Jack Layton

During the 2004 Canadian federal election, controversy erupted over Layton's accusation that Liberal Prime Minister Paul Martin was responsible for the deaths of homeless people because he failed to provide funding for affordable housing.[60] While rates of homelessness and homeless deaths increased during the eleven years of Liberal government, the link to Martin's decisions was indirect as affordable housing is a mainly provincial jurisdiction.[61] Layton's charge was defended by some, including the Ottawa Citizen,[62] but most attacked it as inaccurate and negative campaigning. Moreover, the controversy consumed the campaign, overshadowing policy announcements over the next week.[63]

Further controversy followed as Layton suggested the removal of the Clarity Act, considered by some to be vital to keeping Quebec in Canada and by others as undemocratic, and promised to recognize any declaration of independence by Quebec after a referendum.[64] This position was not part of the NDP's official party policy, leading some high-profile party members, such as NDP House leader Bill Blaikie and former NDP leader Alexa McDonough, to publicly indicate that they did not share Layton's views. His position on the Clarity Act was reversed in the 2006 election to one of support.[65]

Layton also continued his effort to improve his party's standing in Quebec. The NDP ran French-language ads in the province and Layton, who spoke colloquial Québécois French, appeared in them. He advocated replacing the first-past-the-post system with proportional representation. He threatened to use the NDP's clout in the event of a minority government. However, it was dismissed out of hand by the Liberal and Bloc Québécois leaders, as they tend to be favored by the first-past-the-post system, normally being allocated a greater proportion of seats than the proportion of votes cast for them. Historically, the NDP's popular vote does not translate into a proportional number of seats because of scattered support. This was most opposed by the Bloc Québécois, who usually had the lowest popular vote but nonetheless won many seats because their support was concentrated in Quebec. Despite these problems, Layton led the NDP to a 15% popular vote, its highest in 16 years. However, it only won 19 seats in the House of Commons, two less than the 21 won under Alexa McDonough in 1997, and far short of the 40 that Layton predicted on the eve of the election. However, some potential NDP voters may have voted Liberal to prevent a possible Conservative win. Olivia Chow and several other prominent Toronto NDP candidates lost tight races and Layton won his own seat against incumbent Liberal Dennis Mills by a much narrower margin than early polls indicated.

Jack Layton speaks at an NDP Rally in Courtenay, British Columbia the night of January 12, 2005

With the ruling Liberal Party being reduced to a minority government, revelations of the sponsorship scandal damaging its popularity to the point where both the Conservative Party and the Bloc Québécois were pressing their advantage for a snap election, the prime minister approached the NDP for its support. Layton demanded the cancellation of proposed corporate tax cuts and called for an increase in social spending. The ensuing compromise in the NDP's favour was protested by the other opposition parties who used it as a pretext to force a non-confidence vote. On May 19, two such votes were defeated and Layton's amendments went on to be passed on its final reading vote on June 23. As a result of this political coup and his apparent civil behaviour in a spitefully raucous parliament, many political analysts noted that Layton gained increased credibility as an effective leader of an important party, becoming the major second choice leader in many political polls – for example, polling second in Quebec after Gilles Duceppe, despite the low polls for his party as a whole in the province.

In mid-November 2005, when Liberal support dropped after the Gomery Commission delivered its first report, Layton offered the prime minister several conditions in return for the NDP's continued support, most notably on the issue of privatization of health care in Canada, where Layton wanted strict provisions for controlling public spending on private health care delivery, saying that without "significant action" on the issue, "Mr. Martin can't count on our support." Martin for his part offered no comment on a meeting held to discuss the issue, only saying that it was a "good meeting", while Layton publicly expressed his disappointment at the outcome.[66] Layton announced he would introduce a motion requesting a February election. However, the Martin government refused to allow the election date to be decided by the opposition. A motion of non-confidence followed, moved by Stephen Harper and seconded by Layton, triggering the 2006 federal election. Layton was working with the Liberal government, but determined he would have a better chance of electoral success by voting against the government and having an election.

