Arne Peltz

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.

The appellant residents association challenged a municipal rezoning that permitted a condominium development, arguing that a municipal councillor who had previously supported the development was disqualified by a reasonable apprehension of bias.

The Supreme Court of Canada held that the strict test for reasonable apprehension of bias does not apply to municipal councillors acting in their legislative capacity, unless they have a personal interest.

A councillor is only disqualified for prejudgment if their mind is so closed that any representations would be futile.

The Court also found that the rezoning application complied with statutory requirements and conformed to the city's development plan.

The appeal was dismissed.