light painting on a Muskoka lake, Ontario (July 2010)
This is a hot-button topic currently, since the 2015 Federal Election was called on August 2. It will be held on October 19, which will make this the longest campaign in Canadian history (11 weeks).
The latest news for Canadian expats was announced last month: on July 20, the Ontario Court of Appeal ruled 2-1 in favour of upholding voting restrictions for Canadians who have been living out of the country for more than five years. This has been part of the Canada Elections Act since 1993, but just paying a visit to Canada reset the five-year limit. That policy was changed in 2007 when Ottawa decided to enforce the five-year rule through residency only and NOT counting visits. An appeal to Ontario Court was brought on by two Canadians living in the U.S. who argued — in part — that expatriatism is necessary when Canada lacks jobs in specific fields, and the lower court ruled in their favour. In May 2014, an Ontario Supreme Court Justice ruled that parts of the Act were unconstitutional, making voting a possibility again. But then the federal government appealed that decision, and the current ruling of upholding voting restrictions to long-term expats is where it stands now. The judges don’t agree, but there is probably not enough time for another appeal to the Supreme Court before the Federal Election in October.
Related articles:
Globe & Mail / Jan 5, 2015: Feds fight to deny long-term expats right to vote as case heads to appeal
Globe & Mail / Jul 20, 2015: Long-term Canadian expats denied right to vote, court rules
Expat reaction on G&M’s Facebook page
National Post / Jul 29, 2015: ‘I’m Canadian’: Expat actor Donald Sutherland blasts inability to vote in federal elections
Been An Expat Less Than Five Years And Want To Vote? There’s A Catch
If voting restrictions continue as is, this is the last Federal Election I’ll be eligible for. But I can still vote for this one, right? Only if I fill in Box 10:
That’s right. I need to come up with a date. Elections Canada says I can change it by phoning them to give them a new date, but that doesn’t change the fact that I need to fill in that box in the first place and whatever I put there will expire at some point and then I have to come up with another.
This has sparked a major debate amongst Canadian citizens everywhere, because it raises many questions about what citizenship means.
- If you are offered a job in another country and you take it, does that make you less Canadian?
- All criminals in Canada have a right to vote despite not paying taxes or having any direct connection to the community — the same argument for why expats shouldn’t be allowed to vote. What’s with this double standard?
- How did anyone come up with five years non-residency as a voting limit?
- What if an expat is in Canada very often?
- Isn’t dealing with the hassle of voting out of the country enough of a reason to prove one’s commitment to the country and the electoral/democratic process?
- Box #10 isn’t a “real” (read: enforceable) commitment, so why even have it?
I only have one passport, and Canada is the only country which I can cast a vote for. Shouldn’t Canada be encouraging its citizens to vote? There was such a lousy turnout last time: 61.1% on May 2, 2011. (Yes, I voted.)
Anyway, if you’re in my position (rock to the left, hard place to the right), you might be wondering, too, about Box 10.
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