Colby Cosh: The Supreme Court faces the emo drama of expatriate voting

Good if somewhat disjointed commentary:

On Wednesday the Supreme Court will hold a hearing in Frank vs. Canada, a test case on the voting rights (in federal elections) of expatriate Canadian citizens. Everybody agrees that they definitely have some. The Charter is unambiguous about assigning such a right to all Canadian citizens. The question is whether this is a right that can be temporarily withdrawn, as the law now does, from a Canadian who has been apart from Canada for some time and is outside the reach of its law and institutions.

Lower courts have already offered conflicting answers, so it is hard to be sure what the Supreme Court will do. But emotional framing is bound to weigh a great deal in the final argument. In the court of origin, the government made an argument that letting long-term expatriates vote was unfair to the poor wretches who are trapped in Canada and who have no choice but to live with its government.

This was a sort of “dilution of voting power” argument, but it had the effect of sounding like the legal arguments that used to be made against prisoner voting — arguments that were ultimately thrown out. The Supreme Court approved inmate voting in 2002; having been asked “Hang on, you’re going to let a convicted rapist have the same voice in government as his victim?”, it returned what is now the accepted answer. “Yes, that’s the nature of a right. Like it or not, rapists have ’em too.”

This involves us in some logical awkwardness, because convicts have plenty of other rights whose free exercise we forbid after due process of law. But on the other hand, prisoners are definitely stuck with the Canadian state, and with its exclusive privilege of retaliatory violence, in an even more obvious sense than free residents are. It would thus be a bit weird to make Canada’s determination to count convict votes part of an argument, by extrapolation, for expatriate voting.

Weird or not, that’s what the originating judge did. He saw these as analogous questions of personal dignity. We don’t want to devalue or question the Canadian-ness of people who have been away for many years, but who feel Canadian and insist on being Canadian.

The majority on the Ontario Court of Appeal panel that next heard Frank vs. Canada cleared its throat and said, as it were, “Whoa, let’s start over.” Those judges chose a guiding metaphor that had not been used in the original contest: the philosophically notorious “social contract.” Resident citizens have duties and obligations that expatriates don’t: obvious ones include taxes and compulsory jury service (how would expatriates like to be reeled back in for that?), but there is also the big, obvious one of “being subject to Canadian law,” the vast obsidian bulk of which applies only on Canadian soil. Moreover, we exclude non-resident citizens from social entitlements like public health insurance.

But there is nothing in the text of the Charter that requires or urges a “social contract” framing of core democratic rights. The appeal court was, as I see it, trying to find a way of dressing common sense in legal language — asking, in effect, “Hang on: we’re really going to let U.S. taxpayers with Canadian passports vote in Canadian elections?” We have seen what often happens to such “Hang on …” arguments at the Supreme level.

Until recently, no one had considered letting expatriate citizens vote as a matter of right. The whole issue cropped up because Canadian law had, from the First World War on, to devise obviously desirable provisions for voting by Canadians who are abroad in uniform and in the foreign service. Citizens who are away from Canada just because there is more money or opportunity or sunshine somewhere else are not in the same position as those who are actual living tendrils of the Canadian state. But since the law makes a distinction between mere economic expats and offshore agents of Canada, the expats have an opportunity to denounce the distinction and wriggle through the hole.

For some reason, everyone recognizes that the “expatriates have a right to express Canadian identity” argument does not quite work for provinces. A Quebecer living in B.C. is likely to have a meaningful, even essential personal connection to Quebec, but there exists no legal concept of Quebec citizenship, or at least none recognized by the federal government.

I wonder, though, whether the resident citizen’s right to vote in federal elections could be logically severed from mere geographic accident, if we are going to adopt that view of things. Shouldn’t I be allowed to vote for a member of parliament in my hometown, although I no longer know much of its concerns and circumstances in detail, and almost never visit? Bon Accord, Alta., did form my character! And I suppose I care about it! From a polite distance!

