Formula for redrawing B.C.’s electoral boundaries fails small communities

Published in Vancouver Sun, May 22 / 2021

B.C.’s electoral boundaries are about to be redrawn, increasing the size of the legislature yet again, while eroding representation in rural areas outside the faster-growing major cities. It’s a losing formula that causes continued bloat in the size of the legislature, while failing those in small communities around the province.

Representation in BC: Let’s take time to think about this

There are two issues at play and, if we untangle them, there is a better solution for the Electoral Boundaries Commission to consider:

• Rural ridings need strong representation. Rural MLAs have multitudes of small communities located far apart, and many have large Indigenous populations. The riding of Fraser-Nicola, for example, has dozens of small communities and First Nations, compared to where I live in Vancouver-Fairview, which is one of 11 ridings in the City of Vancouver. The demands are very different on rural MLAs, and few would argue that the role of rural MLAs should be made harder.

• Representation by population. Rep-by-pop in B.C. was strengthened through the Electoral Boundaries Commission Act in the 1980s, precipitated by the Dixon case that put the focus on voter equality. At the time, some ridings were 12 to 16 times larger than other ridings. Because of urban growth, pure rep-by-pop in our system today would either dramatically increase the geographic size of rural ridings, or dramatically increase the size of the legislature, way beyond the proposed increase to 93.

How do we reconcile these mutually exclusive goals?

Let’s do something we are already doing in regional districts and weight the votes of our MLAs. In Metro Vancouver, for example, the mayor of Belcarra gets one vote at the regional district table, but the mayor of Vancouver gets five votes. Elected officials in all of Metro Vancouver’s local jurisdictions have weighted votes based on the population of their community, as they do in other regional districts across B.C. It works fine — the larger centres have clout to reflect their size, and the smaller communities get a voice and are at the table.

Provincially, we can do something much simpler than the regional district formula by having one vote for MLAs from rural ridings in regions like the North, Kootenays and North Island, and two votes for MLAs in urban regions like the Lower Mainland and the Capital Region of greater Victoria.

It would allow for sensibly drawn one-vote rural ridings that allow for fair, effective representation.

In urban B.C., we would not need to increase the number of ridings, as each urban MLA would have two votes, because they would represent roughly twice as many constituents than a rural riding.

The outcome of votes in the legislature would better reflect the population, while rural ridings would get better representation, since their MLA could focus on a smaller number of communities.

While rural ridings would lose their percentage share of seats in the legislature, they would be a higher percentage of the people in the legislature, providing them more opportunities for representation on committees, leadership roles, and in cabinet.

An important consideration is First Nations representation. The Dixon case led to the elimination of the Atlin riding in northwest B.C., which had a majority population of First Nations people. It elected the first First Nations MLA, Frank Calder, in 1949, and was represented by a First Nations MLA for 35 of 42 years until 1991.

After Atlin was eliminated, there was not a First Nations MLA elected until 2016. Protecting rural ridings provides more opportunities for First Nations representation in the legislature.

A weighted legislature, as outlined, is not proportional representation or other schemes that have failed over the years. Each voter would vote for one MLA. It also would not impact who wins elections. The votes are in the Lower Mainland, and that is not going to change. A winning political party needs to win there.

Cranking up the number of seats in the legislature is a losing game of math. It’s time to face the issue and find a way to both provide rep-by-pop and protect rural ridings.

Let the new Electoral Boundaries Commission explore weighted votes, a more inclusive solution for the benefit of all British Columbians. Then we will see if this idea floats or sinks under the weight of its own weighting.

