Under the party Constitution the National Executive must call for an Election of the national leader within 6 months of receiving the notice of resignation of the leader.

I have posted the following comment in response to Melissa's leadership message from October.

"#1 Phil 2010-05-10 21:37
Quoting Melissa (above)
"The first goal in my mandate is to begin the process of electing a leader by the membership in accordance with the Canadian Action Party Constitution. In addition I look forward to inviting all Canadian Action Party members to help prepare the party for a federal election."

(Phil noted)
It is over 6 months since this post. Under the Constitution The National executive should have scheduled a leadership election. See section 10 of the constitution below.

"Leadership Review and Elections

In the event that more than fifty (50) percent of the votes cast in the Leadership Review under 8(a)
or more than sixty (60) percent of the votes cast under 8(b) are in the affirmative, or upon the death
of the Leader or public announcement of the Leader’s intention to resign, National Executive shall,
within six (6) months, call for a leadership election."


Are members entitled to know what the plans of the NE are for a leadership convention ?

I'm not a member, though am considering. If I join I would likely be very active so am standing back to see if CAP is a fit, mostly with my idea that the many Nations in Canada are growing and all will have to leave the current nest at some point.

But this violation of the Constitution (providing it is) appears to me to be understandable at this point of the party. In fact the party may decide it is not a violation since I suspect that clause was meant for more normal conditions.

Either way it does show that the Constitution needs to give direction on what happens when it is violated, or cannot be followed. Otherwise it can be the cause of unneeded problems.

Are members entitled?

IMO you bet! As the deadline approached communication from the NE should have increased, if only to explain why meeting the deadline was going to be difficult.

When the deadline past there should have been a communication to inform all members of the violation, the reason, and steps being taken to address the issues created (could be as simple as revising the Constitution).

BUT I think we can all understand how things can slide by, particularly if professional or home demands change. CAP is still young and small I wouldn't see this violation (if it is) as any more significant than the first post suggests. Meaning (if I read the first post correctly) there needs to be some communication on the issue.

Now that CAP is in this position they (NE and locals) should at least plan meetings to discuss the issues created and from those meetings ideally an action plan. I see many options other than a full out convention and several delaying options but it is important that the NE keep the ball in play, so to speak.

Either way the ball appears to be in the National Executives court. As an outsider I will learn much by watching how this plays out.

Perhaps I was too gentle in describing the situation and apparently implying "wiggle" room.

On July 8th 2009, the then duly elected leader, Dr. Andrew Moulden engaged in a heated exchange with the NE over differences and a threatened motion. Shortly after the exchange he left the party. The interim leader was Dave Wilkenson who subsequently resigned Sept 14, 2009

Because of the vagueness of when Moulden actually gave notice of his intent, lets be charitable and use Sept 14, 2009 as the trigger date.This would give the NE till Mar 14, 2010 to put in motion the plans for a national election. (Rather than the Jan 8 date going back to Andrew)

In addition one should note that VP Andre Cadorette, the sole surviving member of the NE who was duly nominated and elected at the last convention resigned Jan 18 2010.The time when plans for a convention/election should have been revealed.

The current so-called NE is a junta of all interim appointees without election by the membership. It would behoove them to read the constitution and be guided by it.

Just for the record there are other important deadlines the party must meet. Not the least of which is the reregistration of the party. From the Elections Canada site:

"Starting in June 2007 registered and/or eligible parties must provide a new list of 250 members and
new signed declarations every third year.

Registered and/or eligible parties must always have a leader, three other officers and 250 members.
Failure to maintain this minimum number of members and officers may lead to the deregistration of
the party.

In addition Elections Canada notes:

To become eligible to be registered, a party must now include in its application for registration the
following new information:

* a resolution of the party appointing the leader, certified by the leader and another officer of the
party
* the names, addresses and signed consent of at least three officers in addition to the leader
* the names, addresses and signed declarations of at least 250 members (previously a party had
to submit the names, addresses and signatures of 100 members)
* a signed declaration by the leader that one of the fundamental purposes of the party is to
participate in public affairs by endorsing one or more of its members as candidates and
supporting their election

Offences

A party that fails to comply with the conditions for registration may be subject to deregistration.
New offences that might lead to deregistration include:.....

and Finally,

With some exceptions, it is an offence for a person to continue to act as an officer for a registered party
that he or she knows does not meet the definition of a political party.


*******************************************

It is not trivial to masquerade as a political party which is not in compliance with Elections Canada Regulations and the party Constitution.

