The Commission believes that the redistribution of electoral districts is based on two elements: on the one hand, the application of the principles set out in the Act and jurisprudence that govern the right to vote guaranteed under section 3 of the Canadian Charter of Rights and Freedoms and the effective and equitable representation of citizens, and on the other hand, the appreciation and weighting of the factors and characteristics specific to each electoral district with regard to the principles of redistribution.

Concerning the applicable principles, section 15 of the Electoral Boundaries Readjustment Act identifies the key factors that must be considered, namely the province's electoral quota, and the electoral district's community of interest or identity, its historical pattern and its geographic size. This is incorporated in the Order that established this Commission and therefore applies in this case. Furthermore, the Supreme Court of Canada set out important principles in the Reference re Prov. Electoral Boundaries (Sask.) concerning the applicability and weighting of the various factors identified above. The following is a summary of the key principles from the majority decision in this reference. First, the Court states that "the purpose of the right to vote enshrined in s. 3 of the Charter is not equality of voting power per se, but the right to effective representation." It adds that "parity of voting power, though of prime importance, is not the only factor to be taken into account in ensuring effective representation."

In this respect, it points out that "such relative parity as may be possible of achievement may prove undesirable because it has the effect of detracting from the primary goal of effective representation." The Court cites examples where factors may justify a departure from voter parity: "Factors like geography, community history, community interests and minority representation may need to be taken into account…" It concludes that departure from voter parity can be justified "to ensure more effective representation" and "in the end, it is the broader concept of effective representation which best serves the interests of a free and democratic society."

The first factor relating to effective and equitable representation, which the Supreme Court describes as being of “prime importance”, is equality in the number of electors, i.e. parity of voting power. The Court leaves no doubt that the principle of parity of voting power is an essential way to ensure the most equitable representation in the province's electoral districts. According to the 2001 census, New Brunswick has a population of 729,498. When divided by the number of MPs in Parliament (10), each district should have an electoral quota of 72,950. The Act permits a maximum of ±25% variance between an electoral district's population and the province's electoral quota. This principle is repeated in this Commission's mandate.

Transferring parts of the parishes of Allardville and Bathurst from the electoral district of Miramichi to Acadie–Bathurst will increase the population of Acadie–Bathurst and significantly reduce Miramichi's. This will, in turn, increase the gap between the populations of these districts and the electoral quota of 72,950. In fact, the population of Acadie–Bathurst will reach 82,929, which is 13.68% over the electoral quota, while the population of Miramichi will drop to 56,464, 22.70% under the quota. Even though the decrease in the electoral district of Miramichi is within the 25% allowed, we must acknowledge that it is very close to the limit.

Another factor to be considered in the redistribution of electoral boundaries is the geographic size of a district. This factor is included in this Commission's mandate. It is generally recognized that it is more difficult to represent large rural districts than small urban districts. This is why the objective of effective representation takes this into account and may justify, in certain cases, having smaller populations in geographically large rural regions.

The Commission believes that this factor applies to the electoral district of Miramichi. It has a smaller population than the province's electoral quota due to its low population density, but is the second largest district in the province. On the other hand, the electoral district of Acadie–Bathurst is the smallest of all the rural districts in the province, but it has a relatively dense population.

Furthermore, the Supreme Court recognizes the importance of considering non-demographic factors such as the community of interest and the representation of minority groups to ensure a more effective representation of an electoral district.

Among the factors that may identify a community of interest, the Commission focussed on the following: language, economic ties, patterns of business and leisure activity, lifestyles, and access to public, educational and health services.

During the public hearing held in Bathurst on November 18, 2004, all participants, without exception, agreed to transferring parts of the parishes of Allardville and Bathurst to the electoral district of Acadie–Bathurst. Four of the participants live in the Greater Bathurst Region and made personal representations. Two other participants were spokespersons for organizations or associations, namely the Société des Acadiens et Acadiennes du Nouveau-Brunswick and Association francophone des municipalités du N.-B. The mayor of Bathurst also spoke on behalf of his city and the towns and villages of Beresford, Nigadoo, Petit-Rocher and Pointe-Verte. Two other individuals represented the Local Service Districts of Saint-Sauveur and Allardville. Mr. Charles Hubbard, MP for the electoral district of Miramichi, spoke to the Commission and those present, and a presentation was submitted on behalf of Mr. Yvon Godin, the MP for Acadie–Bathurst.

To sum up the issues and comments made by the participants, it is clear that everyone agreed that they share common economic interests with the other regions of Acadie–Bathurst and expressed a sense of belonging to their regions and the electoral district of Acadie–Bathurst. They presented a variety of factors describing the business, social and recreational interaction between individuals and communities of the Greater Bathurst Region, as well as the ties and affinities that connect them to this region. For instance, Bathurst was described as the economic hub of the region where the participants shop and where the delivery of government services (such as hospital and health care), post-secondary education at the community college, legal services, and sports and recreational activities are concentrated. As for ties created through specific economic interests, much was said about the common efforts that have been made over quite a number of years with regard to regional economic development, and the numerous regional organizations with which the participants associate to achieve their common goals. Finally, among the main social characteristics of their region, some participants said that they share a common language and collective identity with the community. In fact, it is clear from the comments collected during the public hearings that a large majority of the inhabitants of the parishes of Allardville and Bathurst share strong community identification at an economic, linguistic and cultural level with the entire electoral district of Acadie–Bathurst and, more specifically, with the Greater Bathurst Region.

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