Reference re Provincial Electoral Boundaries (Sask.)
Encyclopedia
Reference re Prov. Electoral Boundaries (Sask.), [1991] 2 S.C.R. 158 is a landmark decision of the Supreme Court of Canada
on the right to vote under section 3
of the Canadian Charter of Rights and Freedoms
. The Court rejected the US principle of "one man, one vote" from the US Supreme Court decision of Baker v. Carr
(1962), and instead held that the right to vote meant "effective representation".
passed a law establishing a commission to revise the provincial electoral boundaries. The Act created a quota for rural and urban constituencies, and required that the boundaries conform with the existing municipal boundaries. Consequently, the degree of representation between the districts varied between 15 and 25%.
, writing for the majority, held that the deviation between districts did not violate section 3 of the Charter. She stated that "the purpose of the right to vote in section 3 of the Canadian Charter of Rights and Freedoms is not equality of voting power but the right to 'effective representation'. Our democracy is a representative democracy. Each citizen has the right to be represented within the governmental edifice." However, the decision also meant that constituencies should have a reasonably similar number of voters for the representation to be effective; room for disproportionality was allowed due to geographical limits in drawing boundaries and to give minorities more representation within a constituency.
Justice Cory, writing in dissent, held that the provincial government should not be able to impose restrictions on boundaries revision committee, and accordingly, there should be a violation of section 3 of the Charter.
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
on the right to vote under section 3
Section Three of the Canadian Charter of Rights and Freedoms
Section Three of the Canadian Charter of Rights and Freedoms is a section of the Charter that constitutionally guarantees all Canadian citizens the democratic right to vote in a general federal or provincial election and the right to be eligible for membership in the House of Commons or of a...
of the Canadian Charter of Rights and Freedoms
Canadian Charter of Rights and Freedoms
The Canadian Charter of Rights and Freedoms is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act, 1982...
. The Court rejected the US principle of "one man, one vote" from the US Supreme Court decision of Baker v. Carr
Baker v. Carr
Baker v. Carr, , was a landmark United States Supreme Court case that retreated from the Court's political question doctrine, deciding that redistricting issues present justiciable questions, thus enabling federal courts to intervene in and to decide reapportionment cases...
(1962), and instead held that the right to vote meant "effective representation".
Background
The government of SaskatchewanSaskatchewan
Saskatchewan is a prairie province in Canada, which has an area of . Saskatchewan is bordered on the west by Alberta, on the north by the Northwest Territories, on the east by Manitoba, and on the south by the U.S. states of Montana and North Dakota....
passed a law establishing a commission to revise the provincial electoral boundaries. The Act created a quota for rural and urban constituencies, and required that the boundaries conform with the existing municipal boundaries. Consequently, the degree of representation between the districts varied between 15 and 25%.
Opinion of the Court
Justice McLachlinBeverley McLachlin
Beverley McLachlin, PC is the Chief Justice of Canada, the first woman to hold this position. She also serves as a Deputy of the Governor General of Canada.-Early life:...
, writing for the majority, held that the deviation between districts did not violate section 3 of the Charter. She stated that "the purpose of the right to vote in section 3 of the Canadian Charter of Rights and Freedoms is not equality of voting power but the right to 'effective representation'. Our democracy is a representative democracy. Each citizen has the right to be represented within the governmental edifice." However, the decision also meant that constituencies should have a reasonably similar number of voters for the representation to be effective; room for disproportionality was allowed due to geographical limits in drawing boundaries and to give minorities more representation within a constituency.
Justice Cory, writing in dissent, held that the provincial government should not be able to impose restrictions on boundaries revision committee, and accordingly, there should be a violation of section 3 of the Charter.