Does the Chief Electoral Officer have the power to disqualify an inmate from voting under section 2(3) of the Criminal Code Act?
British Columbia, Canada
The following excerpt is from Henry v. Canada (Attorney General), 2010 BCSC 610 (CanLII):
Section 2(3) of the Act delegates to the CEO the power to prescribe what is satisfactory documentary proof of an elector’s identity and residence. Section 3 of the Act provides that every person who is a Canadian citizen and 18 years of age or older on polling day is qualified as an elector. The only persons whom s. 4 disqualifies from voting are the CEO and the Assistant CEO. Although s. 4 still includes reference to persons imprisoned in a correctional institution serving a sentence of two years or more, that part of the provision is inoperative as a result of Sauvé v. Canada (Chief Electoral Officer), 2002 SCC 68, [2002] 3 S.C.R. 519 [Sauvé No. 2], which held that the disqualification unjustifiably infringed s. 3 of the Charter.
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