For immediate release
Toronto – On July 17, the Ontario Superior Court of Justice will rule on an injunction application brought by the Council of Canadians, the Canadian Federation of Students and three individuals to stay the operation of provisions of the Fair Elections Act. The BC Civil Liberties Association is an intervener in the case and made submissions at the injunction application.
The applicants allege that provisions of the Fair Elections Act preventing voters from using their Voter Identification Card as a piece of identification on voting day and restricting the use of “vouching” violate section 3 of the Canadian Charter of Rights and Freedoms, which protects the right to vote, and section 15, which protects equality rights. They allege that these changes will disproportionately impact students, elderly people, people with disabilities, homeless people and Indigenous people, who are all less likely to possess the identification required by the Act.
The applicants filed their constitutional challenge last year. However, the case will not be heard in time for the federal election this October. As a result, the applicants sought an injunction to prevent the application of the impugned provisions during the October election. They expect that a full hearing on the merits of the case will take place sometime after the election.
The BCCLA intervened to argue that the test for when an injunction should be granted in voting rights cases must take account of the fundamental importance of voting rights in a participatory democracy like Canada. Laws that interfere with voting rights and effectively disenfranchise voters do not promote the public interest and must attract strict scrutiny by the courts.
The consequences of not granting the injunctive relief are severe: tens of thousands of Canadians will effectively be disenfranchised during the upcoming federal election. They will be unable to exercise one of the most important rights we have in a constitutional democracy. Without an injunction, their opportunity to exercise this right will be gone forever, even if the provisions are later determined to be unjustifiable breaches of Canadians’ constitutional rights. This constitutes irreparable harm to them and, where the disenfranchised voters could have changed the result of the election, to the public at large.
The BCCLA is represented by Justin Safayeni and Brendan Van Niejenhuis of Stockwoods LLP.
The BCCLA’s argument is available here.
What: Ontario Superior Court ruling on injunction application in Council of Canadians et al v Attorney General
When: Friday July 17, 2015 at 9am (Pacific)
Where: Ontario Superior Court of Justice
Who: Representatives of the BCCLA available for comment
MEDIA CONTACTS
Justin Safayeni, Co-Counsel: 647-963-5486
Brendan Van Niejenhuis, Co-Counsel: 416-319-4440
Laura Track, BCCLA Staff Counsel: 604-630-9928
