Haig v. Canada
Encyclopedia
Haig v. Canada [1993] 2 S.C.R. 995 is a leading Supreme Court of Canada
decision on the protection of the right to vote under section 3
of the Canadian Charter of Rights and Freedoms
.
to Quebec
during the summer of 1992. As it happened, this was also the summer of the Charlottetown Accord
where each citizen was given the opportunity to vote on whether to adopt the constitutional amendments. Due to his move he was ineligible to vote in either province. The Elections Act
provided that the voter must reside in the district on the day of enumeration. For Quebec voters were required to live in the province for the last six months. On enumeration day he was in Quebec and thus was unable to vote.
In September Haig brought an application against the Queen and the Chief Electoral Officer for a declaration under section 3 of the Elections Act on the basis that his ineligibility was in violation of sections 2(b), 3, 6, and 15(1) of the Charter.
The Federal Court rejected the Charter claim which was upheld by the Federal Court of Appeal. Further the claim against the Queen was dropped.
The issues before the Supreme Court was:
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
decision on the protection of the right to vote under section 3
Section Three of the Canadian Charter of Rights and Freedoms
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...
of the Canadian Charter of Rights and Freedoms
Canadian Charter of Rights and Freedoms
The Canadian Charter of Rights and Freedoms is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act, 1982...
.
Background
Graham Haig had moved from OntarioOntario
Ontario is a province of Canada, located in east-central Canada. It is Canada's most populous province and second largest in total area. It is home to the nation's most populous city, Toronto, and the nation's capital, Ottawa....
to Quebec
Quebec
Quebec or is a province in east-central Canada. It is the only Canadian province with a predominantly French-speaking population and the only one whose sole official language is French at the provincial level....
during the summer of 1992. As it happened, this was also the summer of the Charlottetown Accord
Charlottetown Accord
The Charlottetown Accord was a package of proposed amendments to the Constitution of Canada, proposed by the Canadian federal and provincial governments in 1992. It was submitted to a public referendum on October 26 of that year, and was defeated.-Background:...
where each citizen was given the opportunity to vote on whether to adopt the constitutional amendments. Due to his move he was ineligible to vote in either province. The Elections Act
Elections Act
Elections Act may refer to:* Canada Elections Act, 2000* Elections Act 2001, UK...
provided that the voter must reside in the district on the day of enumeration. For Quebec voters were required to live in the province for the last six months. On enumeration day he was in Quebec and thus was unable to vote.
In September Haig brought an application against the Queen and the Chief Electoral Officer for a declaration under section 3 of the Elections Act on the basis that his ineligibility was in violation of sections 2(b), 3, 6, and 15(1) of the Charter.
The Federal Court rejected the Charter claim which was upheld by the Federal Court of Appeal. Further the claim against the Queen was dropped.
The issues before the Supreme Court was:
- Whether the exclusion of persons in Haig's position from voting in the referendum violate sections 2(b), 3 and 15(1) of the Charter.
- Whether any violation can be saved under section 1.