Constitutional Amendments

The purpose of this page is to propose, discuss and decide on amendments to the Party's Constitution and Bylaws. Suggestions for amendments to a particular Article should be documented in the relevant section. It may simply be a concern or idea, or you can propose the actual amendment. Or if you don't like a proposed amendment, explain your objection and/or offer an alternative.

A preliminary draft of proposed amendments was published in the summer 2019 issue of Bulletin.

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Allen’s Preliminary Recommendations following 2018 General Election

Allen Small, Leader at the time of the 2018 General Election, made a number of recommendations based on his experience leading up to and during the Election. His Recommendations were presented at the August 7, 2018 Meeting. You can download his original document here. This was the prime motivation for creating a committee to draft amendments to the Party's Constitution and Bylaws for presentation at the Convention to be held in November 2019.

Allen's recommendations have the objective of, "Protecting the fundamental purpose of the party by changing the way the Executive Committee and Candidates are selected." See Article 3 below.

The following is the text of his recommendations, divided as to recommendations that require amendments to the Constitution and/or Bylaws (Items 2 - 5, 7 and 8) or those which may be implemented by the Leader and Campaign Director for the next election or By-election (Items 1, 6 and 9). Two recommendations can be implemented by the Executive Committee (Items 8 and 10). (Item 8 was split into two parts, assuming that the Campaign Director is to be a new voting Officer on the Executive Committee. The Executive Committee may decide on Facebook ads, etc.)

The items are renumbered below.

Recommendations requiring Amendments

• Allen's Item 2 - To Join the Party change the declaration to:
  • To be a Member of the Party, select "I am for liberty, free markets, property rights and limited government.”
  • To be an Associate of the Party, select "I wish to be a non-voting Associate of the Party.”
  • See Article 4 below
• Allen's Item 3 - To be eligible for election to the Party Executive Committee, a nominee must be a voting member of the Party for at least 60 days prior to an AGM or Convention. See Article 6 below.
• Allen's Item 4 - To be eligible for election as Leader or Deputy Leader, a nominee must have held a position on the Executive Committee for not less than one year. See Article 6 below.
• Allen's Item 5 - To be eligible for election to the Ethics Committee, a nominee must have held a position on the Executive Committee for not less than one year. See Article 8 below.
• Allen's Item 7 - Redefine the duties of the Officers of the Exec Comm. – prior to the next Convention. See Article 6 below.
• Allen's Item 8 - Create a Communications team led by a Communications Director to do Website updates, Facebook/Twitter ads/email answers – contact info etc. See Article 6 below.

Recommendations to be considered for implementation at the next election

• Allen's Item 7 - Qualifying/Endorsing/Vetting candidates – each prospective candidate requires the approval of at least of 1 member of the Exec. committee or 2 ordinary members of the Party who will vouch for them.
  • this amendment will essentially eliminate the paper and parachute candidates that were used as an essential part of the 2018 campaign to reach a near full slate of candidates. --CMDavidson 19:45, 11 August 2019 (EDT)
• Allen's Item 5 - To be a candidate: candidates must sign an updated version (needs to be updated) of the Candidate Application Form and accept terms of candidacy including posting rudimentary profile info including written disclosure of campaign plans to Campaign Director upon being accepted as candidate. Candidates must provide an active email address that must be posted on our website to allow for contact from media people or requests for campaign signs etc. especially during election periods.
  • Jim had all candidates sign this updated version of the Candidate Application for the 2018 Election. It does not cover all of the items recommended above. However we have the candidate's email ID (and phone number) on CRM, and verified with the F0400 Nomination form.
  • Could have a volunteer interview each candidate (like a reporter) and draft their profiles.
  • Leaders notes - Campaign committee should be allowed to to determine
• Allen's Item 9 - Create teams in each region with sign posting responsibility during elections
  • We assigned Regional Coordinators in 2014 (or earlier?). It may be essential to do so in 2022, especially of we don't have 3-4 people with lots of time to recruit, vet, collect signatures and get candidates registered. Posting signs could be one of their responsibilities. --Jim McIntosh 21:16, 23 March 2019 (EDT)

Recommendations to be considered by the Executive Committee

1. Continue to buy Facebook page ads – build “likes”. Use Facebook groups to organize and message members.
2. Rent long term storage space for party materials/signs etc. somewhere in GTA.

