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To prove sincerity and trustworthiness, imagine a wealthy Canadian political candidate — whether she holds office now or not — who knowingly intends to legally bind herself to her campaign promises, and hold herself personally liable to an unlimited amount for breach of her campaign promises. How would this scrupulous candidate form these legal obligations? For example, could she deposit money in a bank account as security ?

I have to ask all this, as courts in Alberta and Ontario have held that "it is up to voters, not the courts, to punish governments who fib and fabricate". How can this scrupulous candidate overcome, or skirt, this case law? See Canadian Taxpayers Federation v. Ontario (Minister of Finance), 2004 CanLII 48177 (ON SC).

An Ontario Superior Court judge has absolved Ontario Premier Dalton McGuinty of breaking an elaborately signed contract promising not to raise or create new taxes, saying anyone who believes a campaign promise is naive about the democratic system.

It's official: Politicians can break campaign promises with impunity.

And see Engel v Alberta (Executive Council), 2019 ABQB 490 (CanLII), at para 73.

I cannot endorse the Applicants’ claim that statements made in the Legislature represent a binding promise to Albertans. While departing from the spirit of the legislation may have political consequences, as acknowledged by Minister Olson in proposing second reading of the Bill on November 22, 2011, a promise or representation by government is not actionable or justiciable: Canadian Taxpayers Federation v Ontario, 2004 CanLII 48177, 73 OR (3d) 621 at paras 51-71 (SC); Giacomelli v Canada (Attorney General), 2005 CanLII 49204, [2005] OJ No 5677 at para 9 (SC); Hogan v Newfoundland (Attorney General), 2000 NFCA 12, 183 DLR (4th) 225 at para 38; Reference Re Canada Assistance Plan, 1991 CanLII 74 (SCC), [1991] 2 SCR 525 at paras 64, 72.

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    How would it handle cases when the campaign promises are not possible for legal, financial or other reasons? It isn't unreasonable to think that a candidate with no political experience to make promises that are not possible. Commented yesterday
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    It is related, it's not a duplicate. Both questions are about binding politicians to promises. One seeing this question may be interested in the other. Commented yesterday
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    Upvoted. I certainly disagree with this as a policy - see my answer. But it is a common enough question expressing some of the frustration voters have these days. So it is far from a dumb question and merits answering. Rather than nitpicking in comments. Welcome aboard. Commented yesterday
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    you do not need to overcome or skirt a ruling that you can't be forced to do a thing. You can just do the thing. The courts didn't rule that McGuinty couldn't pay out money, only that he didn't have to if he didn't want to. Commented yesterday
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    politics.stackexchange.com/questions/64243/… => Sheila Coops (a Canadian politician) did just this 3 decades ago. Sadly, it is extremely rare. Commented 17 hours ago

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Frame challenge: this is unrealistic and undesirable.

(but oh so very fashionable these days)

Let's start looking at the cited page:

An Ontario Superior Court judge has absolved Ontario Premier Dalton McGuinty of breaking an elaborately signed contract promising not to raise or create new taxes, saying anyone who believes a campaign promise is naive about the democratic system.

How about the case when a politician inherits worse-than-expected numbers from their predecessor and therefore has to raise taxes?

More generally, in most cases an election puts in place someone who is not unconstrained in what they can do. By checks and balances, which the same voters doing the complaining usually also insist upon.

But also by the opposition, which rarely is incentivized to assist in getting things done. And by lobbying by those affected negatively by a significant policy change.

It is frequent that a politician genuinely tries to carry out their campaign promise and is stymied in doing so. And, guess what, that is also part of the democratic system.

Or, sometimes they mature once in office and realize that their well-intentioned ideas can't be carried out as intended. If I were living in NYC, I'd be relieved Mamdani is slow-walking some of his flakier ideas...

And the one type of policy quite capable of being passed...

Are tax cuts. Which are the subject of the cited page. Which always sound good, don't they? Except when we don't cut spending, which rarely happens and we are running on ever-increasing budget deficits.

Most of the Western world sees interest rates on debt a swelling spending item which in many places comes in as top tier items, right after health and education and the like.

It's easy, in Canada, to see a provincial or federal politician getting elected on a promise to cut taxes. It's also easy to envision how negative that would be in the long term when coupled to existing budget deficits and debt loads.

