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Unformatted text preview: ion 1 of the Charter (R. v. Oakes). IV. ANALYSIS The first part of the analysis calls for a prima facie case to be established that a provision of legislation is inconsistent with the Charter. In the case at bar, section 3 of the Canada Elections Act that restricts those individuals under the age of 18 from voting in an election is inconsistent with section 3 of the Charter. As a result of this provision in the Canada Elections Act, not “every Canadian citizen” is able to vote in an election. This establishes a prima facie inconsistency between section 3 of the Canada Elections Act and section 3 of the Charter. The second part of the analysis calls for the application of the Oakes test. Each component will be addressed severally in the paragraphs that follow. Legislative Objective Justice Lefsrud of the Court of Queen’s Bench of Alberta in his decision Fitzgerald v. Alberta, 2002 ABQB 1086 stated that the objective behind legislation restricting those under the age of 18 from voting is one that “[ensured], as much as possible, that those eligible to vote are mature enough to make rational and informed decisions about who should represent them in government” (Lefsrud). This is a valid legislative objective, as the integrity of the election system relies on electors being...
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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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