Hyperlawhypertext legal database Sauvé v. Canada (Attorney General) [1993] 2 SCR 438

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Sauvé v. Canada (Attorney General)

[1993] 2 SCR 438 Court SCC Decision date 1993-05-27 Docket 22961, 22962 English

PartiesThe Attorney General of Canada and the Solicitor General of Canada Appellants·Richard Sauvé Respondent·The Chief Electoral Officer of Canada Respondent·The Attorney General of British Columbia Intervener·Her Majesty The Queen Appellant·Walter Stanley Belczowski Respondent

Judges Lamer, Antonio; La Forest, Gérard V.; L'Heureux-Dubé, Claire; Sopinka, John; Gonthier, Charles Doherty; Cory, Peter deCarteret; McLachlin, Beverley; Iacobucci, Frank; Major, John C.

Decision 8–1 Majority (8) · Iacobucci J. (1)

On appeal from Ontario

Subjects Constitutional law

Contents

Majority

The judgment of the Court was delivered orally by

Iacobucci J.

Iacobucci J. ‑‑ We are all of the view that these appeals should be dismissed.
The Attorney General of Canada has properly conceded that s. 51(e) of the Canada Elections Act, R.S.C., 1985, c. E-2, contravenes s. 3 of the Canadian Charter of Rights and Freedoms but submits that s. 51(e) is saved under s. 1 of the Charter . We do not agree. In our view, s. 51(e) is drawn too broadly and fails to meet the proportionality test, particularly the minimal impairment component of the test, as expressed in the s. 1 jurisprudence of the Court.
Accordingly, the first constitutional question is answered in the affirmative and the second constitutional question is answered in the negative.
Consequently, both appeals are dismissed with costs.
Judgment accordingly.
Solicitor for the appellants: John C. Tait, Ottawa.
Solicitors for the respondent Richard Sauvé: O'Connor, Bailey & Napier, Kingston.
Solicitors for the respondent Walter Stanley Belczowski: Brimacombe, Sanderman, Stroppel & Finlayson, Edmonton.
Solicitor for the intervener the Attorney General of British Columbia: The Attorney General of British Columbia, Victoria.

Statutes and regulations cited