In a judgment of 5 February 2014 (Frank et al. v. AG Canada, 2014 ONSC 907), the Ontario Supreme Court has found that the residence requirement in the Canadian Elections Act of 2000 violates the Canadian Charter of Rights and Freedoms. The Canadian Elections Acts limits voting rights for citizens who reside abroad to “Canadian Forces, public servants posted outside Canada, Canadian citizens employed by certain international organizations posted outside Canada, and Canadian citizens who have been absent from Canada for less than five consecutive years and intend to return to Canada as residents.” The Court found this in violation of section 3 of the Canadian Charter of Rights and Freedoms which states: “Every citizen of Canada has the right to vote in an election of members of the House of Commons or of a legislative assembly and to be qualified for membership therein.” 

The Ontario Court found that “the five-year limitation and the requirement that the voter intend to return to Canada is overly broad.  It prevents citizens … who are highly informed and well connected to Canada, from voting while allowing all resident electors and some other non-residential electors, many of whom may be totally uninformed and disinterested, to vote.” 

The decision does not have immediate effect and it is not yet clear whether the Supreme Court of Canada will take up the case.

 

On 15 October 2015, in an appeal to the case, the ruling of the lower court overturned this decision. Canadians who have been outside of Canada for five years or more are not eligible to vote.