Allman et al. v. Commissioner of Northwest Territories, (1983) 44 A.R. 170 (NWTSC)

• Judge: de Weerdt, J.
• Court: Supreme Court of Northwest Territories (Canada)
• Case Date: January 06, 1983
• Jurisdiction: Northwest Territories
• Citations: (1983), 44 A.R. 170 (NWTSC)

Allman v. NWT Commr. (1983), 44 A.R. 170 (NWTSC)

MLB headnote and full text

Allman et al. v. Commissioner of the Northwest Territories

(No. SC 6447)

Indexed As: Allman et al. v. Commissioner of Northwest Territories

Northwest Territories Supreme Court

de Weerdt, J.

January 26, 1983.

Summary:

Twelve Northwest Territories residents applied for a declaration that persons with one years' residence were eligible to vote in a plebiscite, notwithstanding that the Plebiscite Ordinance required three years' residence for eligibility. The residents submitted that the Ordinance infringed their freedom of thought, belief, opinion and expression under s. 2 of the Canadian Charter of Rights and Freedoms, 1982. The Northwest Territories Supreme Court dismissed the applications.

Civil Rights - Topic 1784

Freedoms - General - Interference with freedom - Twelve Northwest Territories residents applied for a declaration that persons with one years' residence were eligible to vote in a plebiscite, notwithstanding a Plebiscite Ordinance requirement of 3 years' residence for eligibility - One years' residence was required for eligibility to vote in elections - The residents submitted that the Ordinance infringed their freedom of thought, belief, opinion and expression under s. 2 of the Charter of Rights and Freedoms, 1982 - The Northwest Territories Supreme Court dismissed the application, because the residents' claim was for recognition of a right, and s. 2 applied only to an interference with a freedom - See paragraphs 20 to 41.

Civil Rights - Topic 544

Mobility rights - General - Residence - Right to take up - What constitutes infringement - The Northwest Territories Supreme Court held that legislation restricting voting eligibility on a plebiscite to persons resident in the Northwest Territories for three years was not an infringement of the ineligible voters' rights to move to and take up residence in the Northwest Territories under s. 6(2) of the Charter of Rights and Freedoms - See paragraphs 42 to 43.

Elections - Topic 8406

Plebiscites - General - Plebiscite v. referendum - The Northwest Territories Supreme Court referred to the distinction between a "plebiscite" and a "referendum" - See paragraphs 15 to 17.

Cases Noticed:

Minister of Justice of Canada v. Borowski, [1982] 1 W.W.R. 97; 39 N.R. 331; 130 D.L.R.(3d) 588; 64 C.C.C.(2d) 97; 24 C.R.(3d) 352 (S.C.C.), folld. [para. 5].

Re Potma and The Queen (1982), 67 C.C.C.(2d) 19, appld. [para. 30].

Statutes Noticed:

Canadian Charter of Rights and Freedoms, 1982, sect. 2 [para. 36]; sect. 6 [para. 42]; sect. 26 [para. 7]; sect. 30 [para. 27]; sect. 32(1) [para. 28].

Judicature Ordinance, R.O.N.W.T. 1974, c. J-1, sect. 19(0) [para. 6].

Plebiscite Ordinance, O.N.W.T. 1981, c. 13, sect. 2 [para. 14]; sect. 3 [para. 10]; sect. 4 [para. 11]; sect. 5 [para. 9]; sect. 6 [para. 13].

Authors and Works Noticed:

Black's Law Dictionary (4th Ed.), p. 38 [para. 16].

Boyer, Lawmaking by the People, pp. 12-13 [para. 15]; 13 [para. 16]; 15 [para. 18].

Tarnopolsky, The Canadian Bill of Rights (2nd Ed.), p. 1 [para. 38].

Counsel:

John L. MacDougall, Q.C., for the applicants;

Duncan W. Shaw, Q.C., for the respondent.

This case was heard at Yellowknife, Northwest Territories, on January 6, 1983, before deWEERDT, J., of the Northwest Territories Supreme Court, who delivered the following judgment on January 26, 1983: