User:Doconnor/Sandbox/Constitution-Bylaws

This document is based on the Green Party of Canada's constitution. Refer to this forum thread for an up-to-date discussion on these topics.

You may modify this document to keep it up to date and flag items for review by marking them with bold text. If it seems fine, remove the bold text.

= Constitution =

The Body Constituted

 * The body constituted is the "Pirate Party of Canada", also known as: the "Pirate Party", "Parti Pirate du Canada", or "Parti Pirate". Hereafter in this document it is referred to as The Party.

Scope of the Constitution and Bylaws

 * 1) This constitution and bylaws shall govern the activities of The Party, all persons operating on behalf of The Party, and the rights, responsibilities and duties of its recognized units, committees and membership.
 * 2) The constitution shall have precedence over the bylaws, and any bylaw that is inconsistent with the constitution shall be null and void to the extent of the inconsistency.

Principles
The Party is unified by the principles of:
 * 1) personal privacy.  An individual should reasonably expect to ... (needs completion Odemia 02:41, 15 July 2009 (UTC))
 * 2) the public domain.  The possession of information unlike physical property does not exclude others from possesing it.  In order for Canadian innovation and culture to flourish the public domain must be healthy and accessible to all.  Any monopoly on an idea must be limited and leave the idea to the public domain at the end of the monopoly.
 * 3) open government.  The Canadian government must strive to make information from all government actions accessible to all it's citizens.  This is to encourage involvement in the democratic process through national discourse, provide transparency and enable its use in other ventures.

(Principles added to make purpose simpler Odemia 02:41, 15 July 2009 (UTC))

Purpose
It is the purpose of The Party to advance The Party’s principles by:


 * 1) fielding and electing candidates in federal elections
 * 2) debating and forming legislation in the Canadian Parliament and by participating in the Government of Canada
 * 3) debating the actions of the Canadian government in forums that are accessible to the public (added Odemia 02:36, 15 July 2009 (UTC))
 * 4) developing policy and platforms consistent with its values and principles
 * 5) advancing The Party’s platform, policy, values and basis of unity outside of electoral periods
 * 6) forming and maintaining Party organizations at the federal, provincial and electoral district levels
 * 7) developing international relationships and treaties consistent with the principles (is this covered by #2? Odemia 02:36, 15 July 2009 (UTC))

Principles
(do we need this section? Odemia 08:43, 13 July 2009 (UTC)) (Same as Rob's reply above,I believe.) --Zblewski 14:51, 14 July 2009 (UTC)

(moved to before Purpose Odemia 02:41, 15 July 2009 (UTC))

Accountability
All units and individuals within The Party are accountable to:
 * 1) the membership

Organizational Definitions
The Following units of The Party have official standing under the constitution:
 * 1) Member: An individual meeting The Party’s membership criteria
 * 2) Electoral District Association: An association in which all Party members residing within an electoral district as constituted under the Canada Elections Act have voting rights

Amendments to Constitution and Bylaws

 * 1) Amendments shall be submitted by at least three electoral district associations or provincial associations/territories or by at least 15 individual members
 * 2) Amendments shall be ratified by a majority of the votes cast in an online vote of all members in good standing of The Party.

Dissolution or Merger

 * Any resolution to dissolve The Party or to merge it with another party passed at a general meeting shall only become effective upon members passing an identically worded resolution by a vote of greater than ninety (90) percent of the votes cast in members vote conducted by mail-in ballot, with a ballot return date of no later than 120 days following the general meeting at which the resolution to dissolve or merge The Party was passed. For greater certainty, no transfer of The Party’s assets may be commenced or completed until such a mail-in ballot is passed with the required 90 percent majority and the resolution to dissolve or merge The Party takes effect.

= Bylaws =

Membership

 * 1) Criteria for membership
 * 2) Any citizen or resident of Canada, who is at least eighteen (18) years of age, is eligible for membership in The Party, with full voting rights.
 * 3) Every member shall uphold this constitution and bylaws.
 * 4) A member shall cease to be in good standing upon failure to pay the current annual membership fee or upon other conditions as set out by the federal council or in the bylaws.
 * 5) A person who is at least twelve (12) years of age but less than eighteen (18) years of age may be designated a Youth Member, without the right to vote. ( do we want to worry about youth memberships yet? Odemia 09:48, 13 July 2009 (UTC))
 * 6) Application for Membership
 * 7) A person may apply for membership in The Party to:
 * 8) Federal council
 * 9) an electoral district association
 * 10) a provincial/territorial association
 * 11) a regional association
 * 12) a designate of federal council that has been authorized to accept memberships
 * 13) The above mentioned bodies have the right to set the amount of their own membership fee insofar as:
 * 14) it is the responsibility of the federal council to maintain a register of members; and
 * 15) the federal council may require a membership fee from each body mandated to receive members to cover the costs of servicing the member.
 * 16) the federal council shall ensure that members are notified as their membership fees are due.
 * 17) * It must be at most $25/year - this is the limit set by Elections Canada. Should we have a minimum? --Rob.s.brit
 * 18) Applicants for membership and renewing members shall pay the membership fee directly to The Party and not indirectly through an intermediary person.
 * 19) Resignation and Removal of Member
 * 20) A person shall cease to be a member of The Party
 * 21) by delivering her/his resignation by mailing or delivering it to an address of The Party; or
 * 22) on her/his death; or
 * 23) on being expelled; or
 * 24) on having been a member not in good standing for 12 consecutive months.
 * 25) A member may be expelled by a resolution of the federal council or a general meeting of members. The person who is subject to the proposed expulsion shall be given an opportunity to be heard at the meeting before the resolution is put to a vote.
 * 26) Voting Rights
 * 27) A member’s right to vote on all matters, including all elections, shall commence after s/he has been a member for 30 days.
 * 28) When a former member rejoins The Party after having been a member not in good standing for more than one year, that member’s voting rights shall resume 30 days after rejoining The Party.

