Abstract
This paper elucidates several key aspects of laws governing federal by-elections in Canada, both in contrast and similarity to general election laws and policies. Analyses begins with a brief overview of the history and purpose of federal by-elections in Canada, followed by statutory examination of the Canada Elections Act and Parliament of Canada Act (including laws pertaining to resignations and vacancies). Next, the role of the Chief Electoral Officer of Canada and the Speaker of the House of Commons is examined, including case studies of Elections Canada and the Electoral Commission of New Zealand. Select jurisprudence is discussed, highlighting two particularly timely cases. Proportional representation (PR), coupled with first-past-the-post (FPP) by-elections are reviewed, including mixed-member proportional (MMP) representation. Two case studies are introduced: a judicial recount in Hochelaga, Quebec, and New Zealand’s MMP general election and FPP by-elections systems.
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