Suing the Federal Government and Elections Canada.

I was speaking with two homeless gentlemen who had just been order to move their tent from the location on Gladys Avenue where they had erected it.

The discussion concerned their right to camp there in light of last weeks follow up court ruling that Victoria’s recently enacted bylaw (enacted after the original BC Supreme Court ruling that the homeless had a right to camp on city property when the city had failed to provide alternative housing choices) that required the homeless to take down their tents and camps every morning.

The new ruling confirmed that the homeless have the right to camp undisturbed in BC cities where sufficient housing alternatives are not available.

I pointed out that with the City of Abbotsford choosing to deny them their legal right to camp what was required was for them to take Abbotsford to court as had been done in Victoria.

Further discussion lead to me conceding that the costs involved were a barrier; but it was a barrier all non-wealthy citizens of BC faced whether they were homeless or were, at least for the moment, housed. As the Chief Justice of the Supreme Court of Canada noted in her recent BC speech.

The conversation lead to me pointing out that if I wished to assert my right to be a candidate in the next federal election, a right protected by the Canadian Charter of Rights and Freedoms but currently denied to me, I would need to sue the Government of Canada and Elections Canada.

Which lead to the explanation that while Elections Canada on their own website acknowledges that “The right to be a candidate in a federal election is protected by the Canadian Charter of Rights and Freedoms and that unless specifically declared to be ineligible under section 65 of the Canada Elections Act any person qualified as an elector may run for election”, they proceed to deny me the right to seek election to Parliament.

That the requirement “At the same time as the witness files the nomination paper and other documents with the returning officer, he or she must submit a deposit of $1,000 in Canadian funds…” denies me my right to seek office.

With the financial reality of my life the required $1,000 deposit denies me (and a growing number of other Canadians) my right to seek election to Parliament.

As a result of this entire conversation I find myself beginning the process of seeking a Supreme Court of Canada injunction preventing Elections Canada and the Canadian Government from holding an election with rules that deny me my right as a Canadian citizen to seek election to Parliament.

Leaving me to seek advice, ideas as well as legal representation that fits within my financial resources and budget of – $0.

I never said that asserting ones rights when one is not wealthy would be easy, just that it was possible to sue the government and assert one’s rights.

Indubitably the injunction would spare us another immediate federal election.