All the easier from observing the effects of the One Big Beautiful Bill in our southern neighbors.

Cutting taxes, when done irresponsibly, without cutting spending, is the best way for a politician to buy themselves popularity while kicking the can down the road to future generations. In fact, high taxes now are probably a sign people chose the easy way a few decades back.

This is also an indictment of press coverage, readership and electorate expectations.

There is a real tension in democracies between campaigning - a popularity contest and governing - calling for good management. In the past policy promises would be scrutinized by the press during campaigning, but now focus for much of it is on identity politics, because... that's what the readership longs to read. Few could be bothered to figure out if Mamdani's spending promises were fiscally doable. Or if campaign-Trump's tariff ideas made any sense (those promises might have been better shelved).

No, most of the energy is spent on shooting down the opposition, while lauding one's chosen candidate without looking too closely at how their sausage is being made.

So once the rubber hits the road during the governing part, often stupid ideas get quietly shelved and that is not necessarily a bad thing.

As the cited judge says...

Punish that party comes next election. And since Canadians often look at US actions, there is the "read my lips" precedent to take inspiration from: having been elected on a no-new-taxes platform, Bush Sr. resoundingly lost his reelection bid after breaking that pledge.

p.s. I am certainly not pro high taxation. What I am pro is spending within our means.

p.p.s. If a politician wanted to deposit a bond of their own money into escrow and use that as campaigning tool, I don't see why that should not be allowed. But it should not be a requirement. And consider this: such a system would penalize politicians who are not already wealthy.

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    @user257486 Taxes are an easy example, but so is spending (see Mamdani). Take Starmer's keep-triple-lock promise: pensions go up by max of inflation, wage growth or 2.5%. It's a daft promise, but got him elected. Keeping it is not productive in the long term. There is a real tension in democracies between campaigning - a popularity contest and government - calling for good management. In the past policy would be scrutinized by the press during campaigning, but now focus for much of it is on identity politics, because... that's what the readership longs to read. Commented yesterday
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    ... and since getting elected Starmer has ridden his vast majority down to what looks to be a looming electoral defeat in the next elections. By being timid and unwilling to abandon his popularity contest during the governing part of the cycle. I get that people are upset with politicians but you can't at the same time demand the moon and then not allow them to do anything once in office. Then you have stupid policies "for the base" best forgotten: textbook example would be Trump's inane deportation promises being moved into cruel and unproductive policy. Commented yesterday
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    @user257486: "I wonder if your answer is too narrowly focussed on [...] complicated topics?" Almost everything in politics is complicated. The wide-spread belief that things were actually quite simple is a significant danger to many democracies. Commented yesterday
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    @user257486: Specific does not imply uncomplicated. (Although one might criticize that specific promises tend, incidentally or by design, to sound less complicated than they are.) Commented yesterday
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    @user257486 - What happens if the Greens get elected, and before they can pass a minimum wage increase, Trump decides to default on the US's debt and crashes the world economy to the extent that there's suddenly 30%+ unemployment. Should they still pass the minimum wage increase, because they've obligated themselves to, even though it would make the unemployment situation even worse? Commented 17 hours ago
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This is a legal impossibility

If the candidate were to attempt to make a legally binding contract with the world, or some part of it, like her constituents, this contract would be void for being against public policy.

A parliamentarian’s overriding legal duty is to the Monarch, not to her constituents or anybody else. Note that in this context, the Monarch is the personification of Canada, not the individual who currently holds the position.

This is a requirement of the Constitution Act 1967 which states: “Every Member of the … House of Commons of Canada shall before taking his Seat therein take and subscribe before the Governor General or some Person authorized by him … the Oath of Allegiance contained in the Fifth Schedule to this Act”. The oath itself is: “I, (Member’s name), do swear, that I will be faithful and bear true Allegiance to Her Majesty Queen Elizabeth the Second”. As an alternative to swearing the oath, Members may make a solemn affirmation, by simply stating: “I, (Member’s name), do solemnly, sincerely, and truly declare and affirm that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second”.

A similar oath is required of Senators. And, for that matter, the Monarch.

Any contract that fettered the parliamentarian in the discharge of their duties, for example, by pre-committing them to a given course of action, conflicts with the law and is therefore void.

