CABA making oral arguments before the Supreme Court of Canada this Wednesday
This Wednesday, the Supreme Court of Canada will hear oral argument in Gillian Frank et al. v. Attorney General of Canada. The CABA is an intervener in this appeal and will be the first, among all interveners, to make oral submissions to the court. As referenced in prior CABA news releases, the Frank case concerns two U.S.-resident Canadian citizens who are making a Charter challenge to the provisions of the Canada Elections Act that deny the right to vote to Canadians who have resided outside of Canada for more than five years.
The CABA’s arguments before the high court on Wednesday will focus principally on two issues: (i) that the Charter-protected right to vote is virtually unconditional and should be applied to all Canadian citizens equally, regardless of whether the citizen lives in Canada or has lived abroad for more than five years; and (ii) a 2009 decision from South Africa’s Constitutional Court that struck down then-existing restrictions on South African expatriates’ right to vote ought to be instructive and persuasive here.
The CABA is represented by Blake, Cassels & Graydon, LLP. Bradley E. Berg, a Blakes partner, will be arguing on behalf of the CABA at the hearing. The live feed of the appeal is available at: https://www.scc-csc.ca/