S2E7: Section 3 of the Charter - The Right to Vote

Charter: A Course - A podcast about Canadian Constitutional Law & Litigation

About the Series

Charter: A Course is a podcast created by the David Asper Centre for Constitutional Rights (the Asper Centre) and hosted by the Asper Centre’s Executive Director Cheryl Milne. 

Charter: A Course focuses on Canadian constitutional law and litigation. In each episode, we highlight the accomplishments of U of T Law’s faculty and alumni involved in leading constitutional cases and issues. Each episode also includes a “Practice Corner,” where we talk about the ins and outs of what it means to be a constitutional litigator.  

Whether you are a law student, a lawyer, or just an interested person, we hope that you learn about an aspect of constitutional law and litigation that interests you in our podcast.

Show Notes

With the help of our distinguished guest, Professor Michael Pal, we discuss the history of the right to vote in Canada. Looking at the jurisprudence on how certain groups gained the right to vote over time, we consider how democracy has evolved in our country, and the role courts must play in protecting this fundamental freedom.

In the episode’s Practice Corner, we speak with Diego Christiansen-Barker, Khadijat Dairo and Katie Yu, 3 of the youth litigants who are involved in a court challenge to help young people in Canada gain the right to vote.

Find a Full transcript of this episode HERE.

Case Links

In this episode, the following cases and statutes were discussed:

B.C. Freedom of Information and Privacy Association v. British Columbia (Attorney General), 2017 SCC 6

Fitzgerald v. Alta., 2004 ABCA 184

Frank v. Canada (Attorney General), 2019 SCC 1

Reference re Secession of Quebec, [1998] 2 SCR 217

Sauvé v. Canada (Chief Electoral Officer), 2002 SCC 68

Toronto (City) v. Ontario (Attorney General), 2021 SCC 34

Reference re Prov. Electoral Boundaries (Sask.), [1991] 2 SCR 158

Organizations:

Justice for Children and Youth

About the Asper Centre

The Asper Centre, a part of the University of Toronto’s Faculty of Law since 2008, is devoted to realizing constitutional rights through advocacy, research and education. The Centre aims to play a vital role in articulating Canada’s constitutional vision to the broader world. The cornerstone of the Centre is a legal clinic that brings together students, faculty and members of the bar to work on significant constitutional cases and advocacy initiatives. The Centre was established through a generous gift from U of T law alumnus David Asper (LLM ’07). 

Thank You’s

Charter: A Course is proudly sponsored by the University of Toronto’s affinity partner TD Insurance. We would like to thank our sponsor, and you can discover the benefits of affinity products at bit.ly/affinity-offers

We would like to thank the creators of our theme music for Charter: A Course. Constitutional law professor Howie Kislowicz and law professor Rob Currie gave us the licence to use their constitutional law shanty in exchange for a donation to the Calgary Food Bank. The song’s performers are: Vanessa Carroll, Rob Currie, Howie Kislowicz, Avinash Kowshik, Anna Lund, Patricia Paradis, Elin Sigurdson, Lyle Skinner, and Dave Wright. You can listen to the entire shanty here: Charter a Course. Please consider contributing to your local food bank!

Thank you to Kathryn Mullins and Marisa Benjamin, JD students at the University of Toronto Faculty of Law, for their contributions to the production of this episode.

Thank you to our wonderful guests on this episode, Michael Pal, Diego Christiansen-Barker, Khadijat Dairo and Katie Yu!

Thank you to our audio editor Liam Morrison of Bell Room Media Solutions.