On March 26, 2011, in response to Harper's allegations that a coalition is not a legitimate or principled way to form government, Duceppe stated that Harper had once tried to form a coalition government with the Bloc Québécois and NDP.[67] In 2004 Stephen Harper privately met with Bloc Québécois leader Gilles Duceppe and New Democratic Party Leader Jack Layton in a Montreal hotel. The meeting that took place between the three party leaders happened 2 months before the federal election.[68] On September 9, 2004, the three signed a letter addressed to then-Governor General Adrienne Clarkson, stating,

We respectfully point out that the opposition parties, who together constitute a majority in the House, have been in close consultation. We believe that, should a request for dissolution arise, this should give you cause, as constitutional practice has determined, to consult the opposition leaders and consider all of your options before exercising your constitutional authority.[68]

On the same day the letter was written, the three party leaders held a joint press conference at which they expressed their intent to co-operate on changing parliamentary rules, and to request that the governor general consult with them before deciding to call an election.[69] At the news conference, Harper said "It is the Parliament that's supposed to run the country, not just the largest party and the single leader of that party. That's a criticism I've had and that we've had and that most Canadians have had for a long, long time now so this is an opportunity to start to change that." However, at the time, Harper and the two other opposition leaders denied trying to form a coalition government.[68] Harper said, "This is not a coalition, but this is a co-operative effort."[69]

One month later, on October 4, Mike Duffy, now a Conservative senator (appointed by Harper), said "It is possible that you could change prime minister without having an election", and that some Conservatives wanted Harper as prime minister. The next day Layton walked out on talks with Harper and Duceppe, accusing them of trying to replace Paul Martin with Harper as prime minister. Both Bloc and Conservative officials denied Layton's accusations.[68]

In a media scrum during the 2006 winter election campaign

With a vote scheduled for January 23, 2006, many New Democrats expected Layton to deliver substantially more seats than he did in 2004. They hoped the NDP would hold the balance of power in a new minority parliament, so that they could carry additional leverage in negotiating with the governing party. Mike Klander, the executive vice-president of the federal Liberals' Ontario wing, resigned after making posts on his blog comparing Chow to a Chow Chow dog and calling her husband an "asshole".[70]

Through the course of the campaign, Layton attempted to cast himself as the sole remaining champion of universal health care. Some opinion polls showed that Canadians found Layton the most appealing and charismatic of the leaders. Layton repeatedly insisted that "Canadians have a third choice", and urged Liberals to "lend us your vote". Some commentators and pundits mocked Layton for over-using these catchphrases instead of explaining the NDP platform.

The NDP's strategy had changed in that they were focusing their attacks on the Liberals rather than in 2004, where they criticized both the Liberals and Conservatives in equal measure, prompting some criticism from Paul Martin.[71] Andrew Coyne suggested that the NDP not only wanted to disassociate themselves from the scandal-ridden Liberals, but also because the Liberals were likely to receive credit for legislation achieved under the Liberal-NDP partnership. The NDP had also lost close races in the 2004 election due to the Liberals' strategic voting. Early in the campaign, NDP MP Judy Wasylycia-Leis had asked the Royal Canadian Mounted Police (RCMP) to launch a criminal investigation into the leaking of the income trust announcement.[72] The criminal probe seriously damaged the Liberal campaign and preventing them from making their key policy announcements, as well as bringing alleged Liberal corruption back into the spotlight.

Layton's campaign direction also caused a break between him and Canadian Auto Workers union head Buzz Hargrove over the issue of strategic voting. Hargrove preferred a Liberal minority government supported by the NDP and he had earlier criticized Layton for participating in the motion of non-confidence that brought down the Liberal government. Hargrove allied with the Liberals and publicly stated that he "did not like the campaign that Jack Layton was running", criticizing Layton for "spending too much time attacking the Liberals". During the final week of the campaign, knowing that last-minute strategic voting had cost the NDP seats in several close ridings during the 2004 election,[73] Hargrove and Martin urged all progressive voters to unite behind the Liberal banner to stop a Conservative government.[74]

Layton intensified his attacks on the Liberal scandals, pledging to use his minority clout to keep the Conservatives in check. Shortly after the election, the Ontario provincial branch of the NDP revoked Hargrove's party membership because he had violated the party's constitution by campaigning for other parties during an election campaign, though Layton disagreed with this. Hargrove retaliated by severing ties with the NDP at the annual CAW convention. The election increased the NDP's total seats to 29 seats, up from 18 before dissolution.[75] Among the new NDP candidates elected was Olivia Chow, making the two only the second husband-and-wife team in Canadian Parliament history (Gurmant Grewal and Nina Grewal were the first husband-and-wife team in Canadian Parliament after the 2004 federal election). In the end, the NDP succeeded in increasing their parliamentary representation to 29 MPs, though they had significantly fewer seats than the Bloc Québécois (51) or the Opposition Liberals (103).[75]

