Appeal concerning the constitutionality of the federal prisoner voting ban applicable to persons incarcerated in a correctional institution serving sentences of two years or more.
The majority held that the impugned provision infringed the s. 3 Charter right to vote and failed the Oakes proportionality analysis because the government did not establish a rational connection, minimal impairment, or overall proportionality between disenfranchisement and its stated objectives of promoting civic responsibility and enhancing punishment.
The Court emphasized the fundamental nature of voting rights in a constitutional democracy and rejected deference where legislation limits core democratic participation.
The provision was declared of no force or effect under s. 52 of the Constitution Act, 1982.
