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Sauve v. Canada (Attorney General)

1993 Voting rights for prisoners

Who was involved

Why it affected them

The main people this case affected were the prisoners in Canada's jails. The supreme court was involved in this case as well.

It took away their right to vote for who they wanted.

Charter right or freedom argued

What is section 3?

The supreme court of Canada argued that the Canada Elections Act,which prohibited prisoners from voting, violated section 3 of the Canadian Charter of Rights and Freedoms

Section 3 of The Canadian Charter of Rights and Freedoms Constitutionally Guarantees all canadian citizens the Democratic right to vote in a general federal or provincial election.

The issues before the court

Who challenged it?

Canada Elections Act denied inmates from voting

in 1988 a prisoner serving a life sentence for first degree murder challenged the Elections act saying it violated the Charter of right and Freedoms.

Ruling of the court

Their Reasoning

the Supreme court of Canada decided that prisoners have the right to vote under section 3 of the Canadian Charter of Rights and Freedoms.

The court overturned the previous decision of The Federal Court of Appeal and held that's 51(e) of the old Canada Elections Act, which denied inmates from their right to vote, was unconstitutional.

Why is this important?

Resources

Now prisoners and inmates have the ability to vote for who they want.

http://en.wikipedia.org/wiki/Sauv%C3%A9_v._Canada_(Chief_Electoral_Officer)

http://www.law.ualberta.ca/centres/ccs/rulings/Sauv%C3%A9_v_Canada-2002.php

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