~ Amendments to Canada Elections Act imposing
voter identification requirements as precondition to casting vote in federal or provincial election constituting facial infringement of right to vote under s. 3 of Charter — Amendments, however, demonstrably justified under s. 1 ~
Justice David Stinson found that there was a risk that some people would be unable to vote because of strict new
voter identification requirements, but declined to grant an injunction.
Not exact matches
Former Maryland Gov. Martin O'Malley, a Democrat whose presidential dreams were not realized this year, will join the board of All About The Vote — a nonprofit aimed at educating
voters on ever - changing
requirements in states instituting
voter identification laws.
If so, then the salutary benefits of the
voter -
identification requirements may no longer outweigh their deleterious effects.
Yet, evidence from the United States — where conservative legislators have been tightening
voter -
identification rules for years — indicates that stricter
identification requirements do, in fact, keep qualified
voters from voting.
Yet, if courts follow the logic that underlies the Supreme Court's decision in Opitz v. Wrzesnewskyj, then these stricter
voter -
identification requirements may not survive Charter scrutiny.
Even without vouching, the
voter -
identification requirements in the Canada Elections Act would almost certainly pass the first two stages of the Oakes test.
If courts find that the disenfranchising effects of stricter
voter -
identification requirements outweigh the limited benefits of eliminating vouching, then they may be unable to uphold the new rules under the Charter.
Prime Minister Stephen Harper even hinted at new
voter -
identification requirements during a photo - op with Opitz hours after the Supreme Court handed down its decision.
Few would argue that preventing fraud on Election Day is not a sufficiently important objective, or that imposing stricter
voter -
identification requirements is not rationally connected to achieving that objective.
Still, it may only be a matter of time before another
voter — like Rose Henry, who made the Charter application that the British Columbia Court of Appeal rejected that week — challenges the legislation's new, stricter
voter -
identification requirements in court.