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 Canada’s top court will decide today on the validity of a now-repealed law that barred long-term Canadian expats from voting.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

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 Canada’s top court will decide today on the validity of a now-repealed law that barred long-term Canadian expats from voting.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

Tabor Home in Abbotsford. (Ben Lypka/Abbotsford News)
B.C.’s largest COVID-19 care-home outbreak records 19 deaths, 147 cases

Tabor Home in Abbotsford has been battling outbreak since Nov. 4

Abbotsford residents gather in the Clearbrook area on Monday to demonstrate against what they say is unfairt treatment by the Indian government to farmers in the Punjab region of that country. (Maan Sidhu photo)
Abbotsford residents gather to protest unfair treatment of India farmers

Locals believe new bills will devastate small farms, demand farmers be allowed to protest peacefully

Menno Place. (Google Street View image.)
32 family members respond to Abbotsford care home’s plea for staffing help during COVID-19 outbreak

Menno Home asks for relief workers for food service, laundry and housekeeping

Christy Jordan-Fenton is the co-author of the book Fatty Legs, which has been mentioned amid the controversy of an Abbotsford school assignment on residential schools.
Fatty Legs co-author responds to Abbotsford class assignment on residential schools

Children’s book mentioned amid controversy at W. A. Fraser Middle School

The UFV Cascades men’s volleyball team added Nimo Benne (left) and Jonas Van Huizen for the 2021 season. (Submitted)
Langley’s Van Huizen, Netherlands native Benne signed by UFV Cascades

Men’s volleyball team picks up two strong pieces to prepare for 2021 Canada West season

A B.C. Ambulance Service paramedic wearing a face mask to curb the spread of COVID-19 moves a stretcher outside an ambulance at Royal Columbia Hospital, in New Westminster, B.C., on Sunday, November 29, 2020. THE CANADIAN PRESS/Darryl Dyck
B.C. records deadliest weekend of COVID-19 pandemic with 46 deaths; more than 2,300 cases

Provincial health officer Dr. Bonnie Henry provides COVID-19 update

A convoy of seven pickup trucks, six of which were hauling boats, makes its way around the Chilliwack Law Courts on Dec. 1, 2020. (Jenna Hauck/ Chilliwack Progress)
First court date for Fraser River anglers ticketed during demonstration fishery

Convoy of trucks circled the courthouse in downtown Chilliwack Tuesday honking their support

A sign is seen this past summer outside the Yunesit’in Government office west of Williams Lake reminding visitors and members to stay safe amid the COVID-19 pandemic. (Rebecca Dyok photo)
B.C. First Nation leaders await Commissioner decision on COVID-19 case information

Release of life-saving data cannot wait, says coalition of First Nations

MLA Jennifer Whiteside is also the minister of education. She is speaking out against Chilliwack school trustee Barry Neufeld and asking him to resign. (Black Press)
New education minister calls on Chilliwack trustee to resign

Whiteside echoes former minister’s promise to look at options to remove Barry Neufeld

Peter Beckett. ~ File photo
Supreme Court of Canada to decide if it will hear appeal in 2010 wife murder trial

Peter Beckett has stood trial twice for murder in connection with the death of his wife, Laura Letts-Beckett

A criminal trial for Robert Boule (inset), the owner of the Smuggler’s Inn, is to begin in August 2021, following a failed application to strike down immigration-act provisions that he is charged under. (Photo courtesy of The Northern Light newspaper)
Charter challenge quashed in case of U.S. man accused of human smuggling at his inn

Robert Boule’s criminal trial set to begin August 2021

Ash and Lisa Van carry a freshly cut Christmas tree while wearing personal protective masks at a Christmas Tree Farm in Egbert, Ontario, Sunday, Nov. 29, 2020 THE CANADIAN PRESS/ Cole Burston
‘Everyone wants a tree and they want it now’: Christmas tree sales on pace for record

Anticipated demand for Christmas trees has sparked a rush by some to purchase more trees wholesale

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

Business groups have been advocating for years that local approvals for construction in B.C. are too long and restricted, and that B.C.’s outdates sales tax deter business investment. (Black Press Media file photo)
B.C. residents worried about COVID-19 deficit, business survey finds

Respondents support faster local approvals, value added tax

Most Read