TORONTO (February 21, 1996) - The Ontario Election Finances Commission,
presided over by appointees from the three parties in the legislature, reviewed
Fp secretary Robert Vaughan's request to have the Commission appoint non-voting
representatives from the unrepresented registered political parties as
observers at all Commission meetings. The issue had been raised at several
meetings between the Commission and the alternative political parties (see past
editions of Freedom Flyer).
In rejecting Vaughan's request, the Commission argued that it "does not have
the statutory authority to appoint observers to the Commission," and encouraged
the alternative parties to "discuss their concerns with their MPPs." The
Commission pointed to its "history of behaving responsibly," but noted that
"unrepresented registered political parties are completely subject to the
policies adopted by the Commission."
However, the most alarming issue raised by the Commission in its response to
Vaughan's request was in reference to the Statutory Powers Procedure Act.
In its February 21, 1996 minutes, the Commission reported that:
"The Statutory Powers Procedure Act has been amended to provide for PAPER
HEARINGS RATHER THAN FACE TO FACE HEARINGS. (Emphasis ours.) This amendment was
designed to simplify the process. Although the Commission does not have a
statutory obligation to hold hearings, it ensures that when it decides issues
that affect the significant rights or interests of those involved that
appropriate procedures for ensuring procedural fairness have been observed."
What makes the Commission's statement particularly disturbing is the fact that
there are no defined "rights or interests" for Ontario's officially registered
political parties. There are only "limits," prohibitions, and regulations
designed to control political fundraising in Ontario. As a consequence, there
are no guaranteed avenues of appeal to Commission decisions and rulings. All
"rights" and "procedures" depend upon the whim of the Commission.
The Commission pointed to its practice of having "occasional informal meetings
with representatives of registered political parties without representation" on
an "ad hoc" basis, and that any deliberations on items of concern to the
parties - "particularly policy matters" - would "continue to be conducted in
private."