Jack Layton giving a speech on the 5th anniversary of his leadership of the NDP

At the NDP's 22nd Convention, held on September 10, 2006, in Quebec City, Layton received a 92% approval rating in a leadership vote, tying former Reform Party Leader Preston Manning's record for this kind of voting.[76] This record was broken in 2016 by Elizabeth May of the Green Party of Canada.[77] At the same convention, the NDP passed a motion calling for the return of Canadian Forces from Afghanistan. On September 24, 2006, he met with Afghan President Hamid Karzai to discuss the NDP position. After the meeting Layton stated that Canada's role should be focused on traditional peacekeeping and reconstruction rather than in a front line combat role currently taking place.[78]

Layton and his caucus voted to support the new proposed rules for income trusts introduced by the Conservatives October 31, 2006.[79] The short-term result of the tax policy announcement was a loss to Canadian investors of $20 billion, the largest ever loss attributed to a change in government policy.[80]

Layton threatened to move a motion of non-confidence against the government over the "Clean Air Act" unless action was taken to improve the bill and its approach to environmental policy.[81] Prime Minister Harper agreed to put an end to the Parliamentary logjam by sending the bill to a special legislative committee before second reading. He released his proposed changes to the "Clean Air Act" on November 19, 2006.[82]

On June 3, 2008, Layton voted to implement a program which would "allow conscientious objectors ... to a war not sanctioned by the United Nations ... to ... remain in Canada ..."[83][84][85] Layton led the NDP to be instrumental in taking action on the peace issue of Canada and Iraq War resisters.

On June 11, 2008, Prime Minister Stephen Harper made it known that he had received private counsel from Layton on the matter of Indian residential schools and the apology to former students of the schools. Before delivering the apology, Harper thanked Layton.[86]

Broadbent and Jack Layton at a 2008 election rally in Toronto

Layton started off the 2008 federal election campaign with a speech similar to that of US presidential nominee Barack Obama. Layton denied he was trying to draw comparisons with Obama, saying "I mean, I am a lot shorter than he is. He is a brilliant orator. I'm never going to claim to be that. But what I have noticed is that the key issues faced by the American middle class, the working people of the U.S. and their concerns about their families' futures, are awfully similar to the issues that I hear in Canada." Layton said that he has also written to Obama and Hillary Clinton saying that the North American Free Trade Agreement had hurt working people in both countries "and those stories have to be told."

Layton, along with Prime Minister Harper and Bloc Québécois leader Gilles Duceppe, initially opposed the inclusion of Green Party leader Elizabeth May in the leaders' televised debates.[87][88] Layton initially said that he was following the rules of the broadcast consortium, while NDP spokesman Brad Lavigne confirmed that Layton had refused to attend if May was present, noting that May had endorsed Liberal leader Stéphane Dion for prime minister, and arguing that her inclusion would in effect give the Liberals two representatives at the debate. Rod Love, former chief of staff to Ralph Klein, suggested that the Greens could potentially cut into the NDP's support.[89] Layton's stance drew criticism from the YWCA,[90] Judy Rebick, and members of his own party.[91] Layton dropped his opposition to May's inclusion on September 10, 2008. "This whole issue of debating about the debate has become a distraction to the real debate that needs to happen", Layton said. "I have only one condition for this debate and that is that the prime minister is there."[92]

In October 2008, Layton posted an online video message speaking out in favour of net neutrality, torrent sites, video-sharing sites, and social-networking sites.[93] In a separate interview he said that increasing corporate control "is very, very dangerous and we have put the whole issue of net neutrality right into the heart of our campaign platform", and that the Internet is "a public tool for exchanging ideas and I particularly want to say that if we don’t fight to preserve it, we could lose it." In the end, the NDP gained 8 new seats, taking its tally to 37. This result still left the NDP as Canada's fourth party, behind the Bloc Québécois with 50. The NDP managed to retain Outremont, held by Tom Mulcair, its only seat in the province.[94]

