Case information

Constitutional law — Charter of Rights and Freedoms — Constitution Act, 1867 — Right to vote — Right to effective representation — Right to meaningful participation in electoral system — Right to equality — Electoral systems — Standard of review — Whether courts have any role in assessing constitutionality of electoral system under s. 3 of Charter — To what extent do ss. 3 and 15 of Charter constrain legislative choices about electoral system — Does s. 3 prevent electoral system that rewards certain voters over others by design or does it entitle voters to a roughly equal degree of legislative representation — Does s. 15 prevent electoral system that disincentives parties to nominate women and minorities as candidates and does it protect against electoral system that rewards mainstream political opinions — Whether findings of mixed fact and law based on social science evidence and in respect of constitutional questions are subject to review for correctness or are entitled to deference — Does Constitution Act, 1867 constitutionalize Canada’s electoral system — Canada Elections Act, S.C. 2000, c. 9, ss. 2(1), 24(1) and 313.

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.

Fair Voting BC and Springtide Collective for Democratic Society applied to the Ontario Superior Court of Justice for a declaration that Canada’s federal electoral system is unconstitutional because it breaches both the right to vote protected by s. 3 of the Charter of Rights and Freedoms and the right to equality protected by s. 15(1) of the Charter. They challenged ss. 2(1), 24(1) and 313 of the Canada Elections Act, S.C. 2000, c. 9. The Ontario Superior Court of Justice dismissed the application. The Court of Appeal dismissed an appeal.