Jamie Duong is shown in Toronto, Monday, Feb.3, 2014. Canada’s top court will decide today on the validity of a now-repealed law that barred long-term Canadian expats from voting. Two Canadians living in the U.S., including Duong, launched the challenge to part of the Canada Elections Act.THE CANADIAN PRESS/Diana Mehta

Supreme Court rules restrictions on expat voting unconstitutional

The country’s top court said the restriction could not be justified

The Supreme Court of Canada has ruled a law that had restricted voting rights for long-term expats for the last 25 years was unconstitutional.

In a ruling today, the country’s top court said the restriction could not be justified.

The court said the idea of electoral fairness advanced by the government was vague.

The case was brought by two Canadians who have lived for years in the United States.

They maintained a 1993 law barring expats abroad for more than five years from voting violated their charter rights to vote.

The Liberal government scrapped the ban last month but the long-running case proceeded.

READ MORE: Trudeau faces questions about immigration, trade, Saudi arms deal

Jamie Duong, of Ithaca, N.Y., and Gill Frank, of Richmond, Va., argued nothing warranted the abridgment of their constitutional right to vote.

They insisted they maintain deep ties to Canada, and taxes and other laws passed by Parliament could still affect them.

They initially succeeded in court but lost on appeal, prompting the Supreme Court to weigh in.

The Liberal government did away with the ban last month but the court case proceeded.

The Canadian Press

Like us on Facebook and follow us on Twitter.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Abbotsford playgrounds to re-open Monday

City urges public to bring hand-sanitizer and maintain physical distancing

Police watchdog investigating after man injured during Abbotsford standoff

Man seriously injured during arrest on May 21 at Abbotsford hotel room

New executive director for Fraser Valley Child Development Centre

Karen Dickenson Smith succeeds Karen McLean, who has retired after 22 years

Annual Walk for Alzheimer’s goes online on May 31

Event held every year in Abbotsford now raising funds through virtual event

UPDATE: Man from Mexico reported missing in Abbotsford has been located

Police report that Antonio Fernandez, 29, has been found safe and sound

Only four new COVID-19 cases, 228 active across B.C.

Health officials watching as activities ramp up

Facing changes together: Your community, your journalists

New platform allows readers to make a one-time or ongoing donation to support local journalism

Feds looking at ways to reunite families amid COVID-19 border restrictions with U.S.

Some families with members of dual-citizenship have become separated due to the pandemic

Condition in kids with possible COVID-19 link being studied in Canada

This month, the U.S. Centers for Disease Control and Prevention issued an alert to doctors about MIS-C

‘I knew what he wanted’: Kootenay man spends hours in tree as black bear patrols below

Francis Levasseur is no stranger to the outdoors, but a recent run-in with a bear caused quite a scare

COVID cancelled their wedding plans, so they married on a BC mountaintop

Ceremony was live streamed to friends and family around the world

Trudeau acknowledges racial unrest in U.S.; ‘We also have work to do in Canada’

‘Anti-black racism, racism, is real; it’s in the United States, but it’s also in Canada,’ Trudeau says

State of Local Emergency declared for Boundary as communities brace for river flooding

Warm weather and heavy rain could cause sections of Kettle River system to swell beyond 2018 levels

Large cruise ships barred from Canadian waters until end of October: Garneau

Last year 140 cruise ships brought more than two million visitors to Canadian ports

Most Read