POLSCI 3NN6 Lecture Notes - Referendums In Australia, Electoral Fraud, Charlottetown Accord

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Started on: 3/24/14 10:14 PM
Angie © McMaster University
Winter 2014
McMaster University, Winter 2014
MONDAY, MARCH 24, 2014
1. Section 3 - Democratic Rights
2. Who can claim benefit?
a. You have to be a Canadian Citizen to vote and run for office for parliament and
legislative assembly.
b. There is a guarantee of the right to do something
c. These one as citizens allows you to do something in this context.
3. Limitations of section 3
a. Section 33
- The notwithstanding clause does not apply on the right to vote
- The gov’t cannot knowingly infringe or restrict your right
b. Section 1
- If the gov’t can in fact justify the rights to vote or run for office as being
reasonably justifiable in a free and democratic society, they CAN limit your
1. Should someone that is incarcerated have the right to vote?
2. If you’ve been convicted of an electoral fraud, you are not allowed to
vote or run for office.
- The government will have to really demonstrate the infringement on someone
running for office
c. Section 3 - “To vote in an election of members”
- Does the right to vote in an election of members limit the extent on the right
under section 3?
- There is a limitation
- Mr. Haig moved from Ontario to Quebec in 1992
- Not for any particular reason, but that he wanted to live in
Montreal, and it was the exact same time that the Charlottetown
accord ratification. There was a referendum in the province of
Quebec that was run from the Quebec gov’t and run in electoral
laws. It would subject any future constitutional agreements to the
populations of the province of Quebec.
- The Mulroney gov’t decided that the rest of the country should
also have an opportunity to vote on it.
- Problem for Mr. Haig - because he lived in Quebec, he had to
vote in Quebec elections and did not qualify because he had not
resided in Quebec for a period of 6 months and did not qualify
for the federal referendum because he did not live in a place
where the federal referendum was taking place.
- Appeal
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