Help me get back the right to vote.
March 30, 2011 12:44 PM Subscribe
I've been disenfranchised by the government of Canada.
The Conservative Party of Canada passed a law a short while ago which says that if you reside outside the country and have done so for more than five years, you can't vote any more. It doesn't apply to armed forces personnel or diplomats or some other categories, none of which applies to me. I've lived in the US since 2004 but was born and raised in Canada and my citizenship and identity as a Canadian is very important to me.
I believe this is a voter suppression tactic since afaik ex-pat Canadians tend to vote more liberally. I also believe that this law would not survive a court challenge based on this passage in the Charter: 3. Every citizen of Canada has the right to vote in an election of members of the House of Commons or of a legislative assembly and to be qualified for membership therein. But I can't afford to sue the government of Canada. I am sure there must be a group that defends Charter rights, but don't know where to start looking. Does anybody have any advice on how to get started overturning this law?
The Conservative Party of Canada passed a law a short while ago which says that if you reside outside the country and have done so for more than five years, you can't vote any more. It doesn't apply to armed forces personnel or diplomats or some other categories, none of which applies to me. I've lived in the US since 2004 but was born and raised in Canada and my citizenship and identity as a Canadian is very important to me.
I believe this is a voter suppression tactic since afaik ex-pat Canadians tend to vote more liberally. I also believe that this law would not survive a court challenge based on this passage in the Charter: 3. Every citizen of Canada has the right to vote in an election of members of the House of Commons or of a legislative assembly and to be qualified for membership therein. But I can't afford to sue the government of Canada. I am sure there must be a group that defends Charter rights, but don't know where to start looking. Does anybody have any advice on how to get started overturning this law?
I know nothing about Canadian immigration, but I have Canadian friends here in the US who have to go through this sort of rigamarole. Have you done that whole "go back to Canada for a month to settle your immigration stuff" thing?
(I'll have to check in with them to see what they're up to in this regard.)
posted by Madamina at 12:48 PM on March 30, 2011
(I'll have to check in with them to see what they're up to in this regard.)
posted by Madamina at 12:48 PM on March 30, 2011
Response by poster: Madamina, I could ostensibly go back to Canada and re-establish residency every five years for the sole purpose of allowing me to vote, but I shouldn't have to and it would really be a hardship on me (I'd lose my job for one thing). My American immigration status is all settled (permanent resident). I have heard of what you're talking about, but it's an immigration wrinkle that doesn't apply to me (because I'm here as the spouse of an American) and afaik has nothing to do with voting rights.
dfriedman, I don't know anything about them but will email them. Thanks for the suggestion!
posted by joannemerriam at 12:53 PM on March 30, 2011
dfriedman, I don't know anything about them but will email them. Thanks for the suggestion!
posted by joannemerriam at 12:53 PM on March 30, 2011
Best answer: There's a website out there devoted to people in this situation, called Let Canadian's Vote.. At the bottom of the page they have contact details and a facebook group etc. Obviously there's other people in your shoes you can get in contact with.
That said, and apologies for the minor derail, as a Canadian constitutional lawyer myself I would have to disagree with the idea that the Act is a Charter violation. Any challenge the section of the Act re: the loss of residency requirement is almost certain, in my view, to be found consistent with s. 1 of the Charter, being a 'reasonable limitation' (a term of art used by the courts, not necessarily what strikes the average person as 'reasonable) in a democratic society (the webpage I linked to disagrees with that perspective, but the creator has no legal training).
I would suggest then that court challenges are out and a waste of time, and so your energies are best spent arguing that it is simply bad policy and ought to be reversed by the government.
posted by modernnomad at 1:03 PM on March 30, 2011 [5 favorites]
That said, and apologies for the minor derail, as a Canadian constitutional lawyer myself I would have to disagree with the idea that the Act is a Charter violation. Any challenge the section of the Act re: the loss of residency requirement is almost certain, in my view, to be found consistent with s. 1 of the Charter, being a 'reasonable limitation' (a term of art used by the courts, not necessarily what strikes the average person as 'reasonable) in a democratic society (the webpage I linked to disagrees with that perspective, but the creator has no legal training).
I would suggest then that court challenges are out and a waste of time, and so your energies are best spent arguing that it is simply bad policy and ought to be reversed by the government.
posted by modernnomad at 1:03 PM on March 30, 2011 [5 favorites]
(of course, there are surely lawyers who would disagree with my own interpretation, and they therefore may very well take on your case... I just doubt it, personally).
posted by modernnomad at 1:04 PM on March 30, 2011
posted by modernnomad at 1:04 PM on March 30, 2011
Response by poster: Thanks, modernnomad. I appreciate the extra information, and as I'm not a lawyer myself I'm sure my understanding of my Charter rights may be naive. Following your comment I did a bit of reading to see that s.1 is why under-18s can't vote. I have just written to the Canadian Civil Liberties Union and to Michael Savage (my MP) for advice.
posted by joannemerriam at 1:18 PM on March 30, 2011
posted by joannemerriam at 1:18 PM on March 30, 2011
I admire your dedication. However, I think you can identify as a Canadian without voting in Canada. I have an American friend who identifies as Russian/Soviet, bless his heart, even though he can't vote there.
