As we’ve discussed previously in Nature Labs, floor crossing involves Members of Parliament switching party allegiance mid-term, shaking up government stability. And in recent months, we’ve seen a lot of floor crossing! With Nunavut NDP MP Lori Idlout’s recent crossing to the Liberals, the Mark Carney-led minority government is creeping closer to that all-important 172-seat threshold required to form a majority government in our House of Commons. But is floor crossing legal? Is it fair? And why exactly does having a majority of seats in the House of Commons matter? We’re here to help!
What exactly is floor crossing?
The term originates from the British Westminster system of government, where MPs physically cross the floor of the House of Commons to join the opposing side. In Canada, this practice dates to pre- Confederation (like a 1866 New Brunswick anti-Confederate switching for a cabinet post), carrying over UK traditions to our parliamentary system.
Is it legal?
Yes! Floor crossing is fully legal and not prohibited by our constitution. It aligns with Westminster conventions and has been upheld by our courts in cases like Fletcher v. Manitoba, where anti-crossing laws were struck down for violating parliamentary tradition.
Is it fair?
Here’s where things get a bit sticky. It’s controversial, at the very least. Many feel MPs should face the electorate if they want to switch sides in the House, especially when floor crossing happens shortly after an election. After all, while we technically vote for individuals to represent us in the House of Commons, most people vote for the party brand a candidate represents. On the flip side, while Conservatives and the NDP are outraged members of their caucuses have left for the governing Liberals, it’s worth also remembering that almost every party in the House has benefited from floor crossers at some point in their history.
- In addition to the NDP’s Lori Idlout, the Liberals have also added former Conservative
MPs Matt Jeneroux, Michael Ma, and Chris d’Entremont to their ranks. The Liberals have
poached opposition MPs in the past as well, like when Tory Belinda Stronach (2005)
crossed to the Liberals to help former Prime Minister Paul Martin survive a confidence
vote. - The Conservatives have also benefitted from floor crossers. When Stephen Harper first
took office, he poached former Liberal cabinet minister David Emerson (2006) days after
his re-election as a Liberal, adding a critical seat and important experience to his new
minority government. Even recently, Pierre Poilievre’s Conservatives benefited from
Liberal MP Leona Alleslev joining the opposition, hurting former Prime Minister Justin
Trudeau’s governing Liberals. - Famously, the the Bloc Québécois gained Lucien Bouchard (1990) from Brian Mulroney’s
governing Progressive Conservatives, giving the fleging party a toe hold in the House. - The Green Party once welcomed Liberal MP Blair Wilson (2007) to their side of the aisle,
and the NDP has had Liberal MPs defect to their party, albeit post-defection.
Why is it controversial?
Proponents argue floor crossing reflects MPs’ evolving views or better policy fits, allowing voter representation without byelections. Critics call it a betrayal of voters who elected the MP under the original party banner, eroding trust in our democracy in the process. However, since every party in the House has benefited from some type of defection – and most have received floor crossing boosts at some point in recent history – it’s a bit rich to criticize the move when it’s inconvenient and celebrate it when it’s helpful.
What does this mean for the governing Liberal Party?
With Idlout’s switch, the Liberals now hold 170 seats in the 343-seat House of Commons. Remember: three seats are currently vacated (not occupied) due to recently called byelections. With 172 seats needed to form a majority government in the 343-seat House, if the Liberals win two of three byelections (likely), the Carney-led Liberals will be able to upgrade their minority government to a majority.
Why does a majority government matter again?
A minority needs opposition support for bills; a majority passes legislation alone. This distinction, core to Canadian politics, is covered extensively in Nature Labs (see our social studies unit!).
A caveat!
The Speaker, elected from government ranks but impartial in theory, vacates their party seat and doesn’t vote except in ties. In essence, the Liberals need 173 seats total post-byelections to offset this reality, ensuring control of the governing agenda despite the Speaker’s non-voting role in routine proceedings. In other words, the Liberals would love to win all three byelections, including one in Quebec that is being ordered by the courts after the Liberal candidate won by only won (contested) vote in the last election.
Also!
Even with 173 seats in the House, it’d be razor-thin majority government (barely over half), vulnerable to future defections or resignations. (Floor crossings can happen both ways, remember!) However, if the Liberals secure a majority through byelection wins and floor crossings – and don’t lose any more members from their side of the aisle in the coming years – Carney’s Liberals could govern for up to five years before the next election.
Why Carney wants a majority
Prime Minister Mark Carney wants to upgrade his government from minority to majority to create governing stability during challenging times, stating that a majority would help strengthen his mandate during important negotiations, such as the upcoming renewal of CUSMA (the Canada-US-Mexico free trade pact). To better understand the challenges Canada’s faces, don’t forget to check out our Canada at a Crossroads series!