Clearly the first question is:

Has CAP sent in the 250 declarations required?

If they haven't already all efforts should be directed there as I would not expect CAP to get any slack should they fail to get those documents into the right hands by the end of next month. Counting on a last ditch overnight delivery is not prudent IMO.

The election should be pretty easy should it not? Does the convention have to be in person? Can't that be done online using the ODDS for voting?

Either way it does look like having those ducks in a row is not optional, unless there is a plan to let the party lose status, and then rebuild.

I would expect a member of the NE will jump in and address these questions.

The constitution provides two methods for the election of a leader. (q.v)

Since there are individuals who have proposed election processes other than the constitution provides I refer you to the constitution.


10. LEADERSHIP SELECTION PROCESS
a) There shall be two alternate methods of voting and the National Executive shall have full authority to decide which one is the more appropriate to the circumstances existing at the time.
....

Alternative A
A ballot listing the names of all candidates shall be sent to all members of CAP together with two envelopes
– a plain white envelope in which the marked ballot will be put and on outer envelope identifying the member.
....
Alternative B
If at the time a national convention is called the total number of recognized Constituency Associations is fewer then fifty (50), all members, upon paying the convention registration fee, shall be entitled to attend,speak, and vote.

So that there is no confusion as to who can alter the constitution see:

c) This Constitution governs the affairs of CAP and, in the event of any conflict between this Constitution and any other CAP or Constituency Association document, this Constitution shall prevail. If there is a conflict between this Constitution and any policy passed by a National Convention or by referenda, this Constitution shall prevail and such policy shall be deemed null and void.

Since I can't find the CAP Constitution on this site I am posting the constitution below. To amend the constitution see the process in section 13. There is no provision for voting over the Internet. this would require a constitutional amendment.

I have a copy and have read some of it. I have also sent an email to the leader but she is clearly absent, not active.

Is any of the leadership active? I did get a couple emails so there are people there but what are they doing? Why are they not on this form? Not communicating to the masses?

This is what it looks like.

There is a few of the leadership left. Not the leader but I suspect she never really wanted to be leader and likely did not have the time needed. It is almost a full time job plus to be a leader of even a tiny national party, few can do it properly.

I also suspect the leadership left just wants to keep power. They may not be too concerned about party status, I suspect they have yet to send in the 250 documents required.

Also clearly not too concerned about the Constitution. It has been violated but no communication with explanation of actions being taken.

I have many other concerns about CAP and some of them are legal. I do not want to join a party that appears to care little about its own rules as I am sure they care even less about their members.

Can CAP be rebuilt? Taken from those who appear to have it or have left if to falter?

While at this point it looks like it should just be a case of a couple of members announcing an emergency convention to set in place a course of action. It appears to be easy to ask the few active members to bring or send all CAP documents to that convention with the understanding that other than possible loss of membership they will not be held accountable for any party problems.

It appears to look that easy but I suspect that quiet they are now that would end and they would cry that someone, the people trying to resurrect the party, are actually taking over via a coup disguised as a leadership election where active members vote.

They could make it hard, nasty, and kill CAP rather than let it go in the direction members want. There is a history of that is there not?

So I think I'm out. Why would I want to join that world of hurt, world of wasted time particularly for a party that appears stuck in the past.

While I like some of the ideas too many are from the past. A good idea maybe in the 1970's but not for the 21st century Canada.

This is the century that sees the Nations of Canada come to a new arrangement. A century in which the provinces will ripen and fall from the tree as nature designed it to be so.

Or as I see many CAP members desire, a country where these Nations continue to be pitted against each other when some Nations and regions must pay for others. A country where peoples history is rejected, destroyed, to maintain one National history, one National culture. Where equality depends on your race or founding nation status.

Either way it is going to be a great century for Canada, again. Canada, in particular the West has the people, technology, stability and resources like no other country in the world.

I do not think CAP sees that. CAP appears to be very Eastern based and mired in the past.

BUT I could still be wrong. Maybe today there will be posts from every active member of the National Executive, maybe they will declare the need for an emergency convention to decide direction and details of a National Convention. Maybe this party will meet it's 250 min, revise it's Constitution, replace those who have violated it.

It could happen.

Unfortunately, we don't know who the current NE are. Previously, the members of the executive were posted on the web site. Currently there is a little info on "Contact Us" which advises there is no current President. (Probably voted off the island).