Some Canadian citizens might be able to claim a right to cast a vote in many places with which they have some prior connection — maybe even an ancestral one. The opportunities for tactical voting would be hilarious. On what grounds could this kind of frenzy be ruled out, in logic, if the emotional principles of disfranchised expatriates are admitted by the law?

Source: Colby Cosh: The Supreme Court faces the emo drama of expatriate voting


Hungary Citizenship Plan Reaches 1 Million Mark in Orban Boost – Bloomberg

Electoral strategy:

Hungary’s program to extend citizenship to ethnic kin who are nationals of other countries reached the 1 million mark, boosting Prime Minister Viktor Orban’s already strong chances for re-election next year.

The millionth citizenship under the program, one of the first laws approved by parliament after Orban returned to power in 2010, was awarded to a 36-year-old ethnic Hungarian farmer in Serbia, President Janos Ader said at a ceremony in Budapest over the weekend that Orban also attended.

Ethnic Hungarians living abroad, most of them in areas of neighboring countries that were cut off from Hungary after World War I, overwhelmingly backed Orban in the 2014 parliamentary elections, when more than 95 percent of almost 130,000 of those votes were for the premier’s Fidesz party. Fidesz has a wide lead in all opinion polls over a fragmented opposition ahead of elections next year, where Orban is looking to further consolidate the first “illiberal state” in the European Union, modeled on Russia and Turkey. Orban has said he expects elections to take place in April.

Unlike hundreds of thousands of Hungarians who’ve moved West, ethnic kin living abroad who’ve received citizenship can cast ballots by mail, a recurring criticism for opposition parties who say the rule is discriminatory. At the same time, ethnic kin living abroad get only one vote — for party list — versus two votes for others who also get to pick the candidate for their electoral district to represent them in parliament.

In 2014, 8.2 million Hungarians were eligible to vote, including almost 194,000 ethnic Hungarians living abroad, according to the website of the National Election Office.

via Hungary Citizenship Plan Reaches 1 Million Mark in Orban Boost – Bloomberg

Britons abroad for longer than 15 years denied vote in general election | The Guardian

While as I and Rob Vineberg have argued against indefinite voting rights (Canadian expats shouldn’t have unlimited voting rights), it is nevertheless somewhat amusing that the May government made this commitment, tabled legislation, and then failed to implement, perhaps fearing that most non-resident Britons, particularly those resident in the EU, oppose Brexit and thus likely may be less likely to vote Conservative:

Campaign groups accuse Tories of breaking promise made in October to scrap time limit

Up to 3 million Britons living overseas are to be denied a vote in the general election, the Cabinet Office has confirmed.

In a letter sent to the New Europeans campaign group on Friday, the Cabinet Office said that “unfortunately” British citizens who had lived abroad for longer than 15 years would not be entitled to vote on 8 June.

The letter has prompted a furious reaction from Britons living abroad, and in Europe in particular, with campaign groups accusing the Conservatives of breaking yet another promise.

Nathan Lappin of the constitution group in the Cabinet Office told New Europeans that “there is no sufficient time to change the relevant primary and secondary legislation to enfranchise all British expats, scrapping the 15-year time limit, ahead of the dissolution of parliament before the general election”.

“The people most affected by the referendum were not allowed to vote in it, simply because they exercised their right to live in another country,” said Dave Spokes, one of the founders of the support group Expat Citizen Rights in EU. “Now it seems they will miss out again as their government has repeatedly failed to honour repeated promises to repeal this unjust and unfair rule.

“These people spent their lives working in the UK and many still pay taxes there. It is quite disgraceful that any government can so disregard so many of its citizens.”

Jane Golding, a British lawyer living in Berlin and campaigner for the rights of Britons abroad, said the promise has been broken twice as it was in the Conservative manifesto in the 2015 general election and the Queen’s speech that followed.

