Public interest organizations and individual electors sought an interlocutory injunction to suspend a provision of the Fair Elections Act that prohibited the Chief Electoral Officer from authorizing the Voter Information Card as proof of identity or residence for voting in a federal election.
The applicants alleged the provision infringed the right to vote under s.3 of the Canadian Charter of Rights and Freedoms and risked disenfranchising certain groups.
The court held the challenge raised a serious issue and that disenfranchisement could constitute irreparable harm.
However, binding appellate authority establishes a rule against granting interlocutory relief that effectively suspends electoral legislation immediately before an election.
Applying that principle, the balance of convenience favoured allowing the legislation to remain in force pending a full constitutional hearing.
