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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.
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 ...
A recall election (also called a recall referendum, recall petition or representative recall) is a procedure by which voters can remove an elected official from office through a referendum before that official's term of office has ended.
The court was created on July 2, 2003, by the Courts Administration Service Act [1] when it and the Federal Court of Appeal were split from their predecessor, the Federal Court of Canada (which had been created June 1, 1971, through the enactment of the Federal Court Act, subsequently renamed the Federal Courts Act). [2]
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 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 Section 51(e) had been repealed before the date of the Court's judgment, but the decision applied equally to ...
Oral arguments are scheduled in that case for February 8. Maine is the second state to remove Trump’s name from the ballot, after Colorado’s Supreme Court declared Trump ineligible for the ...
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 ...