The 180

Should long-term expats get the vote?

This week, an Ontario Court upheld the law that says Canadians who have lived abroad for more than 5 years, cannot vote. We hear from someone who thinks that's the way it should be, and from another who says expats have as much of a right to vote as anyone else.
(Chris Young/The Canadian Press)

Ontario's Court of Appeal has ruled that Canadians who've lived outside the country for an extended period, don't have the right to vote. In 1993, the government overhauled the Elections Act -letting expat Canadians vote for the first time - but only until they've been out of the country for 5 years. This week, in a charter challenge brought by two Canadians living in the US, the Ontario Court of Appeal upheld the law.
  
The court ruled that letting people who live outside the country decide Canada's laws, would undermine the legitimacy of government. Writing for the majority of the justices, Justice George Strathy ruled "Permitting all non-resident citizens to vote would allow them to participate in making laws that affect Canadian residents on a daily basis but have little to no practical consequence for their own daily lives."

Norman Spector thinks there should be a limit on an expatriate's right to vote. He was Chief of Staff to Prime Minister Brian Mulroney, and in 1992 became Ambassador to Israel and the Palestinian Authority. Among his reasons, Canadians living abroad may have conflicting priorities. Spector gives an example from his time in Israel, and how Israeli-Americans could vote in US elections.

The Democrat and Republican parties would come campaign among the Israelis. Now let me tell you, Israeli-Americans were not voting for the presidential candidate who would do the best job for the United States of America. They were voting for the presidential candidate who would do the most to buttress Israel's interests. These were permanent citizens of Israel, voting in US elections. That seems to me absurd.- Norman Spector, former Ambassador to Israel and the Palestinian Authority



Leonid Sirota disagrees. He is a Canadian citizen, but has spent several years outside of Canada as doctoral student in law at New York University. He says, it doesn't matter what voting priorities a Canadian citizen has, no matter where in the world they are. 

We don't ask citizens what their votes are based on. We don't ask them to be informed, model citizens. If anything, someone who takes the time to vote outside of Canada, which is quite complicated, someone who jumps through those hoops, I think it's fair to presume that they're quite committed to the Canadian democracy.- Leonid Sirota, Canadian, and Doctoral student in Law at NYU

Since the Ontario Court of Appeal upheld the law, Canadian expatriates lose the right to vote after 5 years outside the country. However, the case may be appealed to the Supreme Court of Canada.