A note from Canada
(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.
Elections Canada
