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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 Section 51(e) had been repealed before the date of the Court's judgment, but the decision applied equally to ...
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 ...
In Figueroa v Canada (AG) the court determined that Section 3 explicitly grants both the right to vote and the right to run for office to all Canadian citizens. In Szuchewycz v. Canada [9] the Court of Queen's Bench of Alberta found that the $1000 federal candidate deposit requirement violated Section 3 and could not be justified under Section ...
A select number of decisions from the courts of appeal have proven to be the leading case law in a number of fields and have subsequently been adopted across all provinces, or else they are famous decisions in their own right. Most frequently the decisions were never appealed or were denied leave to the Supreme Court of Canada. The notable ...
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.
A lower house (the House of Commons), the members of which are chosen by the citizens of Canada through federal general elections. Elections Canada is the non-partisan agency responsible for the conduct of elections in Canada, including federal elections, by-elections and referendums. It is headed by the chief electoral officer.
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The Federal Courts Act, and the concurrent Federal Courts Rules govern any application for judicial review in the federal courts. The source of this power can be found in s. 28 of the Federal Courts Act, which provides that the Federal Court of Appeal is the appropriate venue for judicial review of decisions by federal boards and tribunals. In ...