Here is what we do know:

CAP Constitution states:


h) Each National Convention shall elect a National Executive comprised as follows:
a) the president
b) four vice-presidents who will be representative of the party and of whom one will
be English-speaking and one will be French-speaking
c) the secretary
d) the treasurer and the chairs of the following standing committees:
i. Policy;
ii. Organization;
iii. Constitution and Legal Affairs;
iv. Communications and Publicity;
v. Finance, and
vi. Native and Aboriginal Peoples’ Affairs.
These individuals will constitute the Executive Committee responsible, in accordance with the provisions of
this Constitution, for the affairs of the CAP. Each individual will hold office until re-elected or replaced at the
next National Convention except that in the case of death, incapacity or resignation in writing the remaining
members of the National Executive shall appoint a new member to hold office for the unexpired term of the
person being replaced.

Elections Canada states:

Appointing officers of the party

An eligible party and a registered party must at all times have at least three officers in addition to the leader of the party. Only a person whose ordinary residence is in Canada is eligible to be an officer of a registered or eligible party (officers must provide their residential address).

The party must report any new appointment of an officer to the Chief Electoral Officer, accompanied by a copy of the signed consent of that person to act as an officer.

If a person ceases to be an officer of the party for any reason, and if the remaining number of officers is less than four (including the leader), the party must appoint a replacement within 30 days.

CAP Web Site

Interim Leader – Melissa Brade
Phone: 780.967.4273

President – TBD

Secretary – Psam Frank
Phone: 604.765.1496

CAP Info Line – Doris Foster
Phone: 250.379.2815

Communications and Publicity – Todd Stewart
Phone: 519.400.9517

Canadian Action Party
5346 Hwy 1 St.
Croix, NS
B0N 2E0

There may well be other executive but it would be nice to know who they are.

I would like to thank you both for your interest in the Canadian Action Party. I have some answers to some of the concerns you have voiced.
First of all, the website has some answers to some of your questions. The Constitution of the party, along with a great many other important documents about the party's operations, are available at the following address:
www.canadianactionparty.ca/resources/cap-docs
Also, if you click on the contact button from the main website, you can find e-mail addresses and phone numbers for the National Executive and leadership of the party, including myself, the Secretary.
I would like to draw your attention to a couple of key points in the Constitution regarding your concerns about the leadership contest which you are discussing. First of all, section 15.b is important to observe:
15. ENFORCEMENT AND INTERPRETATION OF THE CONSTITUTION
b) Between National Conventions, National Executive shall be the final authority on the interpretation of this Constitution. In interpreting this Constitution, any conflict between or any ambiguity in its terms shall be resolved by giving preference to the provision or interpretation which best reflects the Objectives and Principles set out in the Preamble and Article 1 – "Name and Purpose."

The current National Executive are the final authority on the interpretation of the Constitution. Article 1 is given preference over other articles. I ask you to look at article 1.b:
1. NAME AND PURPOSE
b) The Canadian Action Party shall build a coalition of concerned Canadians in the several provinces and territories of Canada who share the principles set out in the preamble above and who believe they can best be realized through a strong and independent Canada:
i. coordinate initiatives to create a strong Canadian Action Party;
ii. advocate and support genuine democratic principles and policies;

You have correctly observed the details of section 9 regarding leadership contests, as well as section 11 regarding the National Convention. However, as was pointed out in this conversation, the strength of the party takes precedence (section 1.b.i) over the specific details of the leadership contest outlined in section 9. The last leadership contest conducted by this party nearly destroyed it, because the membership took very little time to do any detailed research about the candidates, and made their decisions about who to vote for based on largely inconclusive and insufficient information, and then chose a Leader that neglected the party and then eventually tried to wield executive authority. Most importantly, section 11.a shows us that "the National Executive elected at the National Convention shall be responsible for the operation of the party between conventions", which means that a Leader that tries to assume control of the operations of the party is in defiance of the Constitution and must be removed from his position. The National Executive is specified in section 11.h:
h) Each National Convention shall elect a National Executive comprised as follows:
a) the president
b) four vice-presidents who will be representative of the party and of whom one will be English-speaking and one will be French-speaking
c) the secretary
d) the treasurer and the chairs of the following standing committees:
i. Policy;
ii. Organization;
iii. Constitution and Legal Affairs;
iv. Communications and Publicity;
v. Finance, and
vi. Native and Aboriginal Peoples’ Affairs.
These individuals will constitute the Executive Committee responsible, in accordance with the provisions of this Constitution, for the affairs of the CAP. Each individual will hold office until re-elected or replaced at the next National Convention except that in the case of death, incapacity or resignation in writing the remaining members of the National Executive shall appoint a new member to hold office for the unexpired term of the person being replaced.

