Canada / Petitions

e-7315 · Parliament 45

Recall for floor-crossing MPs

AI summary

Petitioners ask an MP who joins another party face recall and a by-election if 20% of prior riding voters sign within 90 days. The government responds MPs may change affiliation and need not resign.

AI summaries describe petitioners’ requests and claims. Consult the official record for the full text.

Official petition

Petition to the Prime Minister The democratic mandate of a Member of Parliament is established by voters based on the political party and platform represented during a general election; Voters cast ballots with the expectation that an elected Member will continue to represent the party affiliation under which they were elected; A Member of Parliament crossing the floor to join a different party significantly alters the representation chosen by the electorate without providing voters the opportunity to reconsider that choice; and Such changes in partisan affiliation can undermine democratic accountability, and Canadian citizens and residents require a formal mechanism to hold Members of Parliament accountable when a fundamental change in party membership occurs mid-term. We, the undersigned, citizens and residents of Canada, call upon the Government of Canada to: 1. Introduce legislation to establish a recall mechanism for any Member of Parliament who leaves their caucus to join another political party; 2. Mandate that a recall petition process be automatically triggered within an electoral district once a Member of Parliament formally joins a different political party than the one under which they were elected; 3. Establish a requirement that if a recall petition receives signatures equivalent to at least 20% of the total votes cast in that riding during the previous federal election within 90 days, the seat shall be declared vacant; and 4. Require that a by-election be called immediately following a successful recall petition to allow voters to determine their representation under the altered circumstances.

Government response

Response by the Minister of Transport and Leader of the Government in the House of Commons Signed by Kevin Lamoureux The Government of Canada is pleased to respond to this petition. To ensure that the actions of Parliament reflect the will of Canadians, at least every four years, Members of Parliament are elected through free and fair elections administered in accordance with the Canada Elections Act. The candidates in each electoral district who receive the most votes are sworn in as Members of Parliament. Until an election or a by-election is called, each of the 343 Members of Parliament are entrusted with representing their constituents in the House of Commons. Members of Parliament are elected upon the principle of local representation. This means that when a federal election is called, Canadians cast a vote to elect a local Member of Parliament who will represent them in the House of Commons, and who will debate and pass legislation on behalf of the residents of their electoral district. According to the House of Commons Procedure and Practice, which includes the rules governing the House of Commons, while most Members of Parliament are elected with a party affiliation, “they are not obliged to retain that party label during the whole of their mandate. A member who changes party allegiance, or who decides to sit as an independent, is under no obligation to resign their seat and stand for re-election; entitlement to sit as a member is not contingent upon political affiliation”. Regardless of party affiliation, Members of Parliament represent their constituents, and are free to exercise their judgment on the best way to serve them. These rules apply to all members of the House of Commons. Constituents are also free to express their satisfaction or dissatisfaction with how they are being represented directly to their local Member of Parliament, who will ultimately be held to account at the next election. Outside of the Canada Elections Act, which governs all aspects related to the administration of federal general and by-elections, political parties are responsible for managing their own internal affairs and policies. The Government of Canada does not play a role in how political parties, which are independent entities, carry out their decision-making, including with respect to membership. In addition to federal elections, Canada’s participatory democracy enables and encourages all Canadians to make their voices heard in the day-to-day democratic process through a variety of means. This includes having access to Members of Parliament through the work they do in the House of Commons and committee meetings. Canadians can attend live debates and proceedings, as well as most committee meetings in the House of Commons and the Senate whenever Parliament is in session. Parliamentary committees also seek input from the public on many ongoing studies that are posted publicly. Canadians can also contact their Members of Parliament directly on matters of interest or importance to them at any time, including on policy and legislation, through their constituency offices, letter writing, starting or signing petitions, or through advocacy work. Thank you for taking the time to participate in Canada’s democracy by sharing your thoughts on this issue.