• Filter by:

  • Categories:

Articles | Russell Green | August 6, 2019
Jewish Holidays, Federal Elections, and Court Decisions! Oh My!

Category: The Charter, Fundamental Freedoms (Section 2), Democratic Rights (Sections 3-5)

Chani Aryeh-Bain, Conservative Party candidate in the upcoming federal election in the Toronto riding of Eglinton-Lawrence, and Ira Walfish, political activist, both adhere to an Orthodox Jewish faith and strictly follow religious holidays.[1] The date of the upcoming federal election,

Articles | Judy Feng | July 18, 2012
Ted Opitz, et al. v. Borys Wrzesnewskyj, et al.: the Battle Over Etobicoke Centre Election Results

Category: The Charter, Democratic Rights (Sections 3-5)

On July 10, 2012, the Supreme Court of Canada took a rare break from its summer recess to hear the Etobicoke case, a case which centered on a dispute in Etobicoke, Ontario over contested federal election results. The case was

Articles | Brent Thompson | June 11, 2011
The “Khadr Resolution” & the Conservative Party convention, 2011

Category: The Charter, Democratic Rights (Sections 3-5), Mobility Rights (Section 6), Legal Rights (Sections 7-14), Minority Language Education Rights (Section 23)

During the lead-up to the 2011 Conservative Party convention in Ottawa, media attention turned to a proposal termed by some as the “Khadr Resolution”.[1] The resolution was inspired by the case of Omar Khadr, a young Canadian citizen who fought alongside

Articles | Jim Young | July 29, 2010
The Right to Vote

Category: The Charter, Democratic Rights (Sections 3-5)

Until 1982, there was no constitutionally protected right to vote in Canada. Instead, the right to vote was provided by ordinary legislation which, at times, excluded parts of the population. What began as a right conferred only on white male

Articles | Jim Young | June 29, 2010
Harvey v. New Brunswick (1996) – The Right to be Qualified for Membership in the House of Commons or a Legislative Assembly

Category: The Charter, Democratic Rights (Sections 3-5)

New Brunswick’s Legislative Assembly Act provides that a member of the province’s Legislative Assembly (MLA) who is found guilty of “any offence that is a corrupt or illegal practice” will be forced to vacate his or her seat and will be disqualified

Articles | Jim Young | June 25, 2010
Figueroa v. Canada (2003) – The Right to Vote and Registered Party Status

Category: The Charter, Democratic Rights (Sections 3-5)

Prior to the Supreme Court of Canada’s 2003 decision in Figueroa v. Canada,[1] the Canada Elections Act required a registered federal political party to nominate candidates in at least fifty electoral districts. A party that nominated fewer than fifty candidates for a federal election

Articles | Jim Young | June 14, 2010
Reference re Provincial Electoral Boundaries (1991) – Electoral District Boundaries and the Right to Vote

Category: The Charter, Democratic Rights (Sections 3-5)

Section 3 of the Canadian Charter of Rights and Freedoms guarantees the right of citizens to vote in federal and provincial elections. Canadian courts have interpreted this right – along with all other Charter rights – in a “broad and purposive” way.[1] This means that the

Articles | Jim Young | May 26, 2010
Sauvé v. Canada (1993) – Voting Rights for Prisoners

Category: The Charter, Democratic Rights (Sections 3-5)

This article was written by a law student for the general public.   In 1988, a prisoner serving a life sentence for first-degree murder challenged the constitutionality of the provision in the Canada Elections Act which denied prison inmates the right to

Articles | Jim Young | May 26, 2010
Sauvé v. Canada (2002) – Limits on Voting Rights for Prisoners

Category: The Charter, Democratic Rights (Sections 3-5)

This article was written by a law student for the general public.   In 1993, the Supreme Court of Canada affirmed the rulings of several lower courts and declared the provision in the Canada Elections Act which excluded prisoners from voting to

Articles | Ken Dickerson | September 17, 2009
Federal Court Rules on P.M. Harper’s Premature Election

Category: The Charter, Democratic Rights (Sections 3-5)

On September 17, 2009 – just nine days after it heard arguments in court – the Federal Court issued its decision in Conacher v. Canada (Prime Minister).[1] The outcome is a victory for Prime Minister Harper, a disappointment for Democracy Watch (the

Articles | Dan Shouldice & Ken Dickerso | July 3, 2009
Federal Court to Decide If P.M. Harper Won an Illegal Election

Category: The Charter, Democratic Rights (Sections 3-5)

The 2008 federal election caught many Canadians by surprise. One of them was Duff Conacher, coordinator of a “citizens advocacy” group called Democracy Watch. In the middle of the election campaign, Conacher began insisting that the election was illegal and contrary

Articles | Dan Shouldice | June 30, 2009
Voter ID Requirements Threaten Aboriginals’ Right to Vote

Category: The Charter, Democratic Rights (Sections 3-5), Equality Rights (Section 15), Aboriginal Rights

A report from the Standing Senate Committee on Aboriginal Peoples warns that recent changes to federal voting requirements have “adversely affected the ability of First Nations, Inuit and Métis electors to exercise their fundamental right to vote.”[1] Section 3 of the Charter guarantees: “Every

Articles | Mick Wall | April 10, 2008
Longley v. Canada: Thresholds, Public Funding of Political Parties, and the Charter

Category: The Charter, Democratic Rights (Sections 3-5)

Longley v. Canada (Attorney General) [Longley], the Ontario Court of Appeal (Ont. CA), recently ruled that provisions of Canada Elections Act [the CEA], which set minimum election performance thresholds before a political party can qualify for public funding, do not violate

Stay Up to Date

Sign up for our quarterly newsletter.

Privacy policy

Protection of Privacy Personal information provided is collected in accordance with Section 33(c) of the Alberta Freedom of Information and Protection of Privacy Act (the FOIP Act) and will be protected under Part 2 of that Act. It will be used for the purpose of managing CCS’ email subscription lists. Should you require further information about collection, use and disclosure of personal information, or to unsubscribe, please contactAdministrator, Centre for Constitutional Studies, 448D Law Centre, University of Alberta, Edmonton AB, T6G 2H5, Tel: 780-492-5681, Email: ccslaw@ualberta.ca. You may unsubscribe from our email lists at any time.