Disenfranchisement: Objectives and Objections : Looking Beyond the Rhetoric

Abstract

Since the entrenchment of the Cana-dian Charter of Rights and Freedoms in 1982, much debate has focused on the legal, equali-ty, and democratic rights of both individuals and groups. While acknowledging the pro-gress in areas such as legal and equality rights, debates regarding democratic rights seem timeless and unsusceptible to the idea of the “living tree.”; This paper will analyze the high-ly controversial debate surrounding prisoner disenfranchisement and assert that voting is a fundamental right in democratic society. Through the analysis of the political objectives as well as the upholding and dissenting judge-ments in Sauvé 2, a decision where the Court held that prisoners have the right to vote un-der section 3 of the Canadian Charter of Rights and Freedoms [...]