What is the test for constitutional validity of a right to vote in a referendum?

Ontario, Canada


The following excerpt is from In the Matter of a Judicial Recount Arising out of the 40th General Election in the Electoral District of Kitchener-Waterloo Held on October 14, 2008 (Re), 2008 CanLII 64382 (ON SC):

In Haig v. Canada, 1993 CanLII 58 (SCC), [1993] 2 S.C.R. 995, [1993] S.C.J. No. 84, the constitutionality of the right to vote in a referendum was addressed. Cory J., at pp. 1058-59 S.C.R., offered these comments: The right to vote is of fundamental importance to Canadians and to our Canadian democracy. [page769] In the interpretation of all enfranchising statutes the provisions granting the right to vote should be given a broad and liberal interpretation. Every effort should be made to interpret the statute to enfranchise the voter. Conversely, every effort shall be made to limit the scope of provisions which tend to disenfranchise the voter.

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