Constitutional Amendments

Article 3 - Purpose

The purpose of the Party is to modify the political structure and social environment of Ontario to provide the greatest amount of freedom for individuals. To that end the Party shall:
a) engage in political activity such as the formation of constituency associations and the election of Party candidates to the Legislature;
b) disseminate information about the Libertarian philosophy;
c) support groups and individuals that are in agreement with Libertarian philosophy;
d) co-operate with any group where Libertarian philosophy can be promoted without compromising principles.

Article 4 - MEMBERSHIP AND ASSOCIATE STATUS

• Replace Article 4, section 1 with the following -"Anyone who has signed\ accepts the statement, "I am for individual liberty, property rights, free markets and limited government.” and has paid current membership dues, shall be a “Member” of the Party. [Words in Italics are new.]
  • "Limited Government" may discourage An-Caps from becoming Members. --Jim McIntosh 20:03, 6 March 2019 (EST)

• Replace Article 4, section 2 with the following - "Anyone who has signed accepts the statement, “I wish to be a non-voting Associate of the Ontario Libertarian Party,” and has paid current membership fees, shall be an Associate of the Party. [Words in Italics are new.]
  • This will make clear the difference between a Member (who has the privileges described elsewhere) and Associate (who does not have these privileges).--Jim McIntosh 21:50, 6 February 2019 (EST)

Article 5 - OFFICERS

• Allen's item 7 "Redefine the duties of the Officers of the Exec Comm. – prior to the next Convention."
  • This will likely take at least an hour and we should not tackle it until everyone has read the Executive Standards on our Wiki. Not everything included in this document or items linked from it needs to be included in the Constitution (or Bylaws).--Jim McIntosh 17:37, 6 March 2019 (EST)

• Section 2 - "... The Chairman shall be the Chief Executive Officer of the Party."
  • Consideration - Corporations have CEOs, paid managers and a Board that sets direction for the corporation. I don't think our Chair is equivalent to a CEO, however we should consider adding some description of tasks or responsibilities. --Jim McIntosh 17:35, 6 March 2019 (EST)

• Section 6 b) The Treasurer shall serve as the Chief Financial Officer of the Party and shall be responsible for all obligations imposed on the Party by the Commission on Election Finances Elections Ontario. The term of the Chief Financial Officer shall coincide with the fiscal year of the party.
  • The Commission on Election Finances was merged into Elections Ontario in 1998.--Jim McIntosh 17:37, 6 March 2019 (EST)
• Section 6 b) The Treasurer shall serve as the Chief Financial Officer of the Party and shall be responsible for all obligations imposed on the Party by the Commission on Election Finances Elections Ontario. The term of the Chief Financial Officer shall coincide with the fiscal year of the party. The Treasurer shall act as Chief Financial Officer from the beginning of the fiscal year of the party following his election or appointment until the beginning of the fiscal year following the election or appointment of his successor.
  • See my comments in Discussion. George Dance 15:53, 27 March 2019 (EDT)

Article 6 - EXECUTIVE COMMITTEE

• New section - to be inserted between sections 1 and 2. Any Member standing for election to the Executive Committee must have been a Member of the Party for at least 60 days. The following sections to be renumbered.
  • Item 3 in Allen Small's Recommendations, to ensure Members elected to the Executive Committee have some experience with the Party. This includes the Leader and Deputy Leader. However, it is moot if the amendment that the Leader and DL must have been members of the Executive for a year (Article 16). It could be added at the end of Article 5 - Officers.--Jim McIntosh 17:38, 6 March 2019 (EST)
  • It may be advisable to require the Chairman and Treasurer to have had at least one year as a member of the Executive Committee. --Jim McIntosh 20:49, 23 March 2019 (EDT)
  • It was suggested that the Executive Committee could vote to overrule this rule to replace an Officer if a stronger candidate was presented. If it happened at a Convention or AGM, we would need to determine if the delegates could pass a motion to accept a candidate who doesn't meet this criteria.

• Allen's Item 7 - Redefine the duties of the Officers of the Exec Comm – prior to the next Convention.
  • Many of the duties and suggestions are already defined in the Executive Standards. We would need to determine if any additions need to made to the Constitution or Bylaws.
  • Leaders notes, job descriptions development has started by members of the executive committee. Party chair should be at forehead of this task.
  • Might be appropriate for one of us to contact each member of the EC, read them their duties according to the Constitution, and ask if anything should be removed, added or clarified. Then do the same with the description in the Executive Standards.

