Facts
What year was this case held in the Supreme Court of Canada?
What is 2002?
What Act was challenged?
What is the Canada Elections Act?
True or False: The SCC did not find a causal link between s.15 of the Charter and persons with a criminal record
True.
When applying the Oakes Test, do all of the steps need to be satisfied?
No.
What did the inmates fight for in this case?
What is appealing disenfranchisement of prisoners right to vote.
What Charter right was heavily challenged?
What is Section 3: “Every citizen of Canada has the right to vote in an election of members of the House of Commons or of a legislative assembly and to be qualified for membership therein?”
What was the government's objectives behind the Canada Elections Act?
What is 1) to enhance civic responsibility and respect for the rule of law; and (2) to provide additional punishment?
True or False: The SCC found that s.51(e) of the CEA is unconstitutional?
Yes. s.51(e) was struck down from the Act.
Prior to 2002, was an inmate servicing a sentence of less than 2 years allowed to vote?
Yes
What legal test was applied?
What is the Oakes Test?
Which part of the Oakes Test did not require an analysis?
What is Proportionate Effect?
BONUS: If an inmate is incarcerated and wishes to vote, which riding would they vote in?
What is his or her residence prior to incarceration?