High court ruling allows long-term expats to vote in byelections across Canada

Supreme Court decision enfranchised an estimated one million or more Canadian expats to be able to vote

Expat Canadians with ties to one of three ridings now in the throes of byelections may be eligible to vote no matter how long they’ve been abroad given last week’s Supreme Court of Canada ruling.

While the government got ahead of the high court ruling with new legislation passed last month, most provisions of Bill C-76 were only slated to take effect after six months — in good time for October’s general election. However, the Supreme Court decision on Jan. 11 took immediate effect.

Elections Canada wasted little time advertising the change after the high court struck down a 1993 law disenfranchising Canadians abroad for more than five years as unconstitutional.

“A Canadian elector living abroad who has previously resided in Canada is entitled to vote by special ballot in federal elections regardless of how long they have been living abroad,” Elections Canada said. “Elections Canada is currently updating its online forms and information to reflect the ruling, which came into effect immediately and is therefore applicable in the current three byelections.”

On Feb. 25, voters living in Ontario’s York–Simcoe, Burnaby South in B.C. and Outremont in Quebec get to choose a new member of Parliament. All interested Canadians abroad over the age of 18 with certain ties to one of the ridings are now also eligible to vote by way of a “special ballot.”

READ MORE: Supreme Court rules restrictions on expat voting unconstitutional

To receive a ballot, expats are required to register with Elections Canada in Ottawa by 6 p.m. ET on Feb. 19. Among other things, they must show either that they were living in one of the ridings before leaving Canada or that a spouse or relative does.

Jamie Duong, one of two Canadians who launched their challenge of the old law eight years ago, said on Friday that he was pleased Elections Canada had updated its registration forms less than a week after the Supreme Court decision.

“I’m thrilled that I’ll be able to cast my ballot in the upcoming Outremont byelection,” Duong, 35, of Ithaca, N.Y., said on Friday. ”Now that I’ve won back my voting rights, I fully intend to exercise them.”

While the Supreme Court decision enfranchised an estimated one million or more Canadian expats, only a relative handful have so far asked to vote in the byelections. Latest Elections Canada figures indicate fewer than 100 Canadians abroad have registered to vote, with about two-thirds of those doing so in Outremont.

When Bill C-76 is in full force, non-resident voters will only be able to vote in the riding in which they themselves last lived before leaving Canada.

“Once registered at an address in an electoral district, the elector cannot change the address as long as they remain registered on the international register of electors,” said Ghislain Desjardins, a senior adviser with Elections Canada.

In a separate opinion, Supreme Court Justice Malcolm Rowe agreed the five-year limit was unconstitutional even if its impact might have been minimal in terms of actual election results.

“There is almost no evidence of the impact that long-term non-residents would or could have had either locally or nationally if permitted to vote,” Rowe said. “The evidence that exists suggests that the impact would likely be negligible, since a very small number of Canadians living abroad who are currently eligible to vote choose to exercise that right.”

Colin Perkel, The Canadian Press

Like us on Facebook and follow us on Twitter.

Just Posted

New Sarepta students host political forum Apr. 10

Political Forum hosted by NSCHS Students

Robbery in Leduc County estimated at $40,000

Leduc RCMP investigate break and enter and theft of firearms

Motorcyclist seriously injured after hit on one-way road in Nisku

Leduc RCMP respond to vehicle versus motorcycle with serious injuries

OPINION: Jason Kenney won by portraying himself as the Guardian of Alberta

How did Kenney do it? He never considered himself an opposition leader and didn’t pretend to be one.

EALT enhanced critical habitat on our lands by planting 263,000 native trees

Celebrating a Decade of Conserving Nature for our Communities

Homeless activists outside Notre Dame demand ‘a roof too’

Wealthy people have donated millions to effort to rebuild cathedral after devastating fire

Singh says childhood abuse steeled him for scrutiny and stress of politics

He recounts the assaults for the first time in his book Love & Courage

Despite five extra weeks’ parental leave in Canada, dads still face stigma: survey

One reason people said dads don’t need leave is because they can just bond with their kids at weekend

Calgary’s public school board responds to Syrian child’s suicide after bullying

Amal Alshteiwi, a newcomer to Canada from Syria, took her own life several weeks ago

Child, 11, accidentally shot in the chest at Alberta religious colony

Child taken from Hutterite colony to nearby hospital

Woman in critical condition after motorcycle crash on Edmonton highway

Police say both women were thrown from the bike, and the van continued forward, hitting a Nissan Altima

Ceremonies, vigils planned in Toronto to honour victims of deadly van attack

Many of those who helped that day — first responders and Good Samaritans alike — still affected

New study suggests oilsands greenhouse gas emissions underestimated

New study is the first to use actual field measurements taken from aerial overflights, or top-down measurements

Shoppers Drug Mart launches second online medical pot portal in Alberta

As in Ontario, the Alberta platform touts ‘expert advice and counsel from trusted health-care professionals’

Most Read