Change of Political Allegiance in Parliamentary Life

Since Confederation in Canada and until the 39th federal general election of 23 January 2006, no fewer than 246 members of the House of Commons have changed political allegiance. This number includes only those in the federal portion of Canadian public life and only those in the Lower House of Parliament. At the time of writing, there were 16 Members of the House of Commons who, at one time or another in their careers, left one political party for another. The realities of floor‐crossing and the consequences of such an admittedly risky venture in public life must be assumed to affect parliamentarians’ views about the creation of rules, whether legal, political or mixed, in respect of changes of political allegiance. Through a close examination of the Constitution Act and other Acts of Parliament this article investigates whether such rules exist in Canada. It also provides an overview of recent attempts at codification and lessons learnt from foreign jurisdictions, such as South Africa and New Zealand. The article concludes by referring to Edmund Burke’s famous Address to the Electors of Bristol and observing that the logical consequence for current Canadian political life of Burke’s thoughts may be that a Member of Parliament must be free to vote according to their conscience and therefore may only be held to account to those who elected them until the following election.