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Difference between revisions of "The Right to Vote (5:VII)"
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{{REVIEWED LSLAP | date= | {{REVIEWED LSLAP | date= June 30, 2021}} | ||
{{LSLAP Manual TOC|expanded = complaints}} | {{LSLAP Manual TOC|expanded = complaints}} | ||
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The right to participate in the selection of their elected representatives is a basic right enjoyed by the citizens of any democracy. While this has always been recognized to some extent in Canada, in 1982 the right to vote was entrenched in the constitution by section 3 of the ''Canadian Charter of Rights and Freedoms''. Under section 3, “[e]very 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”. | The right to participate in the selection of their elected representatives is a basic right enjoyed by the citizens of any democracy. While this has always been recognized to some extent in Canada, in 1982 the right to vote was entrenched in the constitution by section 3 of the ''Canadian Charter of Rights and Freedoms''. Under section 3, “[e]very 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”. | ||
While this right is qualified by section 1 of the Charter, it is not subject to the overriding power provision (the “notwithstanding clause”) of section 33. As a result, any government wishing to place restrictions on the right to vote must do so in a manner that is reasonable and demonstrably justified in a free and democratic society. | While this right is qualified by section 1 of the Charter, it is not subject to the overriding power provision (the “notwithstanding clause”) of section 33. As a result, any government wishing to place restrictions on the right to vote must do so in a manner that is reasonable and demonstrably justified in a free and democratic society under section 1. | ||
In this chapter, the discussion of voting rights will focus primarily on the requirements a person must meet to be eligible to vote in provincial, federal, | In this chapter, the discussion of voting rights will focus primarily on the requirements a person must meet to be eligible to vote in provincial, federal, | ||
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| address = P.O. Box 9275 Stn Provincial Government <br /> Victoria, BC V8W 9J6 | | address = P.O. Box 9275 Stn Provincial Government <br /> Victoria, BC V8W 9J6 | ||
| phone = Toll-free: 1-800-661-8683 <br /> | | phone = Toll-free: 1-800-661-8683 <br /> | ||
| online = [http://www.elections.bc.ca Website] | | online = [http://www.elections.bc.ca Website] <br /> Email: electionsbc@elections.ba.ca | ||
}} | }} | ||
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Section 29 of the ''Election Act'' sets out who is eligible to vote in provincial elections. It states that in order to be eligible to vote in an electoral district, an individual must be a Canadian citizen over the age of 18, must be a registered resident of the electoral district, must have been a resident of British Columbia for at least six months, and must not be otherwise disqualified. | Section 29 of the ''Election Act'' sets out who is eligible to vote in provincial elections. It states that in order to be eligible to vote in an electoral district, an individual must be a Canadian citizen over the age of 18, must be a registered resident of the electoral district, must have been a resident of British Columbia for at least six months, and must not be otherwise disqualified. | ||
Although the requirement for individuals to be resident in British Columbia for six months seems to constitute a violation of section 3 of the Charter, case law has held similar provisions to be constitutional. In ''Re Yukon Election Residency Requirements'', [1986] 2 BCCR (2d) 50 (CA), BC’s Court of Appeal sitting as the Yukon’s Court of Appeal upheld a 12-month residency requirement imposed by the territorial government. The court found that this was a reasonable limit that was justified because of the desirability of having only persons familiar with local conditions voting for local representatives. | Although the requirement for individuals to be resident in British Columbia for six months seems to constitute a violation of section 3 of the Charter, case law has held similar provisions to be constitutional. In ''[https://www.canlii.org/en/yk/ykca/doc/1986/1986canlii3944/1986canlii3944.html?autocompleteStr=Re%20Yukon&autocompletePos=4 Re Yukon Election Residency Requirements]'', [1986] 2 BCCR (2d) 50 (CA), BC’s Court of Appeal sitting as the Yukon’s Court of Appeal upheld a 12-month residency requirement imposed by the territorial government. The court found that this was a reasonable limit that was justified because of the desirability of having only persons familiar with local conditions voting for local representatives. | ||
Section 30 disqualifies the following individuals from voting: the chief electoral officer, the deputy chief electoral officer, and anyone prohibited from voting under Part 12 of the ''Election Act''. | Section 30 disqualifies the following individuals from voting: the chief electoral officer, the deputy chief electoral officer, and anyone prohibited from voting under Part 12 of the ''Election Act''. | ||
