Vancouver – The BC Court of Appeal will be hearing arguments on February 4-6, 2013 in Henry v. Canada. The court will consider whether changes to federal voting laws requiring all voters to show ID and provide proof of residence are constitutional. The changes to the law require voters to show government-approved ID when voting. Those without ID must have another voter with the required ID registered in the same polling division vouch for them before they can vote.
Nothing is more fundamental to our democracy than the right to vote. The BCCLA is a long-standing advocate for democratic rights and is troubled by any action that makes voting more difficult. These voter ID laws may deny some of the most vulnerable in our society from making their mark at the polls on election day, such as homeless and transient persons with no fixed address, senior citizens, new citizens, and citizens living in rural and remote communities. Moreover, there is no evidence to suggest that Canada has a problem with voter fraud to require changes to the law.
The BCCLA argued against these changes to voter ID laws from the outset and was an intervener when this case was first heard in 2009. The BCCLA is again intervening in the appeal and argues that the government has not shown that these voter ID laws are necessary, especially in light of the very serious risk that some citizens may be denied the right to vote altogether. For instance, an individual who has no driver’s license and who has recently moved to a new rental residence may not be able to provide the necessary ID. Such a person may not know anyone who is registered in the same polling district to vouch for him or her. Under the old law, this person would be able to vote provided he or she was on the list of electors. Under the new law, this person would be denied a ballot.
The BCCLA believes that when rights as fundamental to democracy as the right to vote are at issue, the government must take steps to encourage political participation, not create barriers to its exercise.
The BCCLA is represented by Daniel Burnett of Owen Bird LLP and Mathew Good of Hordo, Bennett, Mounteer LLP.
The BCCLA’s argument in the case is available here >>
What: BC Court of Appeal will hear oral arguments in Henry v. Canada
When: Oral arguments before the court begin on Monday, February 4 and continue through Wednesday, February 6
Where: BC Court of Appeal
Who: BCCLA representative available for comment
MEDIA CONTACTS
Raji Mangat, BCCLA Counsel: (604) 630.9928