(Thanks to Henry Waatainen for his editing help and advice)

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The op-ed above has its roots in a submission I made to the Citizens Assembly on Electoral Reform in 2004. At that time, I put forward the idea of regional weighting to address rural representation, among other proposals. I worked in the Gordon Campbell government from 2001 to 2003 when the BC Liberals held an overwhelming number of seats – 77 of 79. As Director of Communications to the Government Caucus, I worked alongside practically every MLA in the House and gained an understanding of their jobs. We supported their constituency communications and it was apparent how rural MLAs had considerably more burdens placed on them than urban MLAs when it came to local accountability and expectations. Having followed the boundaries process closely over the years from the beginning of the post-Dixon case processes – the Fisher Commission and the Wood Commission for starters – the challenge of reconciling rural representation with urban growth was a thorny issue already by 2004. The size of the Legislature had grown from 57 seats in 1986 to 79 seats in 2001 (and now we are heading to 93). So, I made my modest pitch to consider a weighted formula. It was met with slow claps and deafening applause and so it returned to the dusty shelves of my brain for 17 years.

In addition to regional weighting, I also proposed a return to an Alternative Vote. This is the system used in 1952 and 1953 in BC, and in fact is used in party leadership selections and candidate nomination meetings. You vote once, but you rank your 1st, 2nd, 3rd (or more) choices, depending on how many candidates. The winner is the one who gets a majority. Essentially, this is how the Socreds improbably came to power in 1952 by climbing the ladder in the second and third counts, usurping the CCF who would have otherwise had the plurality of seats. WAC Bennett did away with the system following the 1953 election. Since 2004, I’ve lost a little bit of my enthusiasm for this system, but I’m still open to it. The benefit is that you can vote with your heart on the first choice and your head with the second. The upstart, little parties can get first votes without threat of vote splitting. And the least-opposed candidate should win in the end. The downside is that it can be a gang-up against the incumbent government, and it can oxygenate fringe parties that can be destructive. However, that’s democracy and an AAV system is not as rewarding to fringe parties as proportional representation.

Finally, I proposed to the Citizens Assembly that non-voting seats should be considered for leaders of un-represented parties that received a minimum percentage of the popular vote, but did not gain a seat. If, say, 10% of British Columbians vote for a party and do not return an MLA, why not provide an opportunity for that party to at least be heard on the floor of the Legislature? They could be provided rights to speak, move motions, and have many of the privileges of MLAs… except vote.

The idea of non-voting representatives is not a new one. The US House of Representatives has six non-voting members – from the District of Columbia, Guam, Puerto Rico, US Virgin Islands, American Samoa, and the Northern Mariana Islands. The delegate from the Virigin Islands, Stacey Plaskett, was an Impeachment Manager earlier this year.

Taking the idea of non-voting members a bit further, in 2004, I proposed seats on the floor for Indigenous British Columbians. Again, this is not a new idea. The State of Maine historically had representation in its Assembly for the Penobscot Nation and Passamaquoddy Tribe, dating back to the early 1800s, though in recent years, their representation was withdrawn.

The Cherokee Nation asserts that it has treaty rights entitling it to a Delegate to the US Congress. As well, the Choctaw Nation has rights stemming from an 1830 Treaty, but requires Congress to seat their delegate (it’s never happened). These are interesting examples that should challenge us to consider how our Legislative Assembly can include more voices. It does not require departing from the principle of elected members, represented by the people, having the final say. But, I believe, there can be room for more inclusivity in terms of voices.

Should BC consider Indigenous representation on the floor of the House? My 2004 submission was influenced by the work of trail-blazing Member of Parliament and Senator Len Marchand. Len was a great man who fought hard for Indigenous representation. He was the first First Nations MP elected in BC history, in 1968. The fact that Jody Wilson-Raybould was only the second, elected in 2015, goes to show how difficult it has been for Indigenous people to attain elected office. I wrote about this in my blog in 2015, after JWR’s election. In the 1980s, Len advocated for guaranteed representation for Indigenous peoples. His argument, as I recall, was that there should be as many Indigenous voting seats as population warrants. At the time, it amounted to about 9 seats (3% * about 300 seats), but would be more today. My 2004 proposal was more modest and attached itself to US-style non-voting seats. Since then, there are now three First Nations MLAs in the Legislature, but that shouldn’t be any reason to be complacent. Until Melanie Mark’s election in 2016, there had only been two First Nations MLAs in BC history – Frank Calder and Larry Guno – and they were both elected in the now-extinct riding of Atlin. I would like to see more First Nations elected at riding level, and I think my 2021 proposal on rural ridings will help that to some extent. In terms of non-voting seats on the floor, I would leave that entirely to the opinion of Indigenous leaders as to whether they thought the idea had merit or not. (And by the way, I recommend the biographies of both Len Marchand and Frank Calder).