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Upon receiving an application and being satisfied that the application is valid and correct, the District Registrar will add the applicant’s name to the voters’ list. That person is then eligible to vote in the next provincial election. | Upon receiving an application and being satisfied that the application is valid and correct, the District Registrar will add the applicant’s name to the voters’ list. That person is then eligible to vote in the next provincial election. | ||
An eligible voter may also register at a voting place on the day of the election. Amendments to the ''Election Act'' enacted in 2008 require that the applicant produce identification in the form of either: | An eligible voter may also register at a voting place on the day of the election. Amendments to the ''Election Act'' enacted in 2008 require that the applicant produce identification in the form of either (s 41(3)): | ||
* one document, issued by the Government of British Columbia or Canada, that contains the applicant’s name, photograph, and place of residence; | * one document, issued by the Government of British Columbia or Canada, that contains the applicant’s name, photograph, and place of residence; | ||
* one document, issued by the Government of Canada, that certifies that the applicant is registered as an Indian under the ''Indian Act'' (Canada);or | * one document, issued by the Government of Canada, that certifies that the applicant is registered as an Indian under the ''Indian Act'' (Canada);or | ||
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Upon arrival at the polling station, the voter must sign his or her name in a voting book (s 274), and confirm present address. Refusing to comply with this demand will disqualify the voter. Upon receiving a ballot, the voter proceeds to a screened compartment, marks the ballot and returns the ballot to the Returning Officer, who, in full view of the voter, must place the ballot in the ballot box. The voting must be by a secret ballot as per section 90. Each individual present at a voting place, including people such as voters and ballot counters, must not interfere with an individual marking a ballot, attempt to discover how an individual voted, or communicate information regarding how another person voted or marked their ballot. The voter is then required to leave the premises. | Upon arrival at the polling station, the voter must sign his or her name in a voting book (s 274), and confirm present address. Refusing to comply with this demand will disqualify the voter. Upon receiving a ballot, the voter proceeds to a screened compartment, marks the ballot and returns the ballot to the Returning Officer, who, in full view of the voter, must place the ballot in the ballot box. The voting must be by a secret ballot as per section 90. Each individual present at a voting place, including people such as voters and ballot counters, must not interfere with an individual marking a ballot, attempt to discover how an individual voted, or communicate information regarding how another person voted or marked their ballot. The voter is then required to leave the premises. | ||
=== 4. Complaints about Elections BC === | |||
If you have a complaint about contraventions of the ''Election Act'', RSBC 1996, c 106, ''Local Elections Campaign Financing Act'', SBC 2014, c 18, or the ''Recall and Initiative Act'', RCBC 1996, c 398, you may make a complaint in writing by: | |||
Mail: | |||
PO Box 9275 Stn Prov Govt | |||
Victoria BC, V8W 9J6 | |||
or | |||
Email: investigations@elections.bc.ca | |||
Please see the Elections BC website here for information to include in your complaint: [https://elections.bc.ca/resources/investigations/how-to-make-a-complaint/ https://elections.bc.ca/resources/investigations/how-to-make-a-complaint/]. | |||
== C. Federal Elections == | == C. Federal Elections == | ||
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Canadian citizens who are 18 years of age or older on election day are generally eligible to vote in federal elections (s 3). | Canadian citizens who are 18 years of age or older on election day are generally eligible to vote in federal elections (s 3). | ||
While federal residency requirements do exist, they are more relaxed than those applicable to BC provincial elections. A person may vote only once, in the area in which they are “ordinarily resident” (s 8(1)). This is defined in much the same way as “resident” is defined in section 32 of BC’s ''Election Act''. A person who moves between the enumerator’s visit and the day of the election could be forced to vote in the former riding if ordinarily resident there when the enumeration occurred. | |||
All voters must present one piece of government-issued ID with a photograph and residential address before being allowed to vote (s 143(2)(a)). If a voter cannot provide the required photo ID, they may still be allowed to vote if they do one of two things (s 143(2)(b) and s 143(3)): | |||
All voters must present one piece of government-issued ID with a photograph and residential address before being allowed to vote. If a voter cannot provide the required photo ID, they may still be allowed to vote if they do one of two things (s 143): | |||
#provides two pieces of acceptable identification to establish the voter's identity, at least one of which establishes the voter’s residence (a list of “acceptable identification” is to be published by the Chief Electoral Officer); or | #provides two pieces of acceptable identification to establish the voter's identity, at least one of which establishes the voter’s residence (a list of “acceptable identification” is to be published by the Chief Electoral Officer); or | ||
