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Application of Division 5 of Part 11 of the Act to incarcerated electors serving a sentence of two years or more

ADAPTATION BY INSTRUCTION
PURSUANT TO SECTION 179 OF THE CANADA ELECTIONS ACT

APPLICATION OF DIVISION 5 OF PART 11 OF THE CANADA ELECTIONS ACT TO INCARCERATED ELECTORS SERVING A SENTENCE OF TWO YEARS OR MORE

WHEREAS paragraph 4(c) of the Canada Elections Act provides that persons who are imprisoned in a correctional institution serving a sentence of two years or more are ineligible to vote;

WHEREAS the effect of the Supreme Court of Canada decision in Sauvé v. Canada (Chief Electoral Officer), 2002 S.C.R 68 (issued October 31, 2002) is to render paragraph 4(c) of the Canada Elections Act of no force and effect;

AND WHEREAS sections 244 to 262 of Division 5 of Part 11 of the Canada Elections Act set out special voting rules only for incarcerated electors serving a sentence of less than two years;

THEREFORE, pursuant to section 179 of the Canada Elections Act, the Chief Electoral Officer adapts sections 246 and 247 of the Act as follows:

246. The federal and provincial ministers responsible for corrections shall each designate a person as a coordinating officer to work, during and between elections, with the Chief Electoral Officer to carry out the purposes and provisions of this Division.

247. (1) Without delay after the issue of the writs, the Chief Electoral Officer shall inform the federal and provincial ministers responsible for corrections of their issue and of the location of administrative centres.

(2)  On being informed of the issue of the writs, each federal and provincial minister responsible for corrections shall

  • (a) inform the coordinating officer for the relevant jurisdiction of the issue of the writs;
  • (b) designate one or more persons to act as liaison officers in connection with the taking of the votes of electors; and
  • (c) inform the Chief Electoral Officer and the coordinating officer for the relevant jurisdiction of the name and address of each liaison officer.

October 6, 2009

 

 

Marc Mayrand
Chief Electoral Officer of Canada