With reference to the Citizens Assembly above, for those who aren’t aware, or had forgotten, it was an initiative of the Gordon Campbell government to consider options as to how BC governs itself. Former BC Liberal leader and respected commentator Gordon Gibson was appointed to develop recommendations on how such an Assembly could be structured. Two people, a man and a woman, from each of BC’s then-79 ridings were selected basically at random, plus two Indigenous members, and finally, the chair of the Assembly, Jack Blaney, who was appointed by the government. It had a brilliant staff including Dr. Ken Carty and reformed journalist Don MacLachlan. The Assembly members toured BC and heard from citizens like myself who had ideas about how BC should be represented. They produced recommendations and a report that was submitted to the Legislature, and their recommendations were put to referendum in 2005. The Campbell government required a threshold of 60% of the vote with a majority in 60% of the ridings.

While the Citizens Assembly did not take my advice, they did develop recommendations that were supported by its members. I appreciated the opportunity to have my say. In the end, their proposal, complicated as it was, almost succeeded, winning majority support in 77 of 79 constituencies but falling short of the 60% support required. Elections BC report is here. A similar proposal was put to province-wide referendum again in 2009, but failed by a wider margin. A government-driven proposal for proportional representation failed recently by referendum, in 2018. I wrote about my opposition to that proposal here.

As for the current Electoral Boundaries process, we’ll see what happens. More to say on that later.

30 years later: the election that shaped Canada in 1988

November 21st marks 30 years since the most consequential election in a generation – the 1988 federal election.   This rematch of 1984 was remarkable for its substance, its strategies, and its aftermath.

It demonstrated that campaigns matter, with huge momentum shifts and gutsy, dramatic performances by John Turner and Brian Mulroney. It was an election that pivoted on Canada’s image of itself in relation to the United States and drew 76% of voters to the polls. Not only did the election decide Canada’s course on free trade, it represented the climax of the Mulroney era. No Conservative government had won back-to-back majorities since John A. Macdonald in 1891. Despite this moment of triumph, five years later the Progressive Conservative Party would be a smoldering ruin, its grand coalition (Quebec-Alberta Bridge) ravaged by regional alienation and Quebec nationalism.

It was the first general election where I was able to take a peek in the campaign cockpit. It was an election I will never forget.

The Substance

Like no other campaign in the past 30 years, it revolved around one major issue- Free Trade. Canada had signed a Free Trade Agreement with the United States. At that time, there was a much stronger sense of Canadian economic nationalism than there is today.   Already a prominent issue, Free Trade dominated the agenda when Liberal leader John Turner instructed Liberal senators to block Free Trade legislation. The Liberals had a majority in the Senate. The Mulroney government was powerless to pass Free Trade without Senate approval. Turner had forced Free Trade as the defining issue of the election.

The other centerpiece of Mulroney’s agenda was the Meech Lake Accord. In 1987, Mulroney secured the approval of all ten premiers for a package of constitutional reforms that would bring Québec ‘into the Constitution’. The most contentious aspect was recognition of Quebec as a “distinct society”. Many critiques complained about its decentralizing power. It became a very controversial issue among elites (particularly liberal elites) and discontentment grew, especially in Western Canada.

The Strategies

Screen Shot 2018-11-21 at 10.56.10 AMJohn Duffy’s excellent book, Fights of Our Lives, outlines the political strategies used in the 1988 campaign – he named 1988 as one of the five top campaigns in Canadian history.

The Mulroney campaign started off in a bubble – a frontrunner campaign. After three years of scandal in his first term, Mulroney had righted the ship, in part because Free Trade provided him with a proof point of his leadership traits and economic agenda. The Liberals were internally divided and Ed Broadbent’s NDP were threatening to vault into second place. It seemed that Mulroney just had to play it safe, but that was hard to do in what was a seven-week campaign.

