The case at bar before the Ultra Supreme Court of Canada was the case of Sauve v. This case is an appeal by the federal government. Sauve v. Canada is a case about voting restrictions placed upon penitentiary inmates serving sentences of two years or more. These prisoners are barred the vote by s. 51(e) of the Canada Elections Act which states:.
"51. The following persons are not qualified to vote at an election shall not vote at an election:".
(e) Every person who is imprisoned in a correctional institution serving a sentence of two years or more.
The issues raised by this case are that Sauve has challenged that s. 51(e) is in violation of the Canadian Charter of Rights and Freedoms. More precisely sections 1, 3, 15. (1). For clarification I will explain these sections in brief detail.
Section 1 states "The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society". Section 3, which guarantees our democratic, rights states that "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". Since s. 51(e) is such a blatant infringement of this right the crown has conceded it. Finally section 15. (1) Reads "Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability". Throughout this factum I will be touching on these issues. Charter challenges dealing with voting restrictions placed upon inmates are nothing new. Parliament used to have in place a blanket restriction on inmate voting rights, but that was challenged and won by Sauve also.