Federal electoral districts redistribution 2022

Part II – Principles

The redistribution of electoral districts is subject to the principles set out in section 15 of the Act:

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    1. In preparing its report, each commission for a province shall, subject to subsection (2), be governed by the following rules:
      1. the division of the province into electoral districts and the description of the boundaries thereof shall proceed on the basis that the population of each electoral district in the province as a result thereof shall, as close as reasonably possible, correspond to the electoral quota for the province, that is to say, the quotient obtained by dividing the population of the province as ascertained by the census by the number of members of the House of Commons to be assigned to the province as calculated by the Chief Electoral Officer under subsection 14(1); and
      2. the commission shall consider the following in determining reasonable electoral district boundaries:
        1. the community of interest or community of identity in or the historical pattern of an electoral district in the province, and
        2. a manageable geographic size for districts in sparsely populated, rural or northern regions of the province.
    2. The commission may depart from the application of the rule set out in paragraph (1)(a) in any case where the commission considers it necessary or desirable to depart therefrom

      1. in order to respect the community of interest or community of identity in or the historical pattern of an electoral district in the province, or
      2. in order to maintain a manageable geographic size for districts in sparsely populated, rural or northern regions of the province,

      but, in departing from the application of the rule set out in paragraph (1)(a), the commission shall make every effort to ensure that, except in circumstances viewed by the commission as being extraordinary, the population of each electoral district in the province remains within twenty-five percent more or twenty-five percent less of the electoral quota for the province.

The population figure for each electoral district should correspond as close as reasonably possible to the quotient resulting from dividing the population figure for the province by the number of MP seats to be filled (the electoral quota). This principle of parity may be waived where it is considered necessary or desirable, in which case the Commission must ensure that, except in circumstances viewed by the commission as being extraordinary, the population of the electoral district must remain within 25% above or below the electoral quota.

With respect to electoral district boundaries, in addition to the electoral quota, consideration should be given to the community of interest or specificity of the district or its historical development. Lastly, care should be taken to ensure that the size of districts in sparsely populated, rural or northern areas is manageable.

These principles have been carefully considered by the Supreme Court of Canada in Reference re Prov. Electoral Boundaries (Sask.), (SCC), [1991] 2 SCR 158 and, more recently, Toronto (City) v. Ontario (Attorney General), 2021 SCC 34.

The highest court in the country has instructed that the exercise of the power to set electoral boundaries is subject to section 3 of the Charter, which guarantees every Canadian citizen the right to vote. On the crucial question of whether deviation from the one person, one vote rule is permissible in redistributing electoral districts, the Supreme Court responded that the issue is not so much one of achieving absolute equality of citizens or voters, but rather the broader issue of ensuring effective representation; that is, the right of all citizens to be represented in Parliament and to have access to an MP as well as to their assistance.

Voting power parity is the most important factor in ensuring effective voter representation. Unduly diluting the vote of one citizen with that of another may result in inadequate representation of that citizen. This would reduce this person's legislative power, as well as the citizen's access to and assistance from their MP. However, voting power parity is not the only factor that must be considered to ensure that different interests, groups and communities are fairly represented in the House of Commons. Other factors, including those mentioned in section 15 of the Act and Supreme Court decisions (the geographic characteristics of an electoral district, its historical boundaries, the interests of a particular community or its history, the representation of minority groups), may justify the Commission's departure from the one person, one vote rule in the interest of, in the words of the Supreme Court, effective representation of the diversity of our social mosaic.

These principles were at the heart of the Commission's considerations.