Case information

Charter of rights – Right to liberty – Elections – Returning officers – Federal elections legislation providing for appointment of returning officers, and requiring returning officers to reside in the electoral district in which their duties are performed – Applicant returning officer terminated from office after ceasing to reside in electoral district – Applicant challenging constitutionality of residency requirement on basis that it violated Charter-protected right to liberty – Whether consequences of violating terms of statutory condition of appointment constitute deprivations flowing from state action, sufficient to engage the Charter – Whether right to liberty in s. 7 encompassing all choices of residence reasonably connected to an individual’s quality of life – What is the proper role of “progressive interpretation” of Charter rights? – Canadian Charter of Rights and Freedoms – Canada Elections Act, S.C. 2000, c. 9, ss. 22(4), 24(4)

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

In 2017, respondent Paul Drover lost his position as returning officer after moving outside the electoral district to which he had been appointed. At the time of Mr. Drover’s appointment, and at the time of his termination, the Canada Elections Act, S.C. 2000, c. 9 required returning officers to reside within the electoral district in which their powers and duties were to be performed.

Mr. Drover challenged the constitutionality of the Canada Elections Act provisions which required him to reside within his electoral district, on the basis that those provisions deprive individuals of the liberty interest protected by s. 7 of the Canadian Charter of Rights and Freedoms. The constitutional challenge was dismissed. Mr. Drover appealed.

A majority of the Court of Appeal for Ontario (Miller J.A. dissenting) allowed the appeal and set the lower court judgment aside. Section 24(4) of the Canada Elections Act was declared to be of no force or effect pursuant to s. 52(1) of the Constitution Act, 1982, as it is contrary to s. 7 of the Charter.