I'm not familiar with this issue but I'd be unhappy if ex-pat Americans were voting to make laws that really affected me (in the US) but didn't really affect them (outside the US). Are there immigration rights laws or anything that affects your daily life that you're worried about?
posted by sninctown at 1:37 PM on March 30, 2011 [1 favorite]
I'm not familiar with this issue but I'd be unhappy if ex-pat Americans were voting to make laws that really affected me (in the US) but didn't really affect them (outside the US). Are there immigration rights laws or anything that affects your daily life that you're worried about?
posted by sninctown at 1:37 PM on March 30, 2011 [1 favorite]
This wasn't the Conservative government rewriting the statute. According to the website linked above, Elections Canada (an independent agency) simply changed its interpretation of the law.
posted by ewiar at 1:45 PM on March 30, 2011
posted by ewiar at 1:45 PM on March 30, 2011
Also to expand on what ewiar said, the law was actually passed by the Chretien government back in 2000 -- it's not exactly accurate to characterize it as an underhanded Harper attempt (not that it would be surprise if it were, but in this case it's not).
posted by modernnomad at 2:16 PM on March 30, 2011 [1 favorite]
posted by modernnomad at 2:16 PM on March 30, 2011 [1 favorite]
Response by poster: ewiar and modernnomad, thanks for the context! I could have sworn I read somewhere about the Harper gov't passing a new voting law, but I must be misremembering.
sninctown, immigration rights laws in Canada don't affect me, since I'm not an immigrant to Canada (I was born there). Other laws do affect my family and friends, and since I intend to move back to Nova Scotia when I retire (sooner if my American husband dies - in which case I'm on the first plane home - or things go really crazy down here politically) they will affect me directly in the future.
I could potentially be affected - I am still, as a citizen, subject to Canada's laws. As an easy example, should the government of Canada choose to levy a tax against ex-pat's incomes, I would have to pay it.
Ex-pat Americans are absolutely able to vote. The percentages are such that ex-pat votes don't have a large effect on outcomes, although they can make a difference in a close race. I know sometimes American politicians send people to campaign for them in Canada (there being a lot of ex-pat Americans living there).
posted by joannemerriam at 4:23 PM on March 30, 2011
sninctown, immigration rights laws in Canada don't affect me, since I'm not an immigrant to Canada (I was born there). Other laws do affect my family and friends, and since I intend to move back to Nova Scotia when I retire (sooner if my American husband dies - in which case I'm on the first plane home - or things go really crazy down here politically) they will affect me directly in the future.
I could potentially be affected - I am still, as a citizen, subject to Canada's laws. As an easy example, should the government of Canada choose to levy a tax against ex-pat's incomes, I would have to pay it.
Ex-pat Americans are absolutely able to vote. The percentages are such that ex-pat votes don't have a large effect on outcomes, although they can make a difference in a close race. I know sometimes American politicians send people to campaign for them in Canada (there being a lot of ex-pat Americans living there).
posted by joannemerriam at 4:23 PM on March 30, 2011
Confirming that expat Americans vote: my American-born father hasn't lived in the US since 1974 and always votes.
posted by mareli at 8:34 PM on March 30, 2011
posted by mareli at 8:34 PM on March 30, 2011
Not only do ex-pat Americans like me vote by overseas ballot, but I was blown away by how incredibly helpful and courteous my county's voter registration folks are and how easy they make it. I can DL a ballot, fill it out with pen, then mail it off.
So I empathize. My stereotype of Canada would be that it would be the other way around compared to America, so this is disappointing to hear.
"if ex-pat Americans were voting to make laws that really affected me (in the US) but didn't really affect them (outside the US)"
Ex-pat Americans who make enough money still pay taxes to the Fed. If they're like me they come home every year to visit family. Not to mention the fact that soldiers and those working in foreign embassies are doing important work for the country. If and when they naturalize in another country you might have a point.
posted by bardic at 11:16 PM on March 30, 2011
So I empathize. My stereotype of Canada would be that it would be the other way around compared to America, so this is disappointing to hear.
"if ex-pat Americans were voting to make laws that really affected me (in the US) but didn't really affect them (outside the US)"
Ex-pat Americans who make enough money still pay taxes to the Fed. If they're like me they come home every year to visit family. Not to mention the fact that soldiers and those working in foreign embassies are doing important work for the country. If and when they naturalize in another country you might have a point.
posted by bardic at 11:16 PM on March 30, 2011
Response by poster: In case anybody is still following this - I received a ballot. I am going to use it. The other ex-pats I've talked to didn't receive ballots. I don't understand what's going on, but I'm going to vote. I was also interviewed by the Toronto Star.
posted by joannemerriam at 12:40 PM on April 11, 2011
posted by joannemerriam at 12:40 PM on April 11, 2011
This thread is closed to new comments.
posted by dfriedman at 12:46 PM on March 30, 2011