What is the test for a Canadian citizen who is not a citizen of Canada living outside of the country to vote in the general election?

Ontario, Canada


The following excerpt is from Frank et al. v. AG Canada, 2014 ONSC 907 (CanLII):

If the very fact of being a citizen is not considered sufficient to create and sustain an individual’s connection to Canada, then the act of voting itself is evidence of this connection. In order to vote, a Canadian citizen living outside the country must take a number of steps, including completing an application for special ballot, completing the special ballot, and ensuring that both documents arrive at Elections Canada on time. The voter needs to know the name of the relevant local candidate and, if he or she wishes to vote by party, must determine which candidate is connected with which party. Thus, the very act of being interested in and taking the steps to vote is evidence of the voter’s connection to Canada. It is a self-testing mechanism similar to that which was accepted for those with mental disabilities who were previously prohibited from voting under the Act: see Canadian Disability Rights Counsel v. Canada, supra.

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