Figueroa v. Canada (Attorney General)

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Figueroa v. Canada (Attorney General)

Hearing: November 5, 2002
Judgment: June 27, 2003


Full case name:	Miguel Figueroa v. Attorney General of Canada
Citations:	[2003] 1 S.C.R. 912, 2003 SCC 37
Ruling:	Figeroa appeal allowed

Court membership

Chief Justice: Beverley McLachlin
Puisne Justices: Charles Gonthier, Frank Iacobucci, John C. Major, Michel Bastarache, Ian Binnie, Louise Arbour, Louis LeBel, Marie Deschamps

Reasons given

Majority by: Iacobucci J.
Joined by: McLachlin C.J. and Major, Bastarache, Binnie and Arbour JJ.
Concurrence by: LeBel J.
Joined by: Gonthier and Deschamps JJ.

Figueroa v. Canada (Attorney General), [2003] 1 S.C.R. 912 is a leading Supreme Court of Canada decision on the right to participate in a federal election under section 3 of the Canadian Charter of Rights and Freedoms. The Court struck down a provision requiring a political party to nominate 50 candidates before receiving certain benefits.

1 Background
2 Opinion of the court
3 See also
4 External link

[edit] Background

Miguel Figueroa, the leader of the Communist Party of Canada, challenged the constitutionality of section 24 and 28 of the Canada Elections Act providing for a 50 candidate threshold as a violation of section 3 of the Charter.

[edit] Opinion of the court

Iacobucci, writing for the majority, stated that section 3 protects not just the right to vote but also provides the right of every citizen to participate in politics. The right ensures that each citizen can express an opinion about the formation of the country's public policy and the country's institutions. However, Iacobucci noted that section 3 does not protect unlimited participation. Rather it protects:

the right of each citizen to play a meaningful role in the process; the mere fact that the legislation departs from absolute voter equality or restricts the capacity of a citizen to participate in the electoral process is an insufficient basis on which to conclude that it interferes with the right of each citizen to play a meaningful role in the electoral process

For a violation to be found there must be a prohibition against "meaningful" participation.