Thesis Format
Integrated Article
Degree
Doctor of Philosophy
Program
Law
Supervisor
Glover Berger, Kate
Affiliation
Osgoode Hall Law School
2nd Supervisor
Botterell, Andrew
Co-Supervisor
Abstract
In Canada, federal and provincial elections are administrated by an independent, non-partisan election management body (EMB), staffed by professional election administrators (EAs) drawn from the civil service. As a part of the executive branch of government, EAs routinely implement legislation, design policies and perform an adjudicative function among their many tasks. In addition to these responsibilities, EAs must engage with constitutional law, as their task of administering federal elections, by-elections and referenda are central to section 3 of the Canadian Charter of Rights and Freedoms. Yet, we often ignore this constitutional dimension of EAs’ work. This dissertation addresses this gap. Using the theoretical lens of administrative constitutionalism, I examine and analyze the ways in which EAs “administer the constitution”, specifically as it relates to democratic rights and free expression. Each of the three articles takes a unique approach to this central research problem. The first looks at the source of EAs authority – the Canada Elections Act – suggesting that there is scope to consider the Act as “quasi-constitutional” because of the constitutional imperatives it contains in the expression of sections 3 and 2(b) of the Charter. The second article considers the role of EAs in upholding not just individual rights, but also structural (collective) rights related to the administration of elections. The final article looks at a unique instrument of constitutional interpretation – Charter values – as a way through which the academic and legal community can further substantiate the “constitutionalized” role of EAs. Using the theory of administrative constitutionalism as guidance, these chapters point to a new way of considering the role of EAs as more than just administrative actors and suggests that the constitutional dimensions of their work in the preservation of free, impartial and independent elections bears clear acknowledgement and deference from the legislative and judicial branches of government.
Summary for Lay Audience
In Canada, federal and provincial elections are run by an independent, non-partisan organization staffed by professional election administrators who are drawn from the civil service. These administrators take on several key responsibilities: they implement election laws, create policies that help voters, candidates, registered political parties and other actors participate in elections. They also make important decisions about the legality of certain activities as they relate to election campaigns. However, their role goes beyond these duties; they also play a critical role in upholding our constitutional rights, specifically our democratic rights and freedoms, as outlined in section 3 of the Canadian Charter of Rights and Freedoms. Yet, this constitutional aspect of their work often goes unnoticed. This project explores this overlooked part of election administrators’ roles. Through the concept of “administrative constitutionalism”, which considers how public officials interpret and uphold constitutional principles, I examine how these administrators support democratic rights and free speech. The project is divided into three parts, each addressing a different aspect of this constitutional role. First, it looks at the Canada Elections Act, the law that guides election management, and argues that it has a “quasi-constitutional” status because it directly implements and shapes our constitutional rights. The second part explores how election administrators protect not only individual rights but also collective rights, like those that ensure fair election practices. Finally, the third part examines how managers use “Charter values” (key principles that guide interpretation of the Charter) to reinforce their role in upholding these rights. Together, these insights suggest an innovative way to view election administrators – not just as civil servants but as essential guardians of our democratic rights. Their work in protecting fair, unbiased, and independent elections deserves greater recognition from both lawmakers and the courts.
Recommended Citation
Lawlor, Andrea, "Administering Electoral Democracy: The Administrative Constitutionalism of Canadian Federal Election Law" (2025). Electronic Thesis and Dissertation Repository. 10692.
https://ir.lib.uwo.ca/etd/10692
Creative Commons License
This work is licensed under a Creative Commons Attribution 4.0 License.