Layton during the 2008 election campaign

The 40th session of Parliament began on November 27, 2008, with a fiscal update by the Conservatives that outlined their agenda for the upcoming term. This included a temporary suspension of federal employees' right to strike and a removal of monetary subsidies for political parties.[95] All three opposition parties including the NDP stated that they could not support this position. Layton along with Liberal leader Stéphane Dion and Bloc Québécois leader Gilles Duceppe began negotiations to form a coalition that would replace the Conservatives as the government. The three opposition parties planned to table a motion of non-confidence in the House of Commons, and counted on the likelihood that the governor general, Michaëlle Jean, would invite the coalition to govern instead of dissolving parliament and calling an election so soon after the last election.

On December 1, 2008, the three opposition leaders signed an accord that laid down the basis for an agreement on a coalition government. The proposed structure would be a coalition between the Liberals and the NDP, with the New Democrats getting six Cabinet positions. Both parties agreed to continue the coalition until June 30, 2011. The Bloc Québécois would not be formally part of the government but would provide support on confidence motions for 18 months.[96]

Opposition to the proposed coalition developed in all provinces except Quebec.[97] On December 4, 2008, the governor general granted Prime Minister Harper's request to prorogue parliament until January 26, 2009, at which time Harper had planned to introduce the budget. Dion had since been ousted from the leadership of the Liberals and his successor, Michael Ignatieff, had distanced himself from the coalition.

Layton remained committed to ousting the Harper government,[98][99] pledging that the NDP would vote against the Conservative budget regardless of what it contained.[100] Layton urged Ignatieff's Liberal Party to topple the Conservatives before the shelf life of the coalition expired; constitutional experts said that four months after the last election, if the government fell, the governor general would likely grant the prime minister's request to dissolve parliament instead of inviting the coalition[101]

Layton making an appearance in Toronto's Pride Parade in 2009

On January 28, 2009, the Liberals agreed to support the Conservative budget with an amendment, ending the possibility of the coalition, so Layton said "Today we have learned that you can't trust Mr. Ignatieff to oppose Mr. Harper. If you oppose Mr. Harper and you want a new government, I urge you to support the NDP."[102]

In March 2009, the NDP, under Layton's leadership, re-introduced a motion (first passed June 3, 2008) which, if implemented, would allow conscientious objectors to the Iraq War to remain in Canada. The motion again passed March 30, 2009, by 129–125, but it was non-binding.[103][104] In a leadership review vote held at the NDP's August 2009 federal policy convention, 89.25% of delegates voted against holding a leadership convention to replace Layton.[105] In October 2009, Layton paired up with the Stephen Lewis Foundation to raise money for HIV/AIDS affected families in Africa. As part of the foundation's A Dare to Remember campaign, Layton busked on a busy street corner.[106]

Layton and Rathika Sitsabaiesan with other NDP members observing Hindu religious rituals at Town Hall before attending a meeting organised by the Canadian Tamil Community in 2010

Layton's son, Mike was elected to Toronto City Council in the 2010 city council election.[107]

In early 2011, Layton was featured in an episode of CBC Television's Make the Politician Work.[108]

The Conservative government was defeated in a no-confidence vote on March 25, 2011, with the motion gaining full support of all opposition parties including the New Democrats, after the government was found in contempt of parliament.[109] This was the first occurrence in Commonwealth history of a government in the Westminster parliamentary tradition losing the confidence of the House of Commons on the grounds of contempt of parliament. The no-confidence motion was carried with a vote of 156 in favour of the motion, and 145 against,[110] thus resulting in the prime minister advising a dissolution of parliament and a federal election.

