Thus section 3 of the canada elections act should be

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Unformatted text preview: ails to meet the proportionality test as prescribed in Oakes, supra. The proportionality requirement calls for an evaluation of the importance of the legislative objective and for such evaluation to be weighed against the degree to which the legislation violates a Charter right. More recently, however, Canadian courts have varied this requirement such that in order to meet this portion of the Oakes test, the salutatory effects of the Charter- infringing legislation must be at least proportional to its deleterious effects (R. v. Smickle). In the case at bar, the proportionality requirement calls for an evaluation of the importance of the right to vote as a constitutionally entrenched right against the legislative objective as outlined above. Canada is a democracy and crucial to the effectiveness and function of a democracy is the ability of its citizens to elect their representative in government. The right to vote is one that lies at the heart of Canadian values and one that many citizens of our democratic nation hold sacred. Limiting the exercise of this right would impose a restriction as a result of which the representatives in Canadian government are not reflective of the will and desire of the population they represent – this is the deleteriou...
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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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