• Allen's Item 8 - Create a Communications team led by a Communications Director to do Website updates, Facebook/Twitter ads/email answers – contact info etc.
  • Leaders notes, executive committee encouragement of volunteers. Designate volunteers under Campaign Director with Chair support.
  • Do we want to add another (voting) Officer to the Executive Committee? If so, we will need to define the role for the Constitution and add to the Executive Standards.
  • Jim McIntosh will define the possible list of responsibilities that would belong to the Communications Director. 

Article 7 - CONSTITUENCY ASSOCIATIONS

The Executive Committee shall recognize, and apply to the Commission on Election Finances Elections Ontario to register as a Constituency Association, any properly constituted group which has held a meeting, adopted a constitution consistent with the Statement of Principles and Constitution of the Party, and met the necessary legal requirements.

Article 8 - Ethics Committee

Allen's Item 5 - new section - "To be eligible for election to the Ethics Committee, a nominee must have held a position on the Executive Committee for not less than one year.

• Constitutional committee disagrees with this item.
• Members of the Ethics Committee should have a strong commitment to Libertarian Principles. This could be determined by questioning nominees.
• Whose version of "Libertarian Principles" are adhered to? This is identity politics intended as an "us vs. them" game, and only leads to division in the party and mistrust of the Ethics Committee.--CMDavidson 18:59, 11 August 2019 (EDT)

Article 16 - ELECTION OF PARTY LEADER AND DEPUTY PARTY LEADER

• Amend Section 1 - No candidate may be nominated who has not been an Officer of the Party for at least a year or has not expressed a willingness to accept or is legally ineligible to run for the office of member of the Legislative Assembly by Ontario or Canadian law. [Change in italics.]
  • 1. 4 in Allen Small's Recommendations. --Jim McIntosh 18:47, 6 March 2019 (EST)

• Section 3 - The Deputy Party Leader shall succeed the Party Leader in the event of a vacancy in that position.
  • No change recommended. There was some discussion when Allen resigned as Party Leader if the DL BECAME the Party Leader, or should be identified as "Interim" Party Leader. Mirriam-Webster's definition of "succeed" is, "to come next after another in office or position or in possession of an estate especially : to inherit sovereignty, rank, or title." It could be amended to read, "The Deputy Party Leader shall BECOME the Party Leader ..." if this would make it clearer. --Jim McIntosh 18:47, 6 March 2019 (EST)

• Section 4 - In the event of vacancy in the position of Deputy Party Leader, the Caucus shall elect a new Deputy Party Leader, subject to ratification at a Convention.
  • Neal Donelly, Gene Balfour, and Wendy Kadonoff, have offered their opinion from the ethics committee that in the event of a vacancy in the position of Deputy Leader, that an unofficial "volunteer Deputy Leader" may take on the role of deupty leader either at the discretion of the party leader or at the discretion of a vote by the executive committee until an election can be held by the Caucus and then ratified at a convention. --AndrewDAllison 15:57, 3 April 2019 (EDT)

Article 19 - ANNOUNCEMENTS

Announcement in the official publication of the Party shall be deemed to be the notification required by this Constitution.

• Add the following paragraph - "Email may be used whenever written notice is required in the Constitution and Bylaws." --Jim McIntosh 22:15, 6 February 2019 (EST)

Bylaw Amendments

The Vision, Mission and Values were defined at a planning session, probably 15-20 years ago.  Probably not something to be done piecemeal by the Constitution and Bylaws Committee. A search through the Minutes, or through my files, may determine when and how it was done, or George may remember. As I recall, it was while Sam Apelbaum was Leader. I have provided the text from the existing Bylaws. --Jim McIntosh 22:05, 6 February 2019 (EST)

Article 1 - VISION

The Vision of the Party shall be: “People prospering in peaceful freedom through private property protection”

Article 2 - MISSION

The Mission of the Party shall be: “To enable endless possibilities through recognition of, respect for, and protection of individual liberty.”

Article 3 - VALUES

The Values of the Party shall be:

“We stand for personal responsibility.

“We stand for individual liberty, and controls and restrictions on governments.

“We recognize property rights.

“We stand for free and voluntary associations.

“We stand for freedom of expression.

“Government must be limited to protecting the liberty and property of its citizens from domestic and foreign aggressors.

“We believe in voluntary, not forced, mutual aid.

“We believe individual liberty promotes strength of character and integrity in a society.

“Government may not grant monopoly privileges to any individual or organization, including itself.

“We accept people as they are.”

Article 4 - MOTTO

The Motto of the Party shall be: “The Party of Choice.”

• There have been suggestions we could come up with a better motto or 'slogan.'
  • "The Party of limited government"
  • "We will defend your right to pursue your own happiness"
  • Other suggestions?

--Jim McIntosh 19:01, 6 March 2019 (EST)

Article 5 - MEMBERSHIP STATUS

• Section 3. When the Statement of Principles is amended, all Members shall be required to  accept the revised Statement within a period not to exceed one year from the date of amendment or as the membership becomes due, whichever comes first. A Member who does not sign a revised Statement of Principles shall become an Associate.

Article 6 - EXECUTIVE COMMITTEE

• Section 2 - The Executive Committee shall meet at such times and places as may be determined by action of the Committee, by call of the Chairman, or by written request of one-third or more of the members of the Executive Committee. Unless unanimously waived, a written notice of the time, place, and nature of all meetings shall be emailed or mailed to each member of the Executive Committee no less than 14 days prior to said meetings.
  • Delete "written" and allow email notice. --Jim McIntosh 19:18, 6 March 2019 (EST)

Article 14 - PARLIAMENTARY AUTHORITY

• Suggested that we update to using the 2011 (11th) edition of Robert's Rules of Order
• The 1970 2011 (11th) edition of Robert’s Rules of Order Newly Revised shall be the parliamentary authority for all matters of procedure not specifically covered by the Constitution and Bylaws of the Party.

Article 15 - NOTICES

Add this article to the Bylaws.

• Email may be accepted where a written and signed notice is required.

Other Proposed Amendments

Bylaw Article 11.3

Moved by Matt Dougherty -

• Delete "Party envelopes and letterheads shall be barred from use by any candidate for his campaign."
• Replace with "Each leadership candidate will be afforded the opportunity to advertise their candidacy and campaign using the OLP website, OLP social media accounts; and through a special edition of the OLP newsletter."
• Con The existing Bylaw was intended to prevent the appearance that any candidate was endorsed by the Party and to avoid additional expenses for the Party and should not be replaced. There is no need to enshrine the practice being allowed by the current Executive Committee in a Bylaw. Such practices are usually continued when they are successful unless there is good reason not to do so.
  

--Jim McIntosh 10:03, 23 July 2019 (EDT)

If the above amendment is approved, Jim McIntosh will move the following;

• Reinstate Article 11.3 immediately following Article 11.2, "Party envelopes and letterheads shall be barred from use by any candidate for his or her campaign."

--Jim McIntosh 12:17, 26 July 2019 (EDT)

Constitution Article 4 - MEMBERSHIP AND ASSOCIATE STATUS

Moved by Gene Balfour

• Delete Article 4 - MEMBERSHIP AND ASSOCIATE STATUS Section 1 and ignore any previously approved amendments to this section
• Original: Anyone who has signed the statement, “I'm for individual liberty,” and has paid current membership dues, shall be a “Member” of the Party.
• Replace with:

“These are the requirements to be a “Member” of the Party:
a} Accept the Membership Statement, "I agree to promote, defend and protect the Libertarian Statement of Principles”
b) Current membership dues have been paid.
c) Adherence to the Party’s Standard of Conduct subject to enforcement by the Ethics Committee.”

“Add” “STANDARD OF CONDUCT”

• “Add” “As a (Member) (Member of the Executive Committee), I agree to conduct my relationships with the public and within the Ontario Libertarian Party in a respectful manner commensurate with the Libertarian Statement of Principles.

I understand that my behaviour may be subject to sanctions by the Ethics Committee for consistent and repeated violations of the expected conduct.

I understand that my rights and privileges as a (Member) (Executive Committee Member) may be temporarily or permanently curtailed according to the severity of my indiscretions and my station within the Party.”

• “Add” “A. Conduct Guidelines:”

“Add” “Refrain from swearing; Refrain from making personal attacks against others such as name-calling or false (unverifiable) accusations; Discuss ideas, not the alleged personal faults of others. ‘Agree to disagree’ in a respectful manner if no agreement can be reached.”

• “Add” “B. Serious Conduct Violations”
• “Add” “A serious Conduct violation occurs when the actions and/or behaviour of the alleged guilty party serve to harm or aggress against other(s) in a manner that:

___ explicitly violates the Libertarian Statement of Principles and ___ circumstances exist where reparations are not available or acceptable to the victim(s).”

