Sauvé v. Canada (Chief Electoral Officer)

Sauvé v. Canada (Chief Electoral Officer)

SCCInfoBox
case-name=Sauvé v. Canada (Chief Electoral Officer)
full-case-name=Richard Sauvé v. The Attorney General of Canada, the Chief Electoral Officer of Canada and the Solicitor General of Canada; Sheldon McCorrister, Chairman, Lloyd Knezacek, Vice Chairman, on their own behalf and on behalf of the Stony Mountain Institution Inmate Welfare Committee, and Clair Woodhouse, Chairman, Aaron Spence, Vice Chairman, on their own behalf and on behalf of the Native Brotherhood Organization of Stony Mountain Institution, and Serge Bélanger, Emile A. Bear and Randy Opoonechaw v. The Attorney General of Canada
heard-date=December 10, 2001
decided-date=October 31, 2002
citations= [2002] 3 S.C.R. 519; 2002 SCC 68
history=Appeal from the Federal Court of Appeal
ruling=
ratio=
SCC=2000-2002
Majority=McLachlin C.J. (paras. 1-64)
JoinMajority=Iacobucci, Binnie, Arbour, and LeBel
Concurrence=
Dissent=Gonthier (paras. 65-208)
JoinDissent=L’Heureux‑Dubé, Major and Bastarache
NotParticipating=

"Sauvé v. Canada (Attorney General)", [2002] 3 S.C.R. 519 is a leading Supreme Court of Canada decision where the Court held that prisoners have a right to vote under section 3 of the "Canadian Charter of Rights and Freedoms". The Court overturned the prior decision of the Federal Court of Appeal and held that s. 51(e) of the old "Canada Elections Act", which prohibited prisoners from voting, was unconstitutional. Section 51(e) had been repealed before the date of the Court's judgment, but the decision applied equally to substantially the same provision found in s. 4(c) of the new Act. The Court decided that the provision violated section 3 of the "Charter" and could not be saved under section 1.

As a result of the decision, all adult citizens in Canada are now able to vote, save the top two officials of Elections Canada. [CBC.ca, " [http://www.cbc.ca/canadavotes/voterstoolkit/faqs.html#q3 Voter Toolkit] ," "Canada Votes 2006". URL accessed 23 January 2006.] As Parliament has not amended the "Canada Elections Act" to reflect the Court's decision, the provision is still part of the Act, [Canada Elections Act, 2000, c. 9, Section 4 (c), [http://lois.justice.gc.ca/en/E-2.01/237121.html#Section-4] . Accessed 20 February, 2007.] , even though it is of no force or effect.

ee also

* List of Supreme Court of Canada cases (McLachlin Court)
* "Richardson v. Ramirez", 418 U.S. 24 (1974) - similar US case
* British Columbia Civil Liberties Association

References

External links

*
* [http://reports.fja.gc.ca/fc/1997/pub/v3/1997fc20582.html Federal Court decision]
* [http://www.bccla.org/othercontent/01sauvefactum.html BCCLA intervener factum]


Wikimedia Foundation. 2010.

Игры ⚽ Нужна курсовая?

Look at other dictionaries:

  • Reasons of the Supreme Court of Canada by Chief Justice McLachlin — The following is a list of Supreme Court of Canada opinions written by Beverley McLachlin during her tenure on the Court. Chief Justice Beverley McLachlin on November 20, 2007 Contents 1 …   Wikipedia

  • 2002 in Canada — yearbox in?=in Canada cp=20th Century c=21st century cf=22nd century yp1=1999 yp2=2000 yp3=2001 year=2002 ya1=2003 ya2=2004 ya3=2005 dp3=1970s dp2=1980s dp1=1990s d=2000s dn1=2010s dn2=2020s dn3=2030sIncumbentsEstimated Canadian population:… …   Wikipedia

  • Reasons of the Supreme Court of Canada by Justice Gonthier — This is a list of all the opinions written by Charles Gonthier during his tenure as puisne justice of the Supreme Court of Canada. Contents 1 1989 1998 2 1999 3 2000 4 2001 …   Wikipedia

  • Reasons of the Supreme Court of Canada by Justice Cory — This is a list of opinions written by Peter Cory, during his tenure on the Supreme Court of Canada between 1 February 1989 and 1 August 2003. Contents 1 1989 2001 2 2002 3 2003 4 2004 …   Wikipedia

  • Elections in Canada — The Parliament of Canada ( fr. Parlement du Canada) has two chambers. The House of Commons ( fr. Chambre des Communes) has 308 members, elected for a maximum five year term in single seat constituencies. The Senate (French: Sénat ) has 105… …   Wikipedia

  • cañada — /keuhn yah deuh, yad euh/, n. Chiefly Western U.S. 1. a dry riverbed. 2. a small, deep canyon. [1840 50; < Sp, equiv. to cañ(a) CANE + ada n. suffix] * * * Canada Introduction Canada Background: A land of vast distances and rich natural resources …   Universalium

  • Canada — /kan euh deuh/, n. a nation in N North America: a member of the Commonwealth of Nations. 29,123,194; 3,690,410 sq. mi. (9,558,160 sq. km). Cap.: Ottawa. * * * Canada Introduction Canada Background: A land of vast distances and rich natural… …   Universalium

  • Governor General of Canada — Viceroy Federal …   Wikipedia

  • Suffrage — (from the Latin suffragium , meaning voting tablet , and figuratively right to vote ; probably from suffrago hough , and originally a term for the pastern bone used to cast votes) is the civil right to vote, or the exercise of that right. In that …   Wikipedia

  • Section Three of the Canadian Charter of Rights and Freedoms — is a section of the Charter that constitutionally guarantees all Canadian citizens the democratic right to vote in a general federal or provincial election and the right to be eligible for membership in the House of Commons or of a provincial… …   Wikipedia

Share the article and excerpts

Direct link
… Do a right-click on the link above
and select “Copy Link”