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    That is a quite indirect way to state that parliamentarians are not to be bound by contracts. Other countries are much more straightforward, as for example the German Grundgesetz in § 38: "Members of the German Bundestag...shall be representatives of the whole people, not bound by orders or instructions and responsible only to their conscience." Commented yesterday
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    ...or Article 26 of the French constitution: "No Member of Parliament shall be prosecuted, investigated, arrested, detained or tried in respect of opinions expressed or votes cast in the performance of his official duties." and 27: "No Member shall be elected with any binding mandate." Commented yesterday
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    @user257486 it’s still contract law - she’s contracting with the trustees Commented yesterday
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    @ccprog I took the liberty to put your two examples of Germany and France as a separate answer. I think there are very useful. Commented yesterday
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    @user257486 yes Commented 17 hours ago
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Note this is a frame challenging suggesting that the idea is very bad and even dangerous.

This would be a very bad idea as well as dangerous as it would make achieving compromises much harder if not impossible. As politicians are elected alongside other politicians that have different beliefs and goals it is expected that they will work together and make compromises on what they want in order to accomplish their goals. If they where held legally responsible for making those compromises it would prevent them from ever trying to work together.

As an example you have two politicians with different promises

Politician 1:
Promise A
Promise B
No new taxes

Politician 2:
Promise X
Promise Y
Promise Z

It could easily work out that in order to get the higher priority promises A/X completed they could compromise on other things such as a tax hike to ensure that the other priorities had the needed funding.

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    @user257486 Taxes is just an example, it could be any issue. Commented yesterday
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    This doesn't answer the question, which is about how, not whether. And whether it's a good idea is a matter of opinion -- some politicians see compromise as a minus. They were elected to accomplish something in particular, and they've failed if they have to give it up in a compromise. Commented yesterday
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    @user257486 It is just an example using the section of your question about the promise that was made for no new taxes or no increased taxes. The issue is that it would prevent any compromise in order to keep their campaign promises and not be legally punished. Commented yesterday
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    @Barmar This answer is a frame challenge addressing the issue that compromise is a key part of the governing process as there are always going to be multiple parties/factions which have different goals and agendas. If no one is willing to make any compromises because they could get legally punished for breaking campaign promises it will make it even harder for the government to function and get things done. Commented yesterday
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    @JonathanReez Incorrect, there are many who make pledges such as no new taxes, no increase in taxes and go even as far as to pledge to reduce taxes which is very often impossible to do without cutting many other things that others have pledged to do. Nothing gets easier by having the common occurrence of different sides of the political spectrum making campaign pledges that contradict each other. Commented 17 hours ago
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If she wanted to put herself in this position, it would be easy enough to accomplish:

She could establish a trust (with independent trustees), perhaps with some charitable aim. She could then contract with the trust to fulfil certain promises. "I will pay the trust $300000 if I fail to double the number of homes built per year". Or some other formula if you want an "unlimited fine"

If she doesn't keep the promise, the trust can demand payment and sue her if she refuses.

The chance of this ever happening is infinitesimal. Who would set up a trust with no function except to cost themselves money? It's utterly ridiculous!

However as noted in other answers, beware the consequences. It may be possible to bind yourself to a promise, but it doesn't mean it's a good idea.

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    I am wondering if such a contract would stand in the light of section 16 (senate) and 41 (house of commons) of the Parliament of Canada Act, prohibiting any member from taking "compensation, directly or indirectly, for services rendered...in relation to any bill, proceeding,...or other matter before the Senate or the House of Commons or a committee of either House". Even if in your scenario, the "compensation" would be not to be forced to pay the penalty, linking parliamentary behavior to financial transactions is a clear breach of the spirit of that rule. Commented yesterday
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    At least in the US, a charitable trust can be declared void if its purpose is contrary to public policy. That's a rarely used justification (most often on civil rights grounds) but I suspect that a court could make it work here. Commented yesterday
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    It seems like we have a followup legal question: Would such a contract be legally enforceable? Commented yesterday
  • @quarague: Surely that’s already part of this question? “How can one make X type of promise be legally binding” isn’t really answered at all without addressing whether a proposed mechanism would actually be legally enforceable. Commented yesterday
  • What do you reckon of Dale M's answer below? He appears to disagree with you that "it would be easy enough to accomplish". Commented 23 hours ago
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Thanks to user @ccprog for pointing this out, but for example in Germany or in France any such contract would be illegal.

