Manitoba judge upholds former law that banned switching political parties

But Lanchbery ruled that legislatures have the right to set their own rules, and the courts should not interfere.

“Although (the floor-crossing ban) may be bad public policy, courts should not become the adjudicator of legislation or policy that is within the sole purview of the legislature,” Lanchbery wrote.

“This is the very nature of parliamentary privilege. If a court were to do so, it would trample on the constitutionally protected separation of powers.”

Lanchbery also ruled that Fletcher continues to enjoy the rights of a legislature member in terms of representing his constituents and speaking in the chamber. He added an Independent member may arguably have more freedom in the legislature than a caucus member.

“He is not governed by the historical role of the party whip who determines who may speak on behalf of a political party on any issue before the legislature.”

While the Tory government agreed last year to lift the ban — and passed the required amendment earlier this month — the government fought Fletcher in court on the principle of parliamentary privilege.

Fletcher said Tuesday he considers his case a win anyway, because he forced the government to change the law.

“The fact in the end is the government agreed … and we have freedom in Manitoba that was denied up until recently.”

The ruling means, however, that a future government could bring in a similar ban.

Premier Brian Pallister said Tuesday he would not do that.

“Democracy is not well-served by tying people into a particular political party unnecessarily. I think members have the right to use their judgment.”

While Fletcher now has the right to join another party, he has said he was fighting the law on principle only. He has made no sign of joining either of the opposition parties.

Steve Lambert, The Canadian Press

by Canadian Press

Manitoba judge upholds former law that banned switching political parties

What's Trending