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