Sauvé v. Canada (Attorney General), (1993) 64 O.A.C. 124 (SCC)

• Judge: Lamer, C.J.C., La Forest, L'Heureux-Dubé, Sopinka, Gonthier, Cory, McLachlin, Iacobucci and Major, JJ.
• Court: Supreme Court (Canada)
• Case Date: May 27, 1993
• Jurisdiction: Canada (Federal)
• Citations: (1993), 64 O.A.C. 124 (SCC);64 OAC 124;[1993] 2 SCR 438;15 CRR (2d) 1;1993 CanLII 92 (SCC)

Sauvé v. Can. (A.G.) (1993), 64 O.A.C. 124 (SCC)

MLB headnote and full text

[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

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Attorney General of Canada (appellant) v. Richard Sauvé (respondent)

(22961)

R. (appellant) v. Walter Stanley Belczowski (respondent)

(22962)

Indexed As: Sauvé v. Canada (Attorney General)

Supreme Court of Canada

Lamer, C.J.C., La Forest, L'Heureux-Dubé, Sopinka, Gonthier, Cory, McLachlin, Iacobucci and Major, JJ.

May 27, 1993.

Summary:

A prison inmate challenged the validity of s. 51(e) of the Canada Elections Act, which declared prisoners ineligible to vote. The Ontario High Court upheld the validity of s. 51(e) in a judgment reported 66 O.R.(2d) 234; 53 D.L.R.(4th) 595. The prisoner appealed.

The Ontario Court of Appeal, in a judg­ment reported 55 O.A.C. 219, allowed the appeal and held that s. 51(e) violated s. 3 of the Charter and was of no effect. The Crown appealed.

The Supreme Court of Canada dismissed the appeal.

Civil Rights - Topic 126

Voting and other democratic rights - Right to vote - Restrictions - Prisoners - The Canada Elections Act, s. 51(e), declared prisoners ineligible to vote - The Ontario Court of Appeal held that s. 51(e) con­flicted with s. 3 of the Charter, was not a reason­able limit and was of no effect - The Supreme Court of Canada affirmed.

Civil Rights - Topic 8348

Canadian Charter of Rights and Free­doms - Application - Exceptions - Rea­sonable limits prescribed by law - [See Civil Rights - Topic 126 ].

Statutes Noticed:

Canadian Charter of Rights and Freedoms, 1982, sect. 1, sect. 3.

Elections Act, R.S.C. 1985, c. E-2, sect. 51(e).

Counsel:

I.G. Whitehall, Q.C., and S.D. Clarke, for the appellant;

Harvey M. Groberman, for the intervener, the Attorney General of British Colum­bia;

Fergus J. O'Connor and R. Peter Napier, for the respondent Richard Sauvé;

Richard A. Stroppel, for the respondent Walter Stanley Belczowski.

This case was heard on May 27, 1993, at Ottawa, Ontario, before Lamer, C.J.C., La Forest, L'Heureux-Dubé, Sopinka, Gonthier, Cory, McLachlin, Iacobucci and Major, JJ., of the Supreme Court of Canada.

On May 27, 1993, the judgment of the Supreme Court of Canada was delivered orally in both official languages and the following opinions were filed:

Lamer, C.J.C. - see paragraph 1;

Iacobucci, J. - see paragraphs 2 to 5.