Cameron Miranda
Voting in Canada has not always been accessible to everyone. In the past, voting was considered a privilege, with only a select few being allowed to vote. Over the years, Canada's voting laws have evolved to become more inclusive, but there are still questions surrounding whether or not it is mandatory for citizens to exercise their right to vote. While Canadian citizens have the right to vote, there are no laws enforcing compulsory voting in the country.
| Characteristics | Values |
|---|---|
| Is voting mandatory in Canada? | No, it is not against the law not to vote in Canada. |
| Who can vote in Canada? | Every citizen of Canada has the right to vote in an election of members of the House of Commons or of a legislative assembly. However, throughout history, this has not always been the case. |
| Historical exclusions | - In 1867, only men aged 21 or older who were British subjects by birth or naturalized citizens and owned property could vote. |
- For many decades after 1867 and until 1920, a property-based qualification was required.
- Certain occupations (government workers, judges, and election officials) were excluded from voting for many years. Federally appointed judges first got the right to vote in 1988.
- From 1898 to 1993, many citizens with intellectual disabilities were disqualified from voting in federal elections.
- Prison inmates were disqualified from voting from 1898 until 2004.
- Until 2018, Canadians living abroad for extended periods were not allowed to vote unless serving in the military or federal civil service.
- Legislation barring women from voting was passed and later repealed in 1918.
- Inuit were explicitly excluded from voting until 1950.
- During wartime, Mennonites, Doukhobors, and Hutterites, among others, were restricted from voting because they opposed military service.
- Conscientious objectors were deprived of their voting rights in 1917 and from 1938 to 1955.
- During World Wars, some Canadians were denied the vote if they were born in or their primary language was that of an enemy country.
- Chinese Canadians were banned from voting in British Columbia until 1951.
- Status Indians were barred from voting provincially until 1969. | | Voting process | Electors receive a voter information card with details on when and where to vote. Employers must provide time off to vote, and employees must be paid for this time. |
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What You'll Learn
Voting is a right, not an obligation
Initially, in 1867, voting was considered a privilege reserved for a select group of individuals. Only men over the age of 21 who were British subjects, owned property, and met specific citizenship requirements were allowed to vote. This excluded the majority of the population, including women, racialised groups, and those without property.
Over time, the right to vote was gradually extended to a broader segment of the population. In 1918, Métis women and most Canadian women gained the right to vote, marking a significant step towards gender equality. However, it was not until 1950 that Inuit individuals were granted voting rights, and even then, their remote communities often faced challenges in accessing polling stations.
Voting rights for Canadians living abroad have also evolved. Before 2018, Canadians residing outside the country for extended periods were generally ineligible to vote unless they were affiliated with the military or federal civil service. However, a 2018 ruling by the Supreme Court of Canada recognised the voting rights of expat Canadians, regardless of the duration of their time abroad.
Today, the Charter of Rights and Freedoms guarantees the right to vote for all Canadian citizens, including prisoners. This right is protected under Section 3 of the Charter, which ensures democratic representation and participation in elections for the House of Commons and legislative assemblies.
Despite the expansion of voting rights, it is essential to acknowledge that voting is a choice. While it is a powerful tool for citizens to influence decision-making and shape their political landscape, it is not mandatory. Individuals may choose to exercise their right to vote or abstain from voting, depending on their personal beliefs and circumstances. Ultimately, voting is a civic privilege that empowers individuals to have a voice in the democratic process and contribute to the direction of their community, province, and country.
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Employers must give time off to vote
In Canada, voting is a Charter right. According to the Canada Elections Act, employers must give their employees time off to vote. This applies to all employers, and employees are entitled to three consecutive hours off on election day. Employers cannot impose a penalty or deduct pay from an employee who is taking time off to vote. If an employee's work schedule does not allow for three consecutive hours off to vote, the employer must give them sufficient time off to meet the requirement. For example, if an employee works from 11:00 a.m. to 7:00 p.m., the employer could allow them to arrive late (at 12:30 p.m.), leave early (at 6:30 p.m.), or give them three hours off sometime during the day.
Employers in the transportation industry are exempt from this obligation if the following four conditions are met: the employer transports goods or passengers by land, air or water; the employee is employed outside of their polling division; the employee is employed in the operation of a means of transportation; and the time off cannot be allowed without interfering with the transportation service.
The employer has the right to decide when during the workday to give this time off. Employers who fail to provide time off for voting or who deduct pay from employees who take time off to vote are liable to a fine of up to $2,000 or imprisonment for up to three months, or both. The Act also prohibits employers from interfering with the granting of three consecutive hours to vote through intimidation, undue influence, or other means. Employers who breach this prohibition are liable to a fine of up to $20,000 or imprisonment for up to one year, or both.
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Voting restrictions and their history
Voting restrictions in Canada have evolved over time, influenced by various social, political, and legal factors. Initially, the right to vote in Canadian colonies was limited, with the British bringing their system of elected assemblies, which had little power. The history of voting rights in Canada is complex and messy, with countless individuals fighting for their democratic rights.
In the early days of the European colony of New France, which encompassed modern-day Quebec and Ontario, the people were allowed to vote for syndics, representatives with no real authority, but this position was abolished after 1674, leaving New France largely undemocratic. When the British Empire took control in 1763, they introduced their system of elected assemblies, but these colonies were not truly democratic either.
