Canadian Charter of Rights and Freedoms |
---|
Part of the Constitution Act, 1982 |
Preamble |
Guarantee of Rights and Freedoms |
1 |
Fundamental Freedoms |
2 |
Democratic Rights |
3, 4, 5 |
Mobility Rights |
6 |
Legal Rights |
7, 8, 9, 10, 11, 12, 13, 14 |
Equality Rights |
15 |
Official Languages of Canada |
16, 16.1, 17, 18, 19, 20, 21, 22 |
Minority Language Education Rights |
23 |
Enforcement |
24 |
General |
25, 26, 27, 28, 29, 30, 31 |
Application |
32, 33 |
Citation |
34 |
Section 3 of the Canadian Charter of Rights and Freedoms constitutionally guarantees Canadian citizens the right to vote for a federal and provincial representative and the right to be eligible for membership in the House of Commons or of a provincial legislature. The rights provided under section 3 of the Charter may be subject to reasonable limits under Section 1 of the Charter.
Section 3 is one of the provisions in the Charter that cannot be overridden by Parliament or a legislative assembly under Section 33 of the Charter, the notwithstanding clause. Section 3's exemption from Section 33 provides extra legal protection to the right to vote and it may prevent Parliament or the provincial governments from disenfranchising any Canadian citizen for ideological or political purposes, among others.
Section 3 has been interpreted by the Supreme Court of Canada to strike down legislation preventing prisoners, persons in mental institutions, and non-resident Canadians from voting.