The Party’s court application filed on July 21, 2021
One of the Green Party of Canada’s founding constitutional principles is that the Members are in charge, with a council-of-equals (Federal Council) representing the Members between General Meetings. The Party’s court application filed on July 21 ( < click or tap to view that application ) is absolutely necessary. Otherwise, the Green Party of Canada will be down the road toward being solely directed by the Leader, as is seemingly done in the Liberal, Conservative, and New Democratic Parties.
In the Party’s July 21 court application, section ( i ) states “The Party is not a signatory to the Employment Agreement nor to the arbitration clause”. That’s true. And more importantly, the Party is an “unincorporated association” and such associations cannot enter into legal agreements, or be directed by a court order like a person or a corporation can (unless the legal rights of a person or a corporation is granted through the registration with legislation such as the Elections Canada Act).
Through the Party’s registration as per the Canada Elections Act, its legal standing is that of a “Registered Party” and through that registration it does not gain the legal rights or entitlements of a person or a corporation (with one exception: for the purposes of receiving a penalty prescribed by that Act, the Party shall be considered a person for only the extent and purposes of that penalty).
That Act governs Registered Parties through the registration of a Leader (must be a person), a Chief Agent (a person or corporation), and Auditor (a person or corporation). Those persons/corporations have obligations and responsibilities as defined in the Act and are in a “trust” relationship to act on behalf of the Party as per the Party’s Constitution, bylaws, and other decisions of the Membership. Enforcement of that “trust” can only be done via the provisions in that Constitution, those bylaws, or other decisions of the Membership or Federal Council.
So a legal action against the Party can be dismissed on the grounds that the Party has no standing in law (other than what is stated in the Canada Elections Act). Therefore, I completely agree with sections ( n ) and ( o ) of the Party’s court application and agree with the requests that follow as they flow from sections ( n ) and ( o ).
Also of note is that having the “Green Party of Canada” named as a party to this court action is in error (and should have no legal effect). It must have been included for political reasons. The Fund, on the other hand, is the Chief Agent of the Party and is therefore the legal representative of, and is the entity that enters into contracts on behalf of, the Party. The Fund must be a party to this court action for it to be valid.
Steve Kisby
Vancouver, BC
Thank you for your clarity and objectivity in navigating this sensitive issue