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The Court overturned the prior decision of the Federal Court of Appeal and held that section 51(e) of the old Canada Elections Act, which prohibited prisoners serving a sentence of over two years from voting, was unconstitutional. Section 51(e) had been repealed before the date of the Court's judgment, but the decision applied equally to ...
In 1988, section 3 had been used to grant suffrage to federal judges and those in mental institutions. A more controversial example is Sauvé v. Canada (2002), [2] in which it was found that prisoners could vote. They did so in the 2004 federal election, despite public opposition from Conservative leader Stephen Harper. [3] In the 2002 case ...
In September Haig brought an application against the Queen and the Chief Electoral Officer for a declaration under section 3 of the Elections Act on the basis that his ineligibility was in violation of sections 2(b), 3, 6, and 15(1) of the Charter. The Federal Court rejected the Charter claim which was upheld by the Federal Court of Appeal.
Section 4 came before the Alberta Court of Queen's Bench in 1994, in the case Atkins et al. v. City of Calgary. [3] In Alberta, when municipal elections are held, work on proposed laws and agendas can be continued when the new municipal council meets. This is unusual, as at the federal and provincial level such legislation would expire and ...
The legal processes in the Trump insurrection cases in Maine and Colorado are ordinary; only the subject matter makes them momentous.
Figueroa v Canada (AG), [2003] 1 S.C.R. 912 is a leading Supreme Court of Canada decision on the right to participate in a federal election under section 3 of the Canadian Charter of Rights and Freedoms. The Court struck down a provision requiring a political party to nominate 50 candidates before receiving certain benefits.
Maine's secretary of state is appealing a judge's ruling that put on hold her decision to remove former President Donald Trump from the ballot until the U.S. Supreme Court rules on a similar case ...
Thomson Newspapers Co v Canada (AG), [1998] 1 S.C.R. 877, is a leading Supreme Court of Canada decision on the right to freedom of expression in which the Supreme Court struck down a law that prohibited the publication, broadcast, or dissemination of opinion surveys within the last three days of a federal election campaign, as it violated section 2(b) of the Canadian Charter of Rights and ...