Petition updateRE: Division of Etobicoke Centre and Removal of York South Weston. - Riding Redistribution

We have hit the 500 signature mark! The hard working commission made an honest mistake

ROMAN BOTIUKToronto, Canadá
12 oct 2022

I want to be clear: The commission appointed to redraw the boundaries in Ontario is no doubt working very hard, with integrity, and honesty, and takes the task assigned to it very seriously and no doubt understands the importance of democracy  to Canadians, and no doubt, they are keenly aware that:

1    .....    The Canadian Charter of Rights and Freedoms and the Canada Elections Act, S.C. 2000, c. 9 ("Act"), have the clear and historic purposes of enfranchising Canadian citizens, such that they may express their democratic preference, and of protecting the integrity of our electoral process. Following these objectives and the wording of the Act, we reject the candidate's attempt to disenfranchise entitled voters and so undermine public confidence in the electoral process.

…..27      Canadian democracy is founded upon the right to vote. Section 3 of the Charter provides:

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.

28..,      The fundamental purpose of s. 3 of the Charter was described in Figueroa v. Canada (Attorney General), 2003 SCC 37, [2003] 1 S.C.R. 912 (S.C.C.), by Iacobucci J., for the majority, at para. 30:

In the final analysis, I believe that the Court was correct in Haig [v. Canada, [1993] 2 S.C.R. 995], to define s. 3 with reference to the right of each citizen to play a meaningful role in the electoral process. Democracy, of course, is a form of government in which sovereign power resides in the people as a whole. In our system of democracy, this means that each citizen must have a genuine opportunity to take part in the governance of the country through participation in the selection of elected representatives. ...Wrzesnewskyj v. Canada (Attorney General)2012 CarswellOnt 12997, 2012 CarswellOnt 12998, 2012 SCC 55, [2012] 3 S.C.R. 76, [2012] S.C.J. No. 55, 118 O.R. (3d) 560 (note), 220 A.C.W.S. (3d) 350, 270 C.R.R. (2d) 23, 296 O.A.C. 82, 351 D.L.R. (4th) 579, 435 N.R. 259, J.E. 2012-2014

 And, I, Roman Botiuk, respectfully submit that each citizen must not be silenced in a shotgun marriage with desperate voices on either bank of the Humber being muted, rather than having an elector be the winner of his peers, or at least, be picked by reasonably likeminded people in a reasonably eliminated geographical area. The proposed boundary changes, elimination of York South Weston, the odd partition of the like-minded communities of Etobicoke Centre, and to be clear- this is not the intention of the commission- remove rather than enhance the right of each citizen to play a meaningful role in the electoral process. 

With nothing but the greatest respect, I submit that what this petition is about, is preserving the S3 rights of the impacted electors of York South Weston and all of the voters of Etobicoke Center, and in particular, as the Supreme Court stated:

( 28_....  The fundamental purpose of s. 3, in my view, is to promote and protect the right of each citizen to play a meaningful role in the political life of the country. Absent such a right, ours would not be a true democracy.

29      The constitutional guarantee of the right to vote in s. 3 of the Charter is a fundamental provision, not subject to constitutional override under s. 33 of the Charter. Section 3 provides that citizens have the right to vote "in an election of members of the House of Commons or of a legislative assembly". The right to vote in the election of "members of the House of Commons" reflects Canada's constitutional character as a parliamentary form of government. Citizens have the right to vote in a specific electoral district, choosing among various candidates who wish to be the Member of Parliament for that district: see Henry v. Canada (Attorney General), 2010 BCSC 610, 7 B.C.L.R. (5th) 70 (B.C. S.C.), at para. 139.Wrzesnewskyj v. Canada (Attorney General) Supra. 

If criminals are entitled to be tired by a jury of their peers, should not elected officials in a representative democarcy not be elected from their peers or community? The word "Peer"that I am bringing to the discussion, admittedly, matters and is informative.

The word "Peer" has been legally defined in Canada as follows:

• “Peer”, of course, originally meant “peerage”, but in current usage it means more. It is defined in the Concise Oxford Dictionary, 7th ed., at p. 756, as “those of the same status as, and associated with, a person”, or “equal in any respect”. The question, of course, is the limit to which one can define “community” or “peer group” in the selection of an appropriate jury.
The Law Reform Commission of Canada, in considering the jury in its working paper 27, The Jury in Criminal Trials (1980), considered the functions of the jury and concluded as functions, inter alia, “The Jury as the Conscience of the Community” [p. 8] and “The Jury as an Educative Institution” [p. 13]. On either rationale or function, the community served, when so remote and indeed distinct, as some of our communities in the North are, would, it seems, necessarily qualify as being a distinct community or unique peer group. Peers and community, one could argue, would have to reach down at least to a group such as the Chipewyan band of the Dene, who not only evidence distinct cultural and linguistic traits but also occupy a distinct geographic area.
(R. v. Fatt (1986), [1986] N.W.T.R. 388, 1986 CarswellNWT 2, 24 C.R.R. 259, 54 C.R. (3d) 281, [1987] 1 C.N.L.R. 74, 30 C.C.C. (3d) 69 (N.W.T. S.C.) at para. 18, 19 Marshall J.)
[Subject(s): Civil practice and procedure; Criminal law]

It is respectfully submitted that, with an examination of the demographics of York South Weston and Etobicoke Centre, and by maintaining the Humber river, the clear and natural boundary between the two ridings,  without too much work it becomes clear that undoubtedly each disparate community on either bank of the Humber clearly have distinct demographic traits, more than likely language traits with more recent arrivals to Canada and immigrant communities in York South Weston, and a distinct geographical area- each occupying a different bank of the Humber River. 

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