The German Grundgesetz (essentially the constitution) says in §38:

Members of the German Bundestag...shall be representatives of the whole people, not bound by orders or instructions and responsible only to their conscience.

The French constitution says in article 27:

No Member shall be elected with any binding mandate.

Comparable regulations prohibiting an imperative mandate exist in a number of constitutions. The Venice Commision of the European Council lists

Andorra, Article 53; Armenia, Article 66; Croatia, Article 74; France, Article 27; Germany, Article 38.1; Italy, Article 67; Lithuania, Article 59 – which refers to no restriction of representatives by other mandates; Romania, Article 69; Spain, Article 67.2

In all these cases laws prevent a politician from binding themselves that way.

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In the same direction as the frame challenges by @ItalianPhilosopher and @JoeW, it should be pointed out that the discussion about imperative mandates is old, and the most cited negative answer was given in 1774 by the newly elected representative for Bristol to the House of Commons, Edmund Burke. It is considered the theoretical basis for the trustee model of representation:

I am sorry I cannot conclude without saying a word on a topic touched upon by my worthy colleague. I wish that topic had been passed by at a time when I have so little leisure to discuss it. But since he has thought proper to throw it out, I owe you a clear explanation of my poor sentiments on that subject.

He tells you that "the topic of instructions has occasioned much altercation and uneasiness in this city;" and he expresses himself (if I understand him rightly) in favour of the coercive authority of such instructions.

Certainly, gentlemen, it ought to be the happiness and glory of a representative to live in the strictest union, the closest correspondence, and the most unreserved communication with his constituents. Their wishes ought to have great weight with him; their opinion, high respect; their business, unremitted attention. It is his duty to sacrifice his repose, his pleasures, his satisfactions, to theirs; and above all, ever, and in all cases, to prefer their interest to his own. But his unbiassed opinion, his mature judgment, his enlightened conscience, he ought not to sacrifice to you, to any man, or to any set of men living. These he does not derive from your pleasure; no, nor from the law and the constitution. They are a trust from Providence, for the abuse of which he is deeply answerable. Your representative owes you, not his industry only, but his judgment; and he betrays, instead of serving you, if he sacrifices it to your opinion.

My worthy colleague says, his will ought to be subservient to yours. If that be all, the thing is innocent. If government were a matter of will upon any side, yours, without question, ought to be superior. But government and legislation are matters of reason and judgment, and not of inclination; and what sort of reason is that, in which the determination precedes the discussion; in which one set of men deliberate, and another decide; and where those who form the conclusion are perhaps three hundred miles distant from those who hear the arguments?

To deliver an opinion, is the right of all men; that of constituents is a weighty and respectable opinion, which a representative ought always to rejoice to hear; and which he ought always most seriously to consider. But authoritative instructions; mandates issued, which the member is bound blindly and implicitly to obey, to vote, and to argue for, though contrary to the clearest conviction of his judgment and conscience,--these are things utterly unknown to the laws of this land, and which arise from a fundamental mistake of the whole order and tenor of our constitution.

Parliament is not a congress of ambassadors from different and hostile interests; which interests each must maintain, as an agent and advocate, against other agents and advocates; but parliament is a deliberative assembly of one nation, with one interest, that of the whole; where, not local purposes, not local prejudices, ought to guide, but the general good, resulting from the general reason of the whole. You choose a member indeed; but when you have chosen him, he is not member of Bristol, but he is a member of parliament. If the local constituent should have an interest, or should form an hasty opinion, evidently opposite to the real good of the rest of the community, the member for that place ought to be as far, as any other, from any endeavour to give it effect. I beg pardon for saying so much on this subject. I have been unwillingly drawn into it; but I shall ever use a respectful frankness of communication with you. Your faithful friend, your devoted servant, I shall be to the end of my life: a flatterer you do not wish for.

The Works of the Right Honourable Edmund Burke. Vol. II. London: Henry G. Bohn, 1854–56. Quoted after this.

The argument he delivers is a spatial one ("those who form the conclusion are perhaps three hundred miles distant from those who hear the arguments"), but it can easily applied also to the temporal distance: "what sort of reason is that, in which the determination precedes the discussion"? A parliamentarian must be able to change his/her opinion, if the deliberations teach him/her to do so.

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