hence don’t believe nomination races being overseen by an agency whose mission is “ensuring that Canadians can exercise their democratic rights to vote and be a candidate” would be an infringement by the state.

As for the costs of Elections Canada overseeing nominations, it is important to remember that elections themselves are very expensive – but are a necessary investment for our democracy and rule of law. 

When it comes to appointing candidates rather than having members nominate them, the latter is not ideal. There may be exceptional circumstances where parties appointing a candidate can be justified, but in these cases, the appointment should be done openly, and not be disguised as a “nomination”. 

Canadians cherish democracy, and do not like when it is tampered with by members of the political establishment who think they know best. Proof parties lose support in ridings when the political establishment meddles with nominations. 

In a democracy, politicians should be of the people, by the people, and for the people. But one can argue the latter isn't the case when parties parachute individuals into ridings, rig nominations in their favour, and then see that person be elected to parliament with less than 50% of the votes. 

The Chief Electoral Officer’s review of party nominations is paramount to restoring trust in Canadian institutions, and I hope reforms can be made so that races can truly become fair, democratic, and free of both domestic and foreign meddling.