1. Section 3, 4, & 5 Democratic and Mobility Rights

2. Democratic and Mobility Rights O Every Canadian over 18 has the right to vote. O Election will be held every 5 years O Federal Parliament and provincial legislatures must sit at least once every 12 months.

3. The Right to Vote O The democratic right to vote is now entrenched in the Charter. Meaning? It cannot be removed without an amendment to the Constitution.

4. Sauvé v. Canada (Chief Electoral Officer) O 1993, SCC affirmed the rulings of several lower courts and declared the provision in the Canada Elections Act which excluded prisoners from voting to be unconstitutional O Parliament enacted new provision which disqualified only prisoners who were serving sentences of two years or more. (Parliament’s attempt to tailor the limitation on the right to vote under section 3 of the CCRF to bring it within the realm of a “reasonable limit prescribed by law” as set out in section 1 of the Charter.)reasonable limit

5. Sauvé v. Canada (Chief Electoral Officer) Sauvé v. Canada (Chief Electoral Officer), 2002 SCC 68 (CanLII) O Richard Sauvé, an inmate of a federal prison, challenged a section of the Canada Elections Act that denied federal inmates serving a sentence of more than two years the right to vote in federal elections. O The SCC ruled that the law violated Suavé’s democratic rights (s. 3 right to vote) and could not be justified by section 1 of the Charter. (Nelson, 47) O Do you agree with the court’s decision? Why or why not? Please write a response in your notes!