John Turner had his back to the wall. He had embraced the Free Trade issue and took some control of the agenda through the Senate gambit. He had public backing for his position: “Let the people decide”. However, by the time the election was called on October 1st, the Liberals were sagging in the polls. The Meech Lake Accord had badly divided them, while Free Trade also exposed a major rift. As Duffy writes, Turner supported Meech Lake for Quebec, and opposed Free Trade for English Canada. That was the bargain. In the first two weeks of the campaign, Peter Mansbridge breathlessly reported that there was a push within the Liberals to replace Turner mid-campaign with Jean Chrétien, his leadership rival. Turner stared them down and held on for the national TV debates taking place October 24 and 25.

NDP leader Ed Broadbent did not want a referendum on Free Trade. He wanted to talk about social issues and trust. He had successfully likened Mulroney and Turner as “Bay Street boys” in 1984, hurting Turner, and by 1988, there was also an aroma around Mulroney on trust. A Free Trade election would relegate Broadbent to the sidelines while Mulroney and Turner went mano a mano.

Meanwhile, out in the hinterland, Preston Manning was recruiting candidates and running a slate of candidates in Western Canada. He was gaining notice in church basements and in rural areas, but not seen as a major threat.

Mulroney, Turner, and Broadbent all supported Meech Lake. It did not become a vote-driving issue in the campaign.   This all-party consensus would have far-reaching implications after the election.

In 1988, campaigns could not advertise on TV until the time of the TV debates toward the end of October. The first few weeks were the ‘phony war’. It was the debates that changed everything, until they changed again.

John Turner limped into the debates looking like a political dead man – metaphorically and physically. He was fighting immense back pain. In the French debate, he exceeded expectations and brought some fight. Ed Broadbent, with limited French skills, was peripheral.

In the English debate, the fireworks came near the end. In 1984, Mulroney had destroyed Turner with a devastating attack on political patronage. In 1988, Turner assailed Mulroney on Free Trade, demonstrating considerable passion and conviction. As Duffy points out, Turner had been coached specifically on body language. While Mulroney returned Turner’s salvos, Turner was simply more convincing and authentic.

As has been the case with highly-charged leaders’ debates, the full impact is not known until days or even a week later. The same-night judging is conducted in a vacuum. It’s not until news clips have been repeated endlessly, and water cooler discussions take place, that momentum truly forms. Within a week, the Liberals were on a big-time roll, galloping into the lead. The PCs were on their heels. At this point, there were three weeks to go.

The Liberals also released one of the best TV ads ever produced in Canadian elections. It showed the Canada-US border being erased as part of Free Trade negotiations.

As a Young Liberal working in the trenches in BC, the sense of momentum was palpable. Excitement flowed through the campaign. For the first time since John Turner was elected leader in 1984, there were real grounds for optimism. Turner had been a major star as a cabinet minister, but after his retreat to law, he had not thus far returned to form as leader. The debate was a major turning point for him.

As Duffy chronicles, Mulroney held things together using his instincts while his strategists, like polling wizard Allan Gregg, crafted a new approach to deal with the Liberal insurgency. Ultimately, the PC campaign, which had lots of money, sent in the B52 bombers to pound the Liberal campaign, “bombing the bridge” of Turner’s credibility. The PCs had wisely agreed to TV debates well in advance of Election Day. This allowed them crucial time for a course correction. In provincial campaigns in BC in 1991 and 2013, and in Manitoba in 1988, TV debates that led to huge momentum changes occurred relatively close to voting and had big impacts. Mulroney’s forces turned back the Liberal tide.

The campaign saw a gutsy charge by Turner, taking his opponents by surprise with his passionate opposition to the Free Trade Agreement. It also saw a skillful counterattack by Mulroney in the final weeks, restoring the PC’s advantage. Both campaigns showed initiative and resolve. The Liberals, weakened by years of infighting and the disastrous 1984 campaign, simply did not have the wherewithal to win.