“So that is twice we have been denied the right to vote and to participate in the democratic process when this had been promised on an issue, leaving the EU, that directly affects our personal and professional status,” she said.

Last October the government promised to scrap the current 15-year time limit as part of a bid to strengthen ties with emigrants following the decision to leave the EU.

The plans followed a court battle spearheaded by the second world war veteran Harry Shindler, who fought in the Battle of Anzio in Italy in 1944. The 95-year-old, who moved to Italy to be near his grandson in 1982, has been unable to vote in the UK since 1997 but cannot vote in Italy either.

As recently as February, the constitution minister Chris Skidmore assured Shindler and others the government was on track, telling them “their stake in our country must be respected”.

In a written answer on the topic to the New Europeans founder Roger Casale, Skidmore promised “this government will not deny them the opportunity to have their say in how the country is governed”. He also revealed that the government estimated “a further 3 million British citizens resident overseas will be enfranchised”.

Samia Badani, director of New Europeans, said the decision not to expedite legislation was devastating for Britons desperate to have a say on their own futures in Europe but it was not too late to get them on the electoral register. “The time for legislation is now. When there is a will, there is a way,” she said.

Badani said: “We are very disappointed – this is another broken promise. We have been campaigning for the removal of the 15-year rule – which is very arbitrary – for years. We were promised that at the next general election all UK citizens could vote, but it now looks like a double-whammy: they couldn’t vote in the referendum and now can’t vote in the next general election.”

Source: Britons abroad for longer than 15 years denied vote in general election | Politics | The Guardian

Canadian expats shouldn’t have unlimited voting rights – Bill C-33 critique

Rob Vineberg, former regional director general for the Prairies and the North at CIC (now IRCC) and I penned this op-ed against the proposed indefinite extension of expat voting rights in C-33 (we will be submitting a brief once the Bill goes to Committee).
This has generating the most comments of any of my articles, virtually all from Canadian expats who disagree with us on Twitter. Useful input as we finalize our brief to the Commons committee that will study the Bill (PROC).
As behind a paywall, full text below:

Democratic Institutions Minister Karina Gould is in charge of shepherding Bill C-33, currently at second reading, through the House.  The Hill Times photograph by Jake Wright


PUBLISHED : Wednesday, Feb. 15, 2017 12:00 AM

In responding to the Supreme Court challenge of the five-year limit of voting rights, the government has proposed in Bill C-33 to extend voting rights indefinitely to Canadians living abroad, no matter how short their residence in Canada.

This is more generous than the standard comparator countries of Australia and New Zealand, which require a formal renewable declaration or visits (six and three years respectively), the United Kingdom, which has a 15-year limit, and the United States, which requires filing of taxes.

In essence, any citizen who left Canada as a baby or small child would have unlimited voting rights. As such, the proposal disconnects voting from any experience living in Canada, being subject to Canadian laws, accessing Canadian public services, as well as paying Canadian taxes, and thus devalues the votes of Canadians who do reside in Canada and are subject to these day-to-day realities of Canadian life.

To date, the government has not articulated why it chose this unlimited approach, apart from resorting to the phrase “a Canadian is a Canadian is a Canadian,” without acknowledging that this argument was made in the limited context of revocation of citizenship in cases of terrorism, and the need to treat Canadian-born and naturalized Canadians equally before the law.

Advocates of expanding voting rights over the current five years have argued that Canadians living abroad contribute to Canada and the world, and many retain an active connection with Canada, whether it is business, social, cultural, political, or academic. These Canadians’ global connections should be valued as an asset. The internet and social media make it easier for Canadians to remain in touch with Canada and Canadian issues. Non-resident Canadians pay income tax on their Canadian income and property tax on any property they may own in Canada. Their vote is unlikely to affect the overall electoral results.

This is argued using a general estimate of over one million expatriates, without any assessment of the degree of connection that expatriates have with Canada. However, using government data, we