Specifically section 3 of the canada elections act

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Unformatted text preview: for membership therein. (The Canadian Charter of Rights and Freedoms) The phrase “every citizen of Canada”, taken on its face, would suggest every person who holds Canadian Citizenship, notwithstanding race, gender, or age. However, pursuant to the Canadian Elections Act, the right to vote cannot be exercised by those Canadian citizens who are under the age of 18 but would otherwise meet the requirements as outlined in the Charter to vote. Specifically, section 3 of the Canada Elections Act, 2000, S.C. c. 9, provides for the following: 3. Every person who is a Canadian citizen and is of 18 years of age or older on polling day is qualified as an elector. (Emphasis mine) (Canada Elections Act) Given the age restriction in section 3 of the Canada Elections Act, there is a prima facie violation of section 3 of the Charter, as those under the age of 18 are not able to exercise their constitutionally guaranteed right to participate in an election. For the reasons that follow, section 3 of the Canada Elections Act is inconsistent with section 3 of the Charter and this inconsistency cannot be justified under section 1 of the Charter. As such, section 3 of the Canada Elections Act should be declared to be of no force or effect to the extent of such inconsistency pursuant...
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