The Right to Vote and Freedom of Expression in Political Process Cases Under the Charter

The Supreme Court of Canada’s political process cases cover a wide array of issues, including the right to vote, electoral redistricting, campaign finance and the regulation of political parties. This article focuses on the Court’s most recent section 3 decision, Frank v. Canada (Attorney General), as well as an upcoming section 2(b) case, Toronto (City) v. Ontario (Attorney General). 3 In Frank, the Court held that provisions banning long-term non-resident citizens from voting in a federal election infringed section and were not justified under section 1 of the Canadian Charter of Rights and Freedoms. While the Frank decision is notable for its powerful defence of the right to vote, it raises significant implications for the constitutionality of voter qualifications and election administration more generally