Press Releases

THE CHIEF ELECTORAL OFFICER OF CANADA
ANNOUNCES THE APPLICATION OF THE SUPREME COURT DECISION
ON THE VOTING RIGHTS OF INCARCERATED ELECTORS

(OTTAWA, Thursday, October 31, 2002) — On October 31, 2002, the Supreme Court of Canada rendered its decision in Sauvé v. Canada (Chief Electoral Officer). In that judgment, the court held that the former s. 51(e), now s. 4(c), of the Canada Elections Act that prevents inmates who are serving sentences of two or more years from voting is in breach of s. 3 of the Charter of Rights and Freedoms, and cannot be justified under s. 1 of that document.

As a result, s. 4(c) of the Canada Elections Act, which prevents those serving two or more years in prison from voting, is of no force or effect. All incarcerated electors may now vote in federal elections, by-elections and referendums regardless of the length of the term they are serving.

The Chief Electoral Officer of Canada, Jean-Pierre Kingsley took no active part in the litigation.

The Chief Electoral Officer of Canada stated that the Special Voting Rules for incarcerated electors will be applied forthwith by Elections Canada.

As set out in sections 244 to 262 of the Canada Elections Act, incarcerated electors who wish to vote in a federal election, by-election or referendum must register by filling out an Application for Registration and Special Ballot, which will be available through the auspices of the correctional institute where they are incarcerated.

Elections Canada is the non-partisan agency responsible for the conduct of federal elections and referendums.

Contact: Elections Canada Media Relations at 1-800-267-7360 or 613-993-2224.