• Proposal: Pass a city ordinance allowing permanent residents to vote in municipal elections in Edmonton.

• Legal Challenge: Extend federal inclusion for democratic fairness.

Constitutional Challenge Summary: Enfranchising Permanent Residents in Municipal Elections

Objective:

To challenge the constitutionality of municipal voting restrictions that exclude permanent residents, arguing that such exclusion violates the Charter of Rights and Freedoms and is incompatible with foundational democratic principles.

Legal Basis:

⚖️ 1. Section 3 – Democratic Rights

“Every citizen of Canada has the right to vote in an election of members of the House of Commons or of a legislative assembly…”

• While Section 3 explicitly protects voting rights for citizens at the federal and provincial levels, it does not mention municipal elections.

• Therefore, municipal voting rights are not constitutionally limited to citizens—this opens the door for a Charter-based argument under other sections.

⚖️ 2. Section 15 – Equality Rights

“Every individual is equal before and under the law… without discrimination based on… national or ethnic origin…”

• Permanent residents are denied the right to vote solely due to their citizenship status, which is closely linked to national origin.

• This exclusion arguably creates a disadvantage in participating in local governance despite:

  • Paying taxes

  • Living long-term in communities

  • Often having children in public schools and working in local economies

⚖️ 3. Section 1 – Reasonable Limits Clause

• The government must justify any infringement of Charter rights under the Oakes test.

• It will be difficult to prove that excluding permanent residents from voting in municipal elections is a pressing and substantial objective, especially since:

  • Municipalities are creatures of the province (no inherent sovereignty)

  • Many global jurisdictions already allow PR voting locally (e.g., New Zealand, Ireland, some U.S. cities)

⚖️ 4. Section 7 – Life, Liberty and Security of the Person

• Though less direct, one could argue that being excluded from civic participation where decisions directly impact housing, policing, transit, and public health violates the broader principles of personal security and liberty under Section 7.

• Courts have hesitated to expand Section 7 into positive rights like voting, but in combination with Sections 15 and unwritten constitutional principles, it could strengthen the claim.

Supporting Constitutional Principles:

• Implied Rights to Local Democracy: While not explicitly protected, democratic participation is a foundational principle of Canadian constitutionalism.

• Progressive Interpretation: Courts are open to evolving understandings of democratic rights, particularly at non-federal levels.

• International Law Considerations: Canada is party to the International Covenant on Civil and Political Rights (ICCPR), which encourages the broadest possible participation in civic life.

Remedy Sought:

• A declaration that limiting municipal voting to Canadian citizens violates the Charter and is not justified under Section 1.

• An order directing the provincial legislature (e.g., Alberta or Ontario) to amend municipal election laws to permit permanent residents to vote in local elections.