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Canada
General Right to
Vote
Constitution:
(1982: The Constitution Act)
Section 3 "Electoral Rights" states: "Every citizen
of Canada has the right to vote in an election of members of the House
of Commons or of a legislative assembly and to be qualified for membership
therein."
Specific Inclusion
of People with Disabilities
Constitution:
(1982: The Constitution Act)
Section 14 states: "A party or witness in any proceedings
who does not understand or speak the language in which the proceedings
are conducted or who is deaf has the right to the assistance of an interpreter."
Voter Assistance
By Other Citizens
Electoral Law:
(December 2000)
Section 154, subsection (1) states: "The deputy returning
officer, on request by an elector who is unable to vote in the manner
prescribed by this Act because he or she cannot read or has a physical
disability, shall assist the elector in the presence of the poll clerk."
Section 155 states: "
o (1) If an elector requires assistance to vote, a friend or relative
may accompany the elector into the voting compartment and assist the elector
to mark his or her ballot.
o (2) No person shall as a friend assist more than one elector for the
purpose of marking a ballot.
o (3) A friend or relative who wishes to assist an elector in marking
a ballot shall first take an oath in the prescribed form, stating that
he or she: (a) will mark the ballot in the manner directed by the elector;
(b) will not disclose the name of the candidate for whom the elector voted;
(c) will not try to influence the elector in choosing a candidate; and
(d) has not, during the current election period, assisted another person,
who is not a relative, to mark a ballot."
o (4) No friend or relative who assists an elector under this section
shall, directly or indirectly, disclose the candidate for whom the elector
voted."
Section 156 states: "A deputy returning officer may appoint
and swear a language or sign language interpreter to assist the officer
in communicating to an elector any information that is necessary to enable
him or her to vote."
Poll Worker Manuals:
Deputy Returning Officer and Poll Clerk of the Polling Station on Polling
Day
Provision exists for people who are deaf, mute, have a visual disability,
or cannot make themselves understood by poll worker (32).
The above voters must make oath or sign solemn declaration that
they cannot mark their ballots. (29-30)
Promotes Access
Electoral Law:
(December 2000)
Section 154, subsection (2) states: "The deputy returning
officer shall, on request, provide a template to an elector who has a
visual impairment to assist him or her in marking his or her ballot."
Section 159, subsection (1) states: "An elector who is in
a wheelchair or who has a physical disability, and who is unable to vote
without difficulty in his or her polling division because it does not
have a polling station with level access, may apply for a transfer certificate
to vote at another polling station with level access in the same electoral
district."
Section 409, subsection (1) states, "Personal expenses of
a candidate are his or her electoral campaign expenses, other than election
expenses, that are reasonably incurred in relation to his or her campaign
and include
(d) in the case of a candidate who has a disability,
additional personal expenses that are related to the disability.
Polling Place Manuals:
A Guide for Polling Place Officials
Blind Voter Ballot Template Provision p 1-4
Off-Site Voting
Alternatives
Electoral Law:
(December 2000)
Section 157, subsection (1) states: "At a polling station
that has been established in a home for the aged or in a chronic care
facility, when the deputy returning officer considers it necessary, the
deputy returning officer and the poll clerk shall: (a) suspend temporarily
the voting in the polling station; and (b) with the approval of the person
in charge of the institution, carry the ballot box, ballots and other
necessary election documents from room to room in the institution to take
the votes of electors who are confined to bed and ordinarily resident
in the polling division in which the institution is situated."
Section 157, subsection (2) states: "When the vote of an elector
who is confined to bed is taken, the deputy returning officer shall give
the elector the assistance necessary to enable the elector to vote, and
not more than one representative of each candidate may be present."
Section 243.1, subsection (1) states, "On application of an
elector who is unable to read, or who is unable to vote in the manner
described in this Division because of a physical disability, and who is
unable to personally go to the office of the returning officer because
of a physical disability, the designated election officer shall go to
the elector's dwelling place and, in the presence of a witness who is
chosen by the elector, assist the elector by (a) completing the declaration
on the outer envelope and writing the elector's name where the elector's
signature is to be written; and (b) marking the ballot as directed by
the elector in the elector's presence."
Section 243.1, subsection (2) states, "The election officer
and the witness who assist an elector under subsection (1) shall indicate,
by signing the note on the outer envelope, that the elector was assisted."
Polling Place Manuals:
Deputy Returning Officers' Handbook for Complying with the Municipal Elections
Act (1994)
Provision for creation of a polling place in or upon the premises
of an institution that is either occupied by more than twenty persons
who are disabled, an institution, including a hospital, a psychiatric
facility, a home for the aged and a nursing home, which has twenty or
more beds occupied by persons who are chronically ill or infirm, or a
retirement home which has fifty or more beds occupied p. 66
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