The Aftermath

Mulroney held Québec for which he had a clear proposition – pro-Meech Lake and pro-Free Trade. He held the West, which also embraced Free Trade. The Quebec-Alberta Bridge of 1984 was kept in tact, but would soon crumble.

Turner’s Liberals reclaimed some of their lost ground in English Canada, especially in Ontario. The Party, reduced to rubble in 1984, now had a much stronger caucus and a lot of new blood.  Turner left the Liberals in better shape then he found them in 1984.

The NDP had its best showing, in part because it did very well in British Columbia. Strategic voting against Free Trade in BC meant voting NDP instead of the Liberals. Overall, the results were a disappointment for Ed Broadbent in his fourth campaign as leader.

With a majority in hand, the Senate relented, and Free Trade was passed. In the 1990s, it would morph into NAFTA. As a national policy, it has stood the test of time.

The re-election of the Mulroney PCs also led to the introduction of the GST. The GST had as much or more to do with its ultimate demise than anything. But again, it’s a policy that has stood the test of time. No government will get rid of the GST.

Has there been an election since Confederation that led to two foundational blocks of our national economy like 1988?

Despite the all-party consensus over Meech Lake, the consensus would break down as new premiers were elected. Liberal Frank McKenna expressed his doubts. A minority government in Manitoba in 1988 forced PC Premier Gary Filmon to take hard line, in step with his opposition leader Liberal Sharon Carstairs. Then Clyde Wells was elected as Premier of Newfoundland, the staunchest critic among the premiers. Preston Manning and the Reform Party were a gathering storm in Western Canada. With Free Trade settled, westerners turned their attention to a constitutional deal that went against their grain.

In 1990, the Meech Lake Accord fell apart in a final desperate week to salvage it. Regional forces were unleashed that blew up the PC’s Quebec-Alberta Bridge. Brian Mulroney’s star recruit in Quebec in 1988, Lucien Bouchard, spectacularly resigned and formed the Bloc Quebecois, later leading the Oui forces in the 1995 Quebec referendum. Mulroney would try again in 1992 with the Charlottetown Accord which was put to national referendum. Everyone was in favour of it, except the people. Lucien Bouchard’s Bloc Quebecois and Preston Manning’s Reform Party would be the 2nd and 3rd parties in the House of Commons after 1993.

Kim Campbell became the first female prime minister, and first home-grown British Columbian to be PM, and went down to a historically brutal defeat. A mere five years after its climactic victory, the PCs had virtually been wiped out, reduced to two seats. They would limp along until merging with the Reform Party’s successor, the Canadian Alliance. In effect, the Canadian Alliance conducted a reverse takeover of this venerable national party.

Jean Chrétien won the first of three successive majority governments, based largely on an Ontario vote split caused by Meech Lake and the GST.

The aftermath of 1988 also had a huge impact on Canada’s aboriginal peoples. As Meech Lake reached its final moment, Manitoba MLA Elijah Harper blocked approval in the Manitoba legislature.  Harper’s act of defiance put aboriginal issues front and centre on the constitutional agenda.

What If?

What would have happened if John Turner had won in 1988? He would have had a huge challenge holding his government together on Meech Lake.   Is it possible that Turner could have resolved the impasse with Liberal Premier Clyde Wells. Unlikely, but it’s possible. Mulroney was unsuccessful, but Turner would have had a shot.

Turner would have had a very difficult road ahead in re-negotiating or walking away from the Free Trade deal. He would have faced blistering opposition from the Canadian business community.

It’s unlikely the Liberals, given these challenges, would have had the courage to bring forward a value added tax, like the GST on the same timetable as the Mulroney government.

The PCs would not have been decimated in 1993. Had they lost in 1988, they would have had a strong opposition. Perhaps a new leader would have taken over, or Mulroney would have stayed to fight another day.

Would we have seen Jean Chrétien as prime minister?  Probably not.  He would have been on the outside looking in while Turner governed.