For many decades after 1867, a property-based qualification restricted voting rights. Voters needed to own property, pay rent, or meet a certain annual income threshold. Additionally, until 1920, the responsibility for creating voters' lists shifted between provinces and the federal government, resulting in the disqualification of people in specific provinces.
First Nations men were offered the right to vote if they gave up their Indian status and treaty rights, and only one person accepted this offer. During the First and Second World Wars, First Nations men and women who served in the military gained the right to vote. It wasn't until 1960 that First Nations men and women achieved unconditional voting rights.
Race was also a factor in voting restrictions, with Chinese and Japanese Canadians facing barriers to voting. Changes to federal legislation eventually granted Chinese and South Asian Canadians the right to vote, and by 1951, the final restrictions in provincial elections were lifted. However, Status Indians were still required to give up their status to vote, and it wasn't until 1969 that they fully gained the right to vote in provincial elections without losing their status or treaty rights.
Other groups impacted by voting restrictions included Mennonites, Doukhobors, and Hutterites during wartime due to their opposition to military service. Conscientious objectors were also deprived of voting rights intermittently. Black Canadians were generally allowed to vote if they met eligibility criteria, but racism and discrimination often prevented them from casting their ballots.
Canada's electoral system aims to balance values such as certainty, accuracy, fairness, accessibility, voter anonymity, promptness, legitimacy, efficiency, and cost. The Charter right to vote is central to this balance. The struggle for voting rights in Canada has been a long and ongoing journey toward extending democratic rights to all citizens.
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Registration and eligibility requirements
Canada's electoral system must balance several sometimes conflicting values, including "certainty, accuracy, fairness, accessibility, voter anonymity, promptness, finality, legitimacy, efficiency and cost". The central value is the Charter right to vote.
Every Canadian citizen has the right to vote in an election of members of the House of Commons or of a legislative assembly. However, there are several registration and eligibility requirements to vote in Canada. Firstly, individuals must be on the list of electors, which is produced by Elections Canada from information in the National Register of Electors. Shortly after an election is called, Elections Canada will mail a voter information card to everyone on the list of electors. If an individual's name and address are correct, they should keep the card, as it serves as proof of registration and tells them when and where to vote. If an individual does not receive a voter information card, they may not be registered on the list of electors, and they should contact Elections Canada.
Individuals must also prove their identity and address to register and vote. This can be done by showing a piece of ID with their name on it, such as a fishing license, library card, or social insurance card. If an individual does not have any of the accepted forms of ID, they can still vote if they declare their identity and address in writing and have someone who knows them vouch for them. The voucher must be able to prove their identity and address and must reside in the same electoral district or adjacent electoral district as the person being vouched for.
In addition to these general requirements, there are some specific eligibility requirements for certain groups. For example, Canadians living abroad for extended periods of time were not allowed to vote until 2018 unless they were serving in the military or in the federal civil service. Additionally, inmates were disqualified from voting until 2004, and Status Indians were barred from voting provincially in some provinces until 1969.
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Voting methods and procedures
Voting Eligibility
Canada's voting history has been complex, with various restrictions based on gender, age, citizenship, property ownership, and even race. Today, every Canadian citizen has the right to vote in elections for members of the House of Commons or legislative assemblies, as outlined in Section 3 of the Charter of Rights and Freedoms. This includes Canadians living abroad, who, since 2018, can vote in federal elections regardless of how long they have been away. Additionally, prisoners have the right to vote, regardless of their sentence, and employers must provide their employees with time off to vote, as outlined in the Canada Elections Act.
Voting Procedures
Elections Canada manages the voting process and ensures its fairness and accessibility. Voter information cards are mailed to registered voters, informing them of when and where to vote. If a voter does not receive a card, they can register at a polling station on election day by providing proof of identity and address. Voting can be done in person at a polling station, by mail, or at an Elections Canada office before election day. Voters must declare their identity and address, and they are provided with a black lead pencil to mark their ballot, although they can use their pen if they prefer.
Electoral Boundaries
The distribution of electoral boundaries is essential for ensuring effective representation. Most jurisdictions in Canada have independent commissions that review and determine these boundaries, aiming for fairness and voter parity. While independent commissions are not mandated, the process must be fair, and the boundaries must reflect effective representation for all citizens.
Canada's voting methods and procedures continue to evolve to uphold the Charter right to vote and ensure that all citizens have a voice in electing their representatives.
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Frequently asked questions
No, it is not compulsory to vote in Canada. However, the Charter of Rights and Freedoms states that every citizen of Canada has the right to vote in an election of members of the House of Commons or of a legislative assembly.
Yes, you need to be registered to vote in Canada. You can check if you are registered to vote by referring to your voter information card, which will also tell you where and when you can vote. If you are not registered, you can do so at your polling station on election day.
You will need to bring proof of identity and address to the polling station. If you have a voter information card, take this with you when you go to vote.
Yes, you can vote by mail in Canada. You will need to complete an Application for Registration and Special Ballot, and provide proof of identity and home address. Once your application is accepted, you will be sent a special ballot voting kit by mail.
