What is the scope of the argument that lack of clarity on the ballot amounts to a violation under s. 3 of the Charter?
British Columbia, Canada
The following excerpt is from Independent Contractors and Businesses Association v British Columbia, 2018 BCSC 1597 (CanLII):
With respect to the argument that lack of clarity on the ballot amounts to a violation under s. 3 of the Charter, the provincial respondents say that s. 3has no application to the referendum vote. They say is limited to elections of provincial and federal representatives, referring to Haig v. Canada (Chief Electoral Officer), 1993 CanLII 58 (SCC), [1993] 2 S.C.R. 995 at 1040-41. Whether there is an argument that the proportional representation system violates s. 3 must wait for legislation implementing the change following the referendum.
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