Allman et al. v. Commissioner of the Northwest Territories, (1983) 50 A.R. 161 (NWTCA)

• Judge: Moir, Haddad and Belzil, JJ.A.
• Court: Court of Appeal (Northwest Territories)
• Case Date: December 21, 1983
• Jurisdiction: Northwest Territories
• Citations: (1983), 50 A.R. 161 (NWTCA)

Allman v. NWT Commr. (1983), 50 A.R. 161 (NWTCA)

MLB headnote and full text

Allman et al. v. Commissioner of the Northwest Territories

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

Northwest Territories Court of Appeal

Moir, Haddad and Belzil, JJ.A.

December 21, 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)(b) of the Canadian Charter of Rights and Freedoms. The Northwest Territories Supreme Court, in a decision reported in (1983), 44 A.R. 170, dismissed the application.

The matter of costs was reserved. The successful respondent applied for costs against the residents. The Northwest Territories Supreme Court, in a decision reported in (1983), 46 A.R. 61, made no award of costs.

The residents appealed against the dismissal of their application. The Northwest Territories Court of Appeal dismissed the appeal.

Civil Rights - Topic 544

Mobility rights - General - Residence - Right to take up residence - Infringement - What constitutes - The Northwest Territories Court of Appeal affirmed that legislation (Plebiscite Ordinance) restricting voting eligibility on a plebiscite to persons resident in the Northwest Territories for three years did not infringe the ineligible voters' rights to move to and take up residence in the Territories as guaranteed in s. 6(2) of the Canadian Charter of Rights and Freedoms - See paragraphs 20 to 23.

Civil Rights - Topic 1848

Freedom of speech or expression - Limitations - Voting qualifications - A Northwest Territories Plebiscite Ordinance prescribed three years' residence for eligibility to vote in a plebiscite - One years' residence was required for eligibility to vote in elections - The Northwest Territories Court of Appeal affirmed that the Plebiscite Ordinance did not infringe the fundamental freedom of thought, belief, opinion and expression guaranteed in s. 2(b) of the Canadian Charter of Rights and Freedoms - See paragraphs 6 to 19.

Statutes Noticed:

French Declaration of 1791 [para. 12].

Constitution of the United States, First Amendment [para. 12].

Universal Declaration, 1948, Art. 19 [para. 12].

European Convention, 1950, Art. 10 [para. 12].

Canadian Bill of Rights, R.S.C. 1970, App. III, sect. 1(d) [para. 12].

International Covenant of the United Nations, 1966, Art. 19 [para. 12].

American Convention on Human Rights, 1970, Art. 13 [para. 12].

Plebiscite Ordinance, O.N.W.T. 1981, c. 13, sect. 3(1), sect. 3(2), sect. 5, sect. 6 [para. 5]; sect. 6(2)(c) [para. 6].

Canadian Charter of Rights and Freedoms, 1982, sect. 2(b) [paras. 6 to 8, 17, 19]; sect. 6(2) [paras. 20 to 21].

Authors and Works Noticed:

Walker, The Oxford Companion to Law, p. 494 [para. 9].

Roosevelt, Franklin Delano, Declaration of Freedom, 1941 [para. 12].

Walker, David M., Article on Human Rights [para. 13].

Halsbury's Laws of England (4th Ed.), vol. 8, p. 548 [paras. 14, 16]; fn. 3, p. 549 [para. 15].

Counsel:

J.L. McDougall, Q.C., for the appellants;

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

This appeal was heard before Moir, Haddad and Belzil, JJ.A., of the Northwest Territories Court of Appeal, whose decision was delivered by Belzil, J.A., at Yellowknife, Northwest Territories, on December 21, 1983.