Secondary menu

Application of division 5 of the special voting rules as adapted for the purposes of a by-election to incarcerated electors serving a sentence of two years or more

ADAPTATION BY INSTRUCTION
PURSUANT TO SECTION 179 OF THE SPECIAL VOTING RULES AS
ADAPTED FOR THE PURPOSES OF A BY-ELECTION

APPLICATION OF DIVISION 5 OF THE SPECIAL VOTING RULES AS
ADAPTED FOR THE PURPOSES OF A BY-ELECTION 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 the Special Voting Rules as Adapted for the Purposes of a By-election set out special voting rules only for incarcerated electors serving a sentence of less than two years;

THEREFORE, pursuant to section 179 of the Special Voting Rules as Adapted for the Purposes of a By-election, the Chief Electoral Officer adapts section 246 of these Special Voting Rules 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.


October 6, 2009




Marc Mayrand
Chief Electoral Officer of Canada