Monday, January 14, 2019

Monday at the Bar: Canadian Supreme Court declares voting rights for Canadian citizens residing out of Canada.

I haven't had the time to study this, but this is frankly earth shaking in terms of Canadian politics.  The Canadian Supreme Court, in the following decision:   

SUPREME COURT OF CANADA

Citation: Frank v. Canada (Attorney General), 2019 SCC 1
Appeal Heard: March 21, 2018
Judgement Rendered: January 11, 2019
Docket: 36645

Between:
Gillian Frank and Jamie Duong
Appellants

and

Attorney General of Canada
Respondent

- and -

Attorney General of Quebec, Canadian American Bar Association, Canadian Expat Association, David Asper Centre for Constitutional Rights, Canadian Civil Liberties Association, Chinese and Southeast Asian Legal Clinic and British Columbia Civil Liberties Association

Interveners



There are a large number of Canadians that live outside of Canada, including ones that have lived outside of the country for decades.  This decision allows them to vote.

It leaves some topics open, I think.  For one thing, there's a fair number of individuals who can claim Canadian citizenship as one of their parents was Canadian.  This even extended, up until a recent change in the law, to children born of those who could claim Canadian citizenship in that fashion even though the parent had never resided in Canada. Can those people vote in Canadian elections?  The decision, at least at first glance, would seem to support that they can.

If they can, what would be their riding?

And does this have any impact on the status of dual citizens in their other country of citizenship?  It wouldn't seem so, but I've already seen one comment by a Canadian who holds American citizenship that they won't vote in Canadian elections as they fear it would jeopardize their American citizenship.  Americans cannot serve in the armies of other nations, legally, I know, but I don't know if there's any restriction on their voting in a foreign election.  Is there?

What impact would this have on Canadian politics?  It might have none, as Canadian expats often have the same general views as Canadians in Canada. But at the same time, those who were born in the United States and hold Canadian citizenship are much more likely to have their views fully formed and indeed exclusively formed by their experiences in the United States. While there are certainly exceptions, most Americans hold their views based on a two party, Democrat/Republican, liberal/conservative system that doesn't necessarily even fit into the general Canadian political scheme.  I wonder how this will impact Canadian politics, if at all.

And, finally, is it fair?  It doesn't strike that it is, quite frankly.  I'm not suggesting that Canadians living abroad should lose their citizenship by any means, but voting on the government where you don't actually live and aren't paying taxes strikes me as a bit odd.

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