• “Add” “The Ethics Committee shall restrict its deliberations regarding claims of this nature to the provisions of the Libertarian Statement of Principles.”

• “Add” “C. Rights and Privileges of OLP Membership.

“ Every OLP member can expect the following rights and privileges which cannot be restricted except in the event of an Ethic Complaint against them that may result in sanctions by the the Ethics Committee: ___ Access to any and all OLP wiki and social media assets, and the ability to participate in the exchange of opinions and ideas with other OLP members on topics that pertain to Party business, politics, economics and political philosophy. ___ Receipt of OLP publications such as the Quarterly Bulletin. ___ Notification of all official OLP events. ___ Defence and protection from improper, aggressive and/or harmful acts from other OLP Members or Members of the Executive Committee who find themselves in violation of the Standard of Conduct. “

• Reason: when a Member agrees to join the Party and pay for that membership, there is an implied contract between both parties with expectations by both parties. There failure of either party to live up to those expectations is a failure to live up to the Libertarian Statement of Principles. In the past, the OLP reserved the right to curtain Member privileges for ‘just cause’ and with proof. In situations where ‘just cause” can not be proven, then the only recourse that an OLP Member has to seek justice is the Ethics Committee. A Statement of Conduct can be properly used to determine if an Ethics Claim has merit vid-a-vis the Statement of Principles, or not. This is one mechanism to prevent cases from taking up time and resources of the Ethics Committee an Ethics Claim does not meet the required criteria as defined in our Statement of Principles. Futhermore, it is currently unless to many OLP members as to what behaviours are acceptable regarding their engagement with other Members and the public in general. A Standard of Conduct can help in this matter especially when it is base on our own Libertarian Statement of Principles.

Constitution Article 3 - VALUES

Moved by Gene Balfour

• Delete Article 3 - VALUES

The Values of the Party shall be: “We stand for personal responsibility. “We stand for individual liberty, and controls and restrictions on governments. “We recognize property rights. “We stand for free and voluntary associations. “We stand for freedom of expression. “Government must be limited to protecting the liberty and property of its citizens from domestic and foreign aggressors. “We believe in voluntary, not forced, mutual aid. “We believe individual liberty promotes strength of character and integrity in a society. “Government may not grant monopoly privileges to any individual or organization, including itself. “We accept people as they as.

• “Replace with” Article 3 - VALUES
• “The Values of the Party are grounded in the following beliefs and our acknowledgement of the unpredictable circumstances which may confront each and every one of us throughout life’s journey.”
• “History has taught us that nation states which allowed the excessive concentration and scope of power to grow within their public institutions eventually produced conditions that proved dangerous, and even deadly, to their citizens. For this reason, we believe that government authority must be limited to protecting the liberty and property of its citizens from domestic and foreign aggressors. It follows that Governments must never be empowered to grant monopoly rights or privileges to any individual or organization, including itself.”
• “We also believe that the combination of individual liberty and the acceptance of personal responsibility promotes strength of character in our citizens and cohesiveness in society. However, life is challenging and sometimes brings surprises from which we may find ourself requiring the justifiable help from others. This too informs our values which are:”

“We stand for free and voluntary associations. “We stand for freedom of expression. “We stand for freedom of speech. “We stand for freedom of choice. “We stand for free trade between willing participants. “We recognize, defend and protect person and property rights. “We encourage and respect one’s acceptance of personal responsibility to the greatest possible extent. “We believe in voluntary, not forced, mutual aid. “We accept people as they are provided that they do not harm or aggress against us”. Reason: the proposed Amendment provided context for our values and a more succinct summary of them.

Motion by Gene Balfour

Restructuring Web Page Restructuring for Principles and Goals section.

Proposed change for existing layout

• “Delete” “STATEMENT OF ULTIMATE GOALS”

“Replace” “ A. Libertarian Statement of Principle” with “LIBERTARIAN STATEMENT OF PRINCIPLES”. Reason: This is a section unto itself and is separate from the next section. “Replace” “B. PREAMBLE” with “STATEMENT OF ULTIMATE GOALS”. Reason. The proper title for this new section. “Replace” “C.” with “A.”. Reason. INDIVIDUAL RIGHTS is the first subsection “Replace” “D.” with “B.”. Reason. JUSTICE is the 2nd subsection “Replace” “E.” with “C.”. Reason. Renumbering continues “Replace” “F.” with “D.”. Reason. Renumbering continues “Replace” “G.” with “E”. Reason. Renumbering