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 Section 51(e) had been repealed before the date of the Court's judgment, but the decision applied equally to substantially the same provision found in s. 4(c) of the new Act.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. As Parliament has not amended the Canada Elections Act to reflect the Court's decision, the provision is still part of the Act, , even though it is of no force or effect.

See 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

• Federal Court decision
• BCCLA intervener factum