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Difference between revisions of "The Right to Vote (5:VII)"
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LSLAP 2017 Clinician update: few legal changes, formatting
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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, he or she may still be allowed to vote if he or she does one of two things (s 143): | 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, he or she may still be allowed to vote if he or she does 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 | #provides two pieces of identification that establishes the voter's name, and then establishes his or her 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. | ||
These requirements pose significant challenges to low-income individuals who may have no form of official identification. Further difficulties are created by the rule that an individual may only vouch for one other individual and the requirement that the voucher | These requirements pose significant challenges to low-income individuals who may have no form of official identification. Further difficulties are created by the rule that an individual may only vouch for one other individual and the requirement that the voucher lives and is on the elector’s list in the same polling station as the intended vouchee. | ||
The provisions relating to vouching, as described above, were brought into force by the | The provisions relating to vouching, as described above, were brought into force by the Fair Elections Act on December 2014. Under the new provisions, voters who have identification but cannot prove residence will be allowed to sign an oath attesting to where they live, which must then be corroborated by the oath of another voter. However, this leaves voters who have no identification whatsoever with little recourse. This controversial measure could significantly inhibit the ability of low-income citizens and students to vote. | ||
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 | The constitutionality of these requirements was challenged in the British Columbia Supreme Court in ''Henry v Canada (Attorney General)'', 2010 BCSC 610. 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 the Ontario, the Council of Canadians and the Canadian Federation of Students have challenged this legislation in the Ontario Superior Court on the ground that it violates section 3 of the Charter. | ||
The provisions relating to vouching, as described above, were brought into force by the ''Fair Elections Act'' on December 2014. Under the new provisions, voters who have identification but cannot prove residence will be allowed to sign an oath attesting to where they live, which must then be corroborated by the oath of another voter. However, this leaves voters who have no identification whatsoever with little recourse. This controversial measure could significantly inhibit the ability of low-income citizens and students to vote. Consequently, in June 2014, the Council of Canadians and the Canadian Federation of Students announced their intention to challenge 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 Marc Mayrand, the current Chief Electoral Officer, at: | |||
'''Elections Canada''' | '''Elections Canada''' | ||
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'''Note:''' Canada's federal election laws were recently overhauled by the controversial ''Fair Elections Act'', which received royal assent in June 2014. Most provisions of the Fair Elections Act have come into force. | '''Note:''' Canada's federal election laws were recently overhauled by the controversial ''Fair Elections Act'', which received royal assent in June 2014. Most provisions of the Fair Elections Act have come into force. | ||
Major changes to the ''Canada Election Act'' | 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. | ||
== D. Municipal Elections == | == D. Municipal Elections == | ||
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To be eligible to vote, a person must normally be a Canadian citizen and 18 years of age or older on the day the election is held. A person thus qualified must be a Canadian citizen and a resident of BC for six months immediately before election day. Furthermore, to be qualified, the person must have been a resident of the jurisdiction (as per s 50) for at least 30 days immediately before election day. | To be eligible to vote, a person must normally be a Canadian citizen and 18 years of age or older on the day the election is held. A person thus qualified must be a Canadian citizen and a resident of BC for six months immediately before election day. Furthermore, to be qualified, the person must have been a resident of the jurisdiction (as per s 50) for at least 30 days immediately before election day. | ||
A person who qualifies as outlined above with the exception that he or she does not reside in the municipality may still vote in an election | A person who qualifies as outlined above with the exception that he or she does not reside in the municipality may still vote in an election if he or she is the owner or tenant of property in that municipality (s 51). The general residency rules are similar to those outlined in the ''BC Election Act''. | ||
Applications to register should be made to the clerk of the municipality. | Applications to register should be made to the clerk of the municipality. | ||
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Voters who are not yet registered on election day may apply to have their name added to the list on election day in a manner similar to that used in provincial elections (see ss 57-57.1). | Voters who are not yet registered on election day may apply to have their name added to the list on election day in a manner similar to that used in provincial elections (see ss 57-57.1). | ||
A person who is unable to produce identification can be registered as a voter. In order to do so, the individual must complete an application | A person who is unable to produce identification can be registered as a voter. In order to do so, the individual must complete an application for registration and be accompanied by someone who is a registered voter in the applicant’s electoral district, an adult family member, or someone who has the authority to make personal care decisions in respect of the applicant. The applicant and the voucher must both make a solemn declaration, in writing, as to the applicant's identity and place of residence. A person can only vouch for one person, and an individual who has been vouched for cannot vouch for another person. | ||
'''NOTE:''' A literal interpretation of both the ''Canada Elections Act'' RSC 2000, c 9, and the ''BC Election Act'', RSBC 1996, c 106, suggests that it is practically impossible for a homeless person to vote. However, the provincial electoral officer facilitates voting by homeless people through an administrative policy of allowing a flexible definition of “residence”. | '''NOTE:''' A literal interpretation of both the ''Canada Elections Act'' RSC 2000, c 9, and the ''BC Election Act'', RSBC 1996, c 106, suggests that it is practically impossible for a homeless person to vote. However, the provincial electoral officer facilitates voting by homeless people through an administrative policy of allowing a flexible definition of “residence”. | ||