Two Canadians living in the United States challenged the Canada Elections Act, arguing the five-year rule barring them from voting was arbitrary and unreasonable.
Photo Credit: Don Campbel/Associated Press

Court reinstates Canadian expats’ right to vote

More than one million Canadians live outside the country and a court has struck down a law that prevented them from voting in Canadian elections. That law was enacted in 1993 amid debate about the ties expats had to Canada and their knowledge about domestic politics.

A Superior Court judge in the province of Ontario ruled that even if Canadians have lived away for more than five years their right to vote is still guaranteed by the constitution. Said Justice Michael Penny, citizenship is a fundamental requirement for voting, not residency.

Two Canadians living in the United States had launched the challenge, arguing the five-year rule was arbitrary and unreasonable. They were happy with the decision and said they looked forward to voting in the next federal election, expected in 2015. However, the government may appeal the decision.

As many as 1.4 million Canadians had been excluded from voting. They pay an estimated $6 billion in income taxes to the Canadian treasury.

The law did not apply to members of the Armed Forces or diplomats.

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