However the legislation as it currently stands bars

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Unformatted text preview: ourses. Any age- based restriction will indeed be imperfect in its application, however, given that a majority of students will have learned about Canada’s history (through Canadian History) and Canada’s political system (through Civics) at the age of 15 to 16 and that no further social studies courses are mandatory, the voting age should be adjusted accordingly. Setting the voting age at 18 does not serve any further educational purpose. There exists no reasonable logic that a person who is 18 is not more likely to understand Canada’s history and political system than someone who is 16. The legislation (section 3 of the Canada Elections Act) as it stands therefore cannot pass the minimal impairment test – the legislation was not carefully crafted so as to permit as many capable Canadian citizens as possible to vote. As a result, the inconsistency between section 3 of the Canada Elections Act and section of the Charter cannot be justified under section 1 of the Charter, as it does not pass the Oakes Test. Proportionality As it has been established that section 3 of the Canada Elections Act does not meet the Minimal Impairment requirement, it is not necessary to address the issue of proportionality. However, the legislation as it stands also f...
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This note was uploaded on 05/01/2013 for the course POLS 1000 taught by Professor Breaugh during the Fall '12 term at York University.

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