Long-term Canadian expats lose right to vote, court decides
2015/07/21 2 Comments
Good call and passes the common sense test.
In a split decision, the Court of Appeal overturned a ruling that had restored the right of more than one million long-term expats to vote.
Canada’s “social contract” entails citizens submitting to laws because they had a voice in making them through voting, the ruling states.
“Permitting all non-resident citizens to vote would allow them to participate in making laws that affect Canadian residents on a daily basis but have little to no practical consequence for their own daily lives,” Justice George Strathy wrote for the majority court.
“This would erode the social contract and undermine the legitimacy of the laws.”
Strathy said the relevant part of the Canada Elections Act aimed to strengthen the country’s system of government. While it infringed on the rights of the expats, he said, the infringement is reasonable and can be justified in a free and democratic society.
Two Canadians living in the United States — Montreal-born Jamie Duong and Toronto-born Gillian Frank — launched the constitutional challenge, arguing the five-year rule was arbitrary and unreasonable. Both argued they had only left for educational and employment opportunities and still had strong attachments to Canada and a stake in its future.
In May last year, Superior Court Justice Michael Penny threw out the voting ban, noting that mass murderers have the right to cast ballots but long-term expats who care deeply about the country do not. Penny also said expats could well be subject to Canadian tax and other laws.
The Appeal Court said Penny’s judgment was clouded by the government’s assertion that expats “do not have the same connection” to Canada as residents.
“This caused the debate to be cast as whether non-resident citizens were worthy of the vote,” said Strathy. “As a result, he overlooked Canada’s democratic tradition and the importance of the social contract between Canada’s electorate and Parliament.”
Long-term Canadian expats lose right to vote, court decides – The Globe and Mail.
About Andrew
Multicultural Meanderings 
I think I would have to vote in favour of the ex-pats in this case, Andrew, if I could vote. I can understand points from both sides, but I have known people, including some
family members who worked for on projects abroad for more than five years. They were extremely interested in what was going on in Canada, and their families were here. They paid taxes to Canada. On the other hand, I am sure there are people who live here but really don’t have much knowledge of the political system and the impact of voting.
It must have been difficult to get this decision right, and neither system would ever be perfect, but I do feel that working and living abroad is not necessarily an indication of insufficient connection to Canada, especially in this day and age where information is so available globally.
Marion,
I think it is a mixed bag (like in most situations). There are certainly some who fit into this category but my anecdotal experience from the time I lived abroad is that while most feel some form of attachment to Canada, the majority are largely, as is normal, living their lives in the other country, and are detached from the day-to-day Canadian reality of education, healthcare, traffic and politics.
But a worthwhile discussion to have.