Mr. Speaker, I am thankful for the opportunity to speak to the issue raised by the member for London—Fanshawe back in October, which is why we are here this evening. That is the issue of non-resident Canadian citizens voting in federal elections. I would like to start by saying that this government is firmly supportive of enhancing electoral participation of all kinds.
The right to vote is a fundamental democratic right, enshrined in section 3 of the Canadian Charter of Rights and Freedoms. The constitutional enshrinement of this right reflects the centrality of voting in our democratic system, as well as its essential link to Canadian citizenship. The charter protects and promotes the right of each citizen to play a meaningful role in the political life of our country. As Chief Justice McLachlin stated in the Saskatchewan Electoral Boundaries reference, “the Canadian tradition as one of evolutionary democracy moving in [gradual] steps toward the goal of universal suffrage...
The special voting rules in the Canada Elections Act, which set out how non-resident Canadian citizens may vote, constitute one such step. Before 1993, the only non-resident Canadians who were able to vote in federal elections were generally members of the Canadian Forces and the federal public service. The special voting rules marked a watershed moment in the enfranchisement of non-resident citizens. Introduced in 1993, the rules extended, for the first time, voting to non-resident citizens who did not fall under the two exceptional categories.
At the time, after much debate in this place, Parliament saw fit to impose three limitations on non-resident voting: namely, first, a requirement of prior residence in Canada; second, a requirement that the non-resident elector have resided outside of Canada for fewer than five years, with certain exceptions; and, third, the requirement that the elector intended to resume ordinary residence in Canada at some point in the future.
After the latter two limits were challenged in July 2015, the Ontario Court of Appeal held that the five-year cut-off and the requirement of an intent to return constituted reasonable limitations on the right to vote under section 1 of the charter. That judgment has been appealed to the Supreme Court of Canada. On October 20, the Attorney General of Canada filed her factum defending the right of Parliament to make the choice that it did in 1993 as being within the bounds of constitutionality.
The Minister of Democratic Institutions is firmly committed to enhancing the participation by Canadians in the electoral process. That is why we have just introduced Bill C-33, legislation that, if passed, will enable electors who have lived for more than five consecutive years outside of Canada to vote, and electors will not need to state their intent to return.
The government believes that Canadian democracy should be inclusive and in tune with the realities of an increasingly interconnected world. I look forward to the hon. member's contribution to the discussion when we debate Bill C-33 in this House.