POLS 3140 Lecture Notes - Lecture 11: Freedom Of Movement, Positio, Canada Elections Act

• School: University of Guelph
• Department: Political Science
• Course: POLS 3140
• Professor: Dave Snow

Document Summary

Lecture 11 democratic rights: sauv and harper. Sauve, a convicted murderer, challenges blanket prisoner voting disqualification. Law changed soon before case arrives at scc: disqualification of those imprisoned for 2+ years. Scc strikes down blanket disqualification in 1993 but does not address new law. Sauve launches new challenge, leading to 2002 decision. Every (cid:272)itize(cid:374) of ca(cid:374)ada has the right to (cid:448)ote . The attorney general of canada has properly conceded that s. 51(e) of the canada elections act, r. s. c. , 1985, c. e-2, contravenes s. 3 of the canadian charter of rights and freedoms but submits that s. 51(e) is saved under s. 1 of the charter. In our view, s. 51(e) is drawn too broadly and fails to meet the proportionality test, particularly the minimal impairment component of the test, as expressed in the s. 1 jurisprudence of the. The judgement of cj mclachlin, lacobucci, binnie, arbour, and lebel delivered by cj mclachlin: majority.