As you may observe, the Leader is not included as a member of the National Executive. The Constitution is very specific about this. Incidentally, many of the National Executive positions as defined above are currently vacant, and any CAP member that asks to be appointed to a position on the National Executive may be considered, if they are willing to learn the Rules of Order under which we operate, and the current members of the National Executive vote in favour of a motion to make such an appointment. Many CAP members have been asked, and few have been willing to take on this responsibility. It is difficult to imagine how any CAP member could express discontent with the way the party is being operated if they are not even willing to participate in facilitating the party's operations. Section 15.b does specifically state that the National Executive is the final authority on the interpretation of the Constitution, so the present members of the National Executive appear to have interpreted the Constitution as I have outlined here which is therefore a binding decision in the party's operations, and any CAP member that disagrees with this interpretation should ask if they may appointed as a member of the National Executive so that they may express their voice on how they believe this should be altered.

Now that I have shown you why section 9 regarding leadership contests has not been strictly adhered to, I would like to draw your attention to the front page of the main website. If you look at the section that says "ODDS" at the top of it, you will notice that it says "Register to vote for CAP's Leader and National Executive." Every CAP member has, to my knowledge, been asked to join this committee, and not all of them have agreed to do so. This committee is the group of people that select the members of the National Executive, and also the Leader of the party. Any CAP member that joins is entitled to an equal voice in determining who these people are. If you are not a member of the ODDS Committee, I suggest reading through this section of the website to learn how you may participate.
If you are not sure of your membership status in the party, so that you would be eligible to participate in the ongoing electoral process that selects the Leader and the members of the National Executive, then please print out one copy of each form at the following two links:
CAP-Membership-Application.pdf
www.elections.ca/pol/pol/EC20036_c.pdf
Send these forms to the following address:
Canadian Action Party
5346 Hwy 1
St Croix, NS
B0N 2E0
Your membership will be renewed or activated, and then you can register as a member of the ODDS Committee and participate in having a voice in the determination of the Leadership and operations of the party.

The ODDS Committee's ongoing electoral process, as the means of determining the current Leader and National Executive, is presently believed by the current National Executive to be the best way of satisfying the requirement in section 1.b.ii that the party "advocate and support genuine democratic principles and policies". They are giving preference to this interpretation because the section of 11.h where it is defined how the National Executive may be elected has shown in recent years to provide an ineffective group of people to operate the party, as they are unaccountable and unresponsive to the membership's direction. It is explicitly stated in section 11.a that the Constitution is the highest authority in the party, and the membership as a whole is the second highest authority in the party, followed by the National Convention, and then the National Executive. Therefore, if the National Executive is made directly accountable to the membership, then this authority structure is better adhered to. Any member that believes that this interpretation of the Constitution is not the best way to strengthen CAP should of course ask to be appointed to a position on the National Executive so that they may voice their opinion about it. I would be more than happy to provide guidance as to what a member needs to know in order to be considered for such an appointment. My e-mail address is This e-mail address is being protected from spambots. You need JavaScript enabled to view it. , and you may contact me with any questions.

The need for a National Convention has been communicated to the membership of CAP. If your membership is not in good standing, then you may not have received this. The National Executive is required to consult with the membership of CAP prior to planning the National Convention to allow the members to have a voice in how the convention is organized. By affirming your membership as I have outlined above, and then staying in contact with members of the National Executive, you can participate in these plans. Without a satisfactory response from the membership of CAP as to their intentions and wishes to be involved in a National Convention, it is possible that the National Executive would give priority to section 1.b.i over section 11. If planning a National Convention does not incite the interest of CAP members, and it appears as though the strength of the party may suffer if attention is diverted from very important administrative matters to plan the expense and energy of a National Convention, then the convention may be delayed until such time as members are willing to help invest their time and energies into planning it. These things require effort and participation on the part of the membership. A small group of active individuals willing to maintain all of the party's operations are already overcome with work which they are doing entirely voluntarily. Adding the effort of planning a convention could be more than they could handle.

I hope that I have outlined a proper demonstration of how the present National Executive has not in fact acted adverse to the CAP Constitution in any way, and I am willing to hear your additional thoughts and response to what I have presented. Your interest, support, and observations about CAP are very much appreciated.

Psam Frank,
Secretary