Campaigns matter. They change the course of our country, provinces, and communities. And no campaign in recent times changed the course of Canada like 1988.

For further reading:

Fights of Our Lives is an outstanding (and fun) analysis of election campaigns in Canada since Confederation. John Duffy pulled off an epic volume. My only complaint is that he hasn’t updated it!

Letting the People Decide. A scholarly analysis of the 1988 election by UBC Professor Richard Johnston and other academics. It takes a deep dive into (credible) polling data.

Elusive Destiny. Paul Litt’s book on John Turner’s political career. Strong recommendation.

And finally, my Poli Sci guru Prof. Ken Carty weighs in on the reading list:

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It’s no time to change time change

By Jay Denney

It’s one of the longest ongoing debates in the public sphere – should we keep changing our clocks twice a year, or not? For as long as anyone can remember, it is an issue that pops up twice a year, gets debated for a week or so, and then the sun sets on the conversation yet again (either an hour earlier or later than when the debate started).

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At a Toronto meeting in 1879, Sandford Fleming proposes international Greenwich time, dividing the world into 24- one hour zones. starting at the Greenwich meridian. (Radio Canada International)

2017, however, has been different. The Alberta Legislature recently studied the matter, and ultimately voted to keep observing Daylight Saving Time (DST). And in B.C., MLA Linda Larson has introduced a Private Member’s Bill to scrap DST province-wide. The argument in favour of keeping clocks the same year-round tends to focus on the first two three days after the spring ahead or fall back, mainly on the effects on health and increased auto and workplace accidents.

But what about the impact on the B.C. business community? Currently, B.C. maintains the same local time year-round with the US West Coast, which is a benefit to our burgeoning tech sector, who frequently interacts with other tech hubs in Seattle and Silicon Valley, just as the TV and film production sector does with Hollywood. They also maintain a permanent one-hour time difference with their Alberta neighbours, and a three-hour time difference with the major financial networks in Toronto and New York.   Affixing to either Standard or Daylight Savings Time would throw all of those time relationships off-kilter for part of the year (see Fig.2).   Could that be harmful to business development? Would U.S. based tech firms choose to grow their businesses state-side, thus slowing their recent expansions in B.C.? Would it impact where resource companies choose to locate their offices? Would it have an impact on jobs and opportunities in the financial sector?

One area it would certainly have an impact on would be transportation. Take for example, direct flights from Vancouver to Toronto, one of the busiest routes in the country. Currently, a flight leaving Vancouver lands in Toronto roughly 7.5 hours later (4.5 hours flying time plus 3 hour time change). If B.C. were to affix to a single time, that schedule goes off by an hour for half of the year, impacting connections, crew scheduling and ground operations, particularly with the first and last flights of each day. This could prompt Air Canada and WestJet to re-evaluate flight frequencies into and out of B.C. communities. In fact, WestJet was quite vocal during the Alberta Legislature’s study of the matter, and had projected a negative impact on air travel and connections in Calgary and Edmonton.

Further, while many people think changing the clocks is an outdated practice, there is less agreement as to which should be made permanent.   Keeping standard time year round would mean an earlier sunrise and sunset in the spring and summer, while fixing to daylight savings time would keep the late summer evenings we are used to, but mean darker morning and later sunsets in the winter.   Whatever choice is made, again it would have economic impacts. Take seasonal summer businesses for example. Many of them, such as boat and bike rental companies, and golf courses, rely on the late evening daylight to generate revenue. Would the business they lose from an earlier sunset be offset by having daylight at 3:45 in the morning? Not likely.

Most people can agree that the first few days after a time change are annoying, either because we’ve lost an hour of sleep in the spring, or because it is dark out by 4:00 pm in the fall. And we get cranky and say we just stop doing this already. But we shouldn’t be so quick to make that switch without thoroughly studying its full impact. At the very least, we should sleep on it… preferably for an extra hour in the fall.

Jay Denney is a long-time political advisor, with past experience as a Ministerial Chief of Staff in the BC Government, and as Director of Communications to former federal Cabinet Minister Stockwell Day.