#provides two pieces of identification that establishes the voter's name, and then establishes their residence by swearing an oath in writing that attests to where they live. The voter must also be accompanied by an individual who is '''registered to vote in the same polling division''', has '''proper identification''', and vouches for the person without ID under oath and in the prescribed form. An individual can only vouch for one person at an election, and an individual who has been vouched for cannot vouch for someone else. | #provides two pieces of identification that establishes the voter's name, and then establishes their residence by swearing an oath in writing that attests to where they live. The voter must also be accompanied by an individual who is '''registered to vote in the same polling division''', has '''proper identification''', and vouches for the person without ID under oath and in the prescribed form. An individual can only vouch for one person at an election, and an individual who has been vouched for cannot vouch for someone else. | ||
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The constitutionality of these requirements was challenged in the British Columbia Supreme Court and the BC Court of Appeal in ''[https://www.canlii.org/en/bc/bcca/doc/2014/2014bcca30/2014bcca30.html?autocompleteStr=Henry%20v%20Canada%20(Attorney%20General)%2C%202014%20BCCA%2030&autocompletePos=1 Henry v Canada (Attorney General)]'', 2014 BCCA 30. In that case, the court found that the legislation was inconsistent with the electoral rights guaranteed in section 3 of the ''Charter'', but constituted a reasonable limit prescribed by law and was demonstrably justifiable in a free and democratic society under section 1 of the ''Charter''. In Ontario, the Council of Canadians and the Canadian Federation of Students have challenged this legislation in the Ontario Superior Court on the grounds that it violates section 3 of the ''Charter''. | The constitutionality of these requirements was challenged in the British Columbia Supreme Court and the BC Court of Appeal in ''[https://www.canlii.org/en/bc/bcca/doc/2014/2014bcca30/2014bcca30.html?autocompleteStr=Henry%20v%20Canada%20(Attorney%20General)%2C%202014%20BCCA%2030&autocompletePos=1 Henry v Canada (Attorney General)]'', 2014 BCCA 30. In that case, the court found that the legislation was inconsistent with the electoral rights guaranteed in section 3 of the ''Charter'', but constituted a reasonable limit prescribed by law and was demonstrably justifiable in a free and democratic society under section 1 of the ''Charter''. In Ontario, the Council of Canadians and the Canadian Federation of Students have challenged this legislation in the Ontario Superior Court on the grounds that it violates section 3 of the ''Charter''. | ||
Many other provisions of the ''Canada Elections Act'', such as an employee being entitled to receive time off work to cast a ballot, provisions for people with disabilities, and balloting procedures are very similar to BC provincial regulations and thus are not repeated here. Further inquiries can be sent to | Many other provisions of the ''Canada Elections Act'', such as an employee being entitled to receive time off work to cast a ballot, provisions for people with disabilities, and balloting procedures are very similar to BC provincial regulations and thus are not repeated here. Further inquiries and/or complaints can be sent to Stéphane Perrault, the current Chief Electoral Officer, at: | ||
'''Elections Canada''' | '''Elections Canada''' | ||
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| online = [http://www.elections.ca Website] | | online = [http://www.elections.ca Website] | ||
}} | }} | ||
Please see the following link for more information on making complaints about federal elections: [https://www.elections.ca/content.aspx?section=vot&dir=faq&document=faqgen&lang=e#gen3 https://www.elections.ca/content.aspx?section=vot&dir=faq&document=faqgen&lang=e#gen3]. | |||
'''Note:''' Major changes to the ''Canada Election Act'' in June 2014 included provisions intended to increase penalties for offences, reduce voter fraud, and empower political parties to drive voter turnout. Specific changes include removing vouching in favour of an oath system where a voter has identification but cannot prove current residence; moving investigations from Elections Canada to the Director of Public Prosecutions; limiting the powers of Elections Canada; increasing donation limits; adding constraints on robocalls; and some changes to third-party advertising. | '''Note:''' Major changes to the ''Canada Election Act'' in June 2014 included provisions intended to increase penalties for offences, reduce voter fraud, and empower political parties to drive voter turnout. Specific changes include removing vouching in favour of an oath system where a voter has identification but cannot prove current residence; moving investigations from Elections Canada to the Director of Public Prosecutions; limiting the powers of Elections Canada; increasing donation limits; adding constraints on robocalls; and some changes to third-party advertising. | ||
