Everything about Sauv V Canada Chief Electoral Officer totally explained
Sauvé v. Canada (Attorney General), [2002] 3 S.C.R. 519 is a leading
Supreme Court of Canada decision where the Court held that
prisoners have a right to vote under
section 3 of the
Canadian Charter of Rights and Freedoms. The Court overturned the prior decision of the
Federal Court of Appeal and held that s. 51(e) of the old
Canada Elections Act, which prohibited prisoners from voting, was unconstitutional. Section 51(e) had been repealed before the date of the Court's judgment, but the decision applied equally to substantially the same provision found in s. 4(c) of the new Act. The Court decided that the provision violated section 3 of the
Charter and couldn't be saved under
section 1.
As a result of the decision, all adult citizens in Canada are now able to vote, save the top two officials of
Elections Canada. As Parliament hasn't amended the
Canada Elections Act to reflect the Court's decision, the provision is still part of the Act,, even though it's of no force or effect.
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