Supreme Court won't hear case contesting constitutionality of Canada's voting system

A sign directs a voter to a Calgary polling station to cast their ballot in the federal election on Monday, April 28, 2025. THE CANADIAN PRESS/Jeff McIntosh

OTTAWA — The Supreme Court of Canada will not hear an appeal challenging the constitutionality of Canada’s first-past-the-post electoral system.

The system, set out in the Canada Elections Act, sees the candidate who receives the most votes in a given riding become the member of Parliament.

Fair Voting BC and the Springtide Collective for Democratic Society argued in court that the first-past-the-post system violates the Charter of Rights and Freedoms’ guarantee of effective representation.

The groups also said the system leads to the under-representation of women and other groups in Parliament, breaching the Charter’s equality rights provision.

The Ontario Superior Court dismissed the challenge in 2023, saying that while a proportional representation system would be a fair alternative to the current approach, it is not required by the Constitution.

The province’s Court of Appeal also rejected the groups’ key arguments.

This report by The Canadian Press was first published April 2, 2026.

Jim Bronskill, The Canadian Press