OTTAWA, Jan. 11 (Xinhua) -- Canada's Supreme Court on Friday ruled 5-2 that voting restrictions on two Canadian expats are unconstitutional.
"The disenfranchisement of these citizens not only denies them a fundamental democratic right, but also comes at the expense of their sense of self-worth and their dignity," said Chief Justice Richard Wagner.
The two expats Gillian Frank and Jamie Duong working at American universities challenged Canada's federal voting restrictions after being unable to vote in the country's federal election of 2011. The law then said non-resident citizens could not vote if they had lived more than five years abroad.
It is reported that as of 2009, 1.4 million Canadians had been living abroad for more than five years.
A lower-court judge had found the voting prohibition unconstitutional, saying that the restrictions had the effect of making non-resident Canadians second-class citizens.
But the Ontario Court of Appeal then ruled 2-1 that the law could stand because non-residents do not live with the consequences of their votes on a daily basis.
The two expats appealed to the Supreme Court and lawyers for them said that Canadians who leave the country tend to do so for work-related reasons but maintain their connection to Canada.
"The inability to vote leaves them with no voice in the direction or well-being of the country, even though many of them have strong connections, including family in Canada, and wish to return," the lawyers said in their written argument filed with the Supreme Court. "The voting restrictions harm the dignity and sense of belonging of expatriates."
Last month, the Canadian government passed Bill 76 which amends the Canada Elections Act. Under the bill, voters residing in other countries must only prove their identity and show proof of their previous address to determine the riding in which their ballot would be cast.
