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Greens launch formal complaint over debate exclusion

Last Updated: Thursday, January 5, 2006 | 8:51 PM ET

The Green party has launched a formal complaint with the CRTC over the exclusion of their leader Jim Harris from the election debates, claiming the snub is unconstitutional.

In a letter to the broadcasting regulator, lawyer Peter Rosenthal calls for a revision of the debates policy, charging it is not consistent with the Charter principles of free and democratic elections.

"To deny the Green party participation, it perverts the democratic process," Rosenthal told CBC News Online.

In his letter, he quotes Professor Frederick Fletcher, an expert on media and elections, who writes that the "televised leaders debates are among the most important events in a Canadian election campaign."

Fletcher writes that the number of votes the Green party candidates receive would "significantly increase" by participation in the debates and would probably result in "thousands of additional votes."

Rosenthal cites previous Supreme Court of Canada cases which he says imply that there is a constitutional requirement to allocate equitable broadcast time.

"By restricting participation in the debate to the leader of the four "major" parties does truly drown out the voices of Green party candidates and is thus unconstitutional," Rosenthal writes.

In the letter, Rosenthal points out that the party is running candidates in all 308 ridings, and received 4.3 per cent of the vote in the last election.

Although the Green party has little chance of forming a government, amendments to the Canada Elections Act make every vote count. A party that now obtains two per cent of the vote, will receive $1.75 for each vote for each year until the next election.

Rosenthal writes that he understands that allowing all registered parties to participate in the debate might make the debates "too unwieldy."

He suggests a drawing line be made at those parties who have obtained at least two per cent of the vote, the same threshold needed to receive per-vote financing.

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