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

002 002, 0O2, O02, OO2, or 002 may refer to: Airports *0O2, Baker Airport *O02, Nervino Airport Astronomy *1996 OO2, the minor planet 7499 L'Aquila *1990 OO2, the asteroid 9175 Graun Fiction *002, fictional British 00 Agent *''002 Operazione Luna'' ...

3 SCR 519 is a leading

Supreme Court of Canada The Supreme Court of Canada (SCC; , ) is the highest court in the judicial system of Canada. It comprises nine justices, whose decisions are the ultimate application of Canadian law, and grants permission to between 40 and 75 litigants eac ...

decision where the Court held that

prison A prison, also known as a jail, gaol, penitentiary, detention center, correction center, correctional facility, or remand center, is a facility where Prisoner, people are Imprisonment, imprisoned under the authority of the State (polity), state ...

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

Canadian Charter of Rights and Freedoms The ''Canadian Charter of Rights and Freedoms'' (), often simply referred to as the ''Charter'' in Canada, is a bill of rights entrenched in the Constitution of Canada, forming the first part of the '' Constitution Act, 1982''. The ''Char ...

''. The Court overturned the prior decision of the

Federal Court of Appeal The Federal Court of Appeal () 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 "additional Courts for the better Admi ...

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

Canada Elections Act The ''Canada Elections Act'' () is an Act of the Parliament of Canada which regulates the election of members of parliament to the House of Commons of Canada. The Act has been amended many times over Canada's history. The ''Canada Election ...

'', 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 Section 51(e) had been repealed before the date of the Court's judgment, but the decision applied equally to section 4(c) of the new statute, which was substantially the same.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 () is the non-partisan agency responsible for administering elections in Canada, Canadian federal elections and Referendums in Canada, referendums. History Elections Canada is an agency of the Parliament of Canada, and reports ...

. 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'' () was enacted as Bill C-76 by the 42nd Canadian Parliament, 42nd Parliament of Canada under Premiership of Justin Trudeau, the government of Justin Trudeau as a response to the Fair Elections Act. The bill re ...

''.

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