The day after the successful passing of the motion, Layton started the NDP election campaign, first with a speech in Ottawa followed later in the day by an event in Edmonton, Alberta.[111] Questions about Layton's health due to a recent hip surgery were often directed to him during the campaign, with Layton insisting that he was healthy enough to lead.[112][113] On March 29, 2011, the New Democrats presented their first real campaign promise, a proposal to cap credit card rates in order to reduce credit card debt.[114]

Layton with his chief of staff, Anne McGrath, campaigning in Quebec City

Unlike the previous election, Layton stated he was in favour of Green Party leader Elizabeth May speaking at the leaders debates, despite the fact that she was once again being discouraged by the Canadian media networks.[115] The NDP also embarked upon the largest advertising campaign in its history, focusing on the Harper government's health care record.[116] He also dedicated the federal election campaign to former Saskatchewan Premier Allan Blakeney, who died about halfway through the campaign.[117]

Despite entering the campaign with relatively low poll numbers,[118][119] the NDP recovered and increased their support significantly after Layton's performance in the leaders debates.[120][121] In the English-language debate, Layton criticized Michael Ignatieff's poor attendance record in the House of Commons, saying "You know, most Canadians, if they don't show up for work, they don't get a promotion!", to which Ignatieff was unable to respond effectively.[122][123][124] The Globe and Mail described Layton's attack as a "knock-out punch" while the Toronto Star stated it was the "pivot in the debate [that] was a turning point in the federal campaign". Layton's New Democrats successfully capitalized on Ignatieff's attendance record in the Toronto area.[125][126][127]

On February 4, 2011, Layton attended a rally against Usage Based Billing in Toronto with MPs Dan McTeague, Olivia Chow, Peggy Nash and others.[128][129][130] His attendance at this rally was accompanied by several press releases by the NDP denouncing metered internet usage in Canada.[131][132]

The NDP surge began in Quebec, with the NDP surprising many observers by surpassing the previously front-running Bloc in Quebec.[133] In Canada overall, the NDP surged past the Liberals to take the second place behind the Conservatives; in Quebec, the NDP took first place.[134][135] The NDP surge became the dominant narrative of the last week of the campaign, as other parties turned their attacks on the party and Layton.[136]

Layton in Quebec during the federal electoral campaign

On April 29, 2011, a retired police officer told the Sun News Network and the Toronto Sun newspaper that in 1996, Layton had been found in a massage parlour when police, looking for underage Asian sex workers, raided the establishment. The police informed Layton of the potentially questionable use of the business and recommended that he avoid it in the future. No charges were filed.[137][138][139] The Sun later ran a follow-up piece, in which Toronto city councillor Giorgio Mammoliti criticized Layton.[140] Layton has said there was no wrongdoing in the matter, saying that he simply "went for a massage at a community clinic" and did not return after the police advised him not to.[141] He also referred to the release of the police report as a smear campaign against him.[142][143][144][145] Bloc Québécois leader Gilles Duceppe also dismissed the claim.[146] A columnist for the National Post suggested that it was a Liberal insider that leaked the story, although a Liberal Party spokesman denied that they had anything to do with it.[147]

A subsequent Toronto Star column stated that most contributors to online discussions agreed there was a smear campaign against Layton.[148] As for political damage from this story, that same day's update of the Nanos Leadership Index, which assesses public opinion on the Canadian federal leaders' trustworthiness, competence and vision for Canada, Layton rose from 80% to 97%, surpassing Harper at 88% and Ignatieff at 39%. The polling company speculated this improvement is due to strong sympathy by the public for a political candidate they judged as being unfairly maligned.[149] The Toronto police launched an investigation into how official police notes were leaked to Sun Media. Police notebooks are closely guarded and may contain unfounded and unproven allegations.[145] On May 5, 2011, it was announced that no charges would be laid with regards to the leaked information.[150]

Layton appeared on the Radio-Canada talk show Tout le monde en parle on April 3, an appearance that was credited for improving his party's standing among Francophone voters due to his informal Québécois French.[151] The show is the most popular program in Quebec.[152] He was also perceived to have performed well in the televised French-language party leaders' debate on April 13.

In the May 2, 2011, election, Layton led the NDP to 103 seats, more than double its previous high. This was also enough to make the NDP the Official Opposition in the House of Commons for the first time ever. The NDP gains were partly due to a major surge in Quebec as the party won 59 of the province's 75 seats, dominating Montreal and sweeping Quebec City and the Outaouais, although the NDP also won more seats than any other opposition party in the rest of Canada. The NDP had gone into the election with only one seat in Quebec, that of Thomas Mulcair, and had won but a single seat in the province historically (Phil Edmonston in a 1990 by-election). Many of these gains came at the expense of the Bloc, which was reduced to a four-seat rump without official party status in Parliament.