The respondents, Canadian citizens living in the United States for more than five years, challenged the constitutionality of provisions in the Canada Elections Act that prohibited them from voting in federal elections.
The application judge found the provisions violated section 3 of the Charter and were not saved under section 1.
On appeal, the Court of Appeal held that while the provisions infringed section 3, they were demonstrably justified under section 1.
The majority found the pressing and substantial objective was to preserve the social contract between citizens' obligation to obey the law and their right to elect lawmakers, and that the five-year limit was a minimally impairing and proportionate means of achieving this objective.
