''Sauvé v Canada (Chief Electoral Officer)'',

002 002, 0O2, O02, OO2, or 002 may refer to: Fiction *002, fictional British 00 Agent *''002 Operazione Luna'', *1965 Italian film *Zero Two, a ''Darling in the Franxx'' character Airports *0O2, Baker Airport *O02, Nervino Airport Astronomy *1996 ...

3 SCR 519 is a leading

Supreme Court of Canada The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court in the Court system of Canada, judicial system of Canada. It comprises List of Justices of the Supreme Court of Canada, nine justices, wh ...

decision where the Court held that

prison A prison, also known as a jail, gaol (dated, standard English, Australian, and historically in Canada), penitentiary (American English and Canadian English), detention center (or detention centre outside the US), correction center, correc ...

ers have a right to vote under section 3 of the ''

Canadian Charter of Rights and Freedoms The ''Canadian Charter of Rights and Freedoms'' (french: Charte canadienne des droits et libertés), often simply referred to as the ''Charter'' in Canada, is a bill of rights entrenched in the Constitution of Canada, forming the first part o ...

''. The Court overturned the prior decision of the

Federal Court of Appeal The Federal Court of Appeal (french: Cour d'appel fédérale) is a Canadian appellate court that hears cases concerning federal matters. History Section 101 of the Constitution Act, 1867 empowers the Parliament of Canada to establish "addit ...

and held that section 51(e) of the old ''

Canada Elections Act The ''Canada Elections Act'' (french: Loi électorale du Canada; full title: ''An Act respecting the election of members to the House of Commons, repealing other Acts relating to elections and making consequential amendments to other Acts'', full ...

'', 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 Section 51(e) had been repealed before the date of the Court's judgment, but the decision applied equally to section 4(c) of the new statute, which was substantially the same. The Court ruled that the provision violated section 3 of the ''Charter'' and was not a reasonable limit under section 1. As a result of the decision, all adult citizens living in Canada are now able to vote, save the top two officials of

Elections Canada Elections Canada (french: Élections Canada)The agency operates and brands itself as Elections Canada, its legal title is Office of the Chief Electoral Officer (). is the non-partisan agency responsible for administering Canadian federal electio ...

. Relevant sections of the ''Canada Elections Act'' was amended in 2018Canada Elections Act, 2000, c. 9, Section 4 (c), Archive

Accessed 27 December 2019. as part of the ''

Elections Modernization Act The Elections Modernization Act (officially An Act to amend the Canada Elections Act and other Acts and to make certain consequential amendments) was enacted as Bill C-76 by the 42nd Parliament of Canada under the government of Justin Trudeau as a ...

''.

References

External links

*
Federal Court decision

Canadian Charter of Rights and Freedoms case law Supreme Court of Canada cases 2002 in Canadian case law Right of prisoners to vote Canadian federal government litigation {{canada-law-stub

See also

References

External links