Federal Council

 * 1) Selection of Members to Federal Council
 * 2) Chairperson and Councilors at Large Four (4) persons shall be elected to Council as Councilors at Large as follows:
 * 3) Nominations shall be by five (5) members of The Party in good standing (number of people to nominate decreased to 5, too small? Odemia 09:26, 13 July 2009 (UTC))
 * 4) * 5 should be fine, we only have 5 officer positions anyway. --Rob.s.brit
 * 5) All members of The Party in good standing shall be eligible to vote for these positions
 * 6) The Chairperson of The Party shall be appointed or elected by Federal Council from amongst the ten persons elected
 * 7) Councilors should be legally able to vote in Canada.
 * 8) Provincial and Territorial Representatives
 * 9) Five (5) members of The Party in good standing residing within the province or the three territories shall be required to nominate for the position of Provincial Representative or the Territorial Representative in their respective jurisdiction
 * 10) All members of The Party in good standing residing within the province or the three territories shall be eligible to vote for Provincial Representative or the Territorial Representative in their respective jurisdiction
 * 11) The Leader
 * 12) Ten (10) members of The Party in good standing shall be required to nominate for the position of Leader. (reduced from 100, too small? Odemia 10:32, 13 July 2009 (UTC))
 * 13) All members of The Party in good standing shall be eligible to vote for the position of the Leader
 * 14) Election to Federal Council and Term of Office
 * 15) The vote, for any office of Federal Council, shall be by preferential ballot and a majority vote shall elect.
 * 16) All Council members shall be elected to serve a one year term or until their successors are elected.
 * 17) In odd numbered years the representatives of Newfoundland and Labrador, New Brunswick, Quebec, Manitoba, Alberta, the representative from the Territories, and five (5) Councilors at Large shall be elected
 * 18) In even numbered years the representatives of Nova Scotia, Prince Edward Island, Ontario, Saskatchewan, British Columbia and five (5) Councilors at Large shall be elected
 * 19) The Leader shall be elected in 2006 and every four (4) years thereafter.
 * 20) Ballots for elections of Councilors at Large, Provincial Representatives, and the Territorial Representative shall have beside the name of each candidate on the ballot, the Province and the bioregion where the candidate resides.
 * 21) Ballots for election shall be mailed out at least 30 days prior to election day
 * 22) Removal From Office and Removal of Units
 * 23) The Leader or any member of Federal Council may be removed from office by a ¾ vote of Council
 * 24) The Leader may be removed from office by motion, at a gen-eral meeting, to hold an election to replace the Leader
 * 25) Any Federal Council member who fails to attend two consecutive Council meetings without apparent cause shall be suspended from Council unless the member provides satisfactory written documentation explaining the absences and is reinstated by a majority vote of Council.
 * 26) Any Federal Council member who fails to attend three consecutive Council meetings without apparent cause shall be removed from Council unless the member provides satisfactory written documentation explaining the absences and is reinstated by a majority vote of Council. If the member is removed under these circumstances, the member shall be ineligible to run for a Federal Council position in the next election for Council.
 * 27) Federal Council or a general meeting has the authority to deregister any unit of The Party for cause
 * 28) Vacancy in Federal Council Office
 * 29) Federal Council has the authority to fill, by appointment, any vacancy, however caused, until the next general meeting.
 * 30) All council members shall be notified of a vacancy within seven (7) days
 * 31) Notice of the vacancy shall be posted on The Party’s website and on The Party’s general electronic mailing list within the same seven (7) day period. (we do not yet have a general elections mailing list. Odemia 09:26, 13 July 2009 (UTC))
 * 32) Assignment of Member to a Province or Territory For voting purposes, the assignment of a member to a province or territory shall be based on the mailing address on file thirty (30) days prior to the Federal Council election day.
 * 33) Management Committee If established, the management committee shall: (we should change this to less formal "task forces". Odemia 10:46, 13 July 2009 (UTC))
 * 34) Consist of a chair, the Leader, two members at large, and the Executive Director.
 * 35) All members of the management committee may vote, except the Executive Director who shall not vote, but shall have a voice.
 * 36) The chair and the two members at large shall be appointed or elected by Federal Council from amongst their own members
 * 37) The management committee shall have a quorum of three, excluding the Executive Director
 * 38) Meetings of the management committee shall be at the call of the chair or by three voting members.

Regions for Constitution
(do we need to The six (6) regions for the purposes of Article 8.2 of the Constitution of The Party are:


 * 1) Atlantic consisting of Newfoundland and Labrador, Prince Edward Island, Nova Scotia and New Brunswick
 * 2) Quebec
 * 3) Ontario
 * 4) Prairie consisting of Manitoba, Saskatchewan and Alberta
 * 5) British Columbia
 * 6) North consisting of Nunavut, Yukon and Northwest Territories

General Meetings

 * 1) Calling of Biennial General Meeting
 * 2) *The biennial general meeting of members shall be called by the Federal Council by majority vote, and shall establish the location and the date of the meeting
 * 3) Calling of Other General Meetings
 * 4) * Other general meeting may be called by:
 * 5) A committee mandated by a general meeting
 * 6) Federal Council by a 2/3 vote of those voting
 * 7) Petition to Federal Council submitted and signed by 10% of the members of The Party in good standing
 * 8) Petition to Federal Council submitted and signed by the CEO of at least 1/3 of the registered electoral district and provincial associations
 * 9) A resolution adopted by a general meeting by majority vote of those voting When a general meeting has been petitioned, Federal Council shall select the location and the date of the general meeting, which date shall be set within ninety days of receipt of the petition.
 * 10) Resolutions at General Meetings
 * 11) Members shall be notified at least thirty (30) days in advance of any deadline to submit resolutions for consideration at a general meeting of members
 * 12) Resolutions shall be submitted by at least five (5) Party members in good standing or a unit representing at least five (5) members
 * 13) Resolutions that are not submitted in advance and are moved from the floor of the meeting shall only be considered if they are of an emergency nature and shall require a 2/3 vote to be considered by the meeting.
 * 14) Emergency resolutions shall only be considered after all other resolutions submitted in advance have been disposed of.

Selection of Candidates for Member of Parliament

 * 1) Candidates Candidates shall be selected by The Party as follows:
 * 2) Where there is an electoral district association, the electoral district shall select the candidate in accordance with the association’s bylaws.
 * 3) Where there is no electoral district association, the selection shall be conducted by a meeting mandated by a general meeting or Federal Council where all Party members in good standing in the electoral district may vote and participate
 * 4) Where there are no Party members in an electoral district, selection of a candidate shall be by a general meeting, federal council, a committee established by a general meeting or Federal Council, or by a procedure mandated by a general meeting or Federal Council
 * 5) Withholding a Candidate Endorsement
 * 6) * The Leader of The Party may withhold a candidate endorsement, but such withholding requires ratification by a 2/3 vote of Federal Council.

Shadow Cabinet

 * 1) The shadow cabinet shall be selected at a general meeting of members, and such selection shall respect gender parity (gender parity may be difficult while the party is small, Odemia 09:26, 13 July 2009 (UTC))
 * 2) * Is this necessary? Maybe at least one male and one female, but parity seems a little excessive (especially as you say, we won't have too many female members at the beginning) --Rob.s.brit
 * 3) * Realistically, this will never happen. Our appeal is primarily to those interested in technology (though we can fight hard to break out of this mold).--Josh 02:22, 12 August 2009 (UTC)
 * 4) The shadow cabinet may fill its vacancies between general meetings of members
 * 5) The shadow cabinet shall be chaired by the Leader or his/her designate
 * 6) The Leader may appoint two (2) Deputy Leaders
 * 7) The shadow cabinet may create the election platform insofar as it does not conflict with Party policy
 * 8) Each member of the shadow cabinet shall:
 * 9) encourage public discussion about one or more ministries of the federal government.
 * 10) liaise the concerns and comments of the public back to the ministry(s). (Trying to get away from the politicians that don't listen stereotype. Odemia 09:26, 13 July 2009 (UTC))

Party Documents

 * 1) The federal council shall maintain for viewing by all members:
 * 2) The Constitution and Bylaws of the The Party.
 * 3) The Rules of Order of The Party
 * 4) The Adopted Policy of The Party
 * 5) The Election Platform of The Party for the immediately previous election (not sure this applies tothe party in the same way, Odemia 09:26, 13 July 2009 (UTC))
 * 6) All minutes of previous general meeting and Federal Council meetings
 * 7) A financial statement (there may be unintended consequences of this. Odemia 09:26, 13 July 2009 (UTC))

Financial Procedures

 * 1) Agency: Federal Council or a general meeting may appoint a registered agent (as per the Canada Elections Act) to issue tax receipts and maintain books for any recognized unit. Agency may be revoked by Federal Council or a general meeting.
 * 2) Fundraising: Units may conduct legal fundraising activities.
 * 3) Borrowing: Only a general meeting or federal council may authorize borrowing by The Party or any unit thereof, on behalf of The Party.
 * 4) Sovereignty: No unit has rights to funds raised by another unit except insofar as federal council or a general meeting may levy fees from units with registered agents to cover the costs of Party registration, annual audits or other essential activities. (this seems a little strange to me, does it mean that district could not give some extra funds to another district? Odemia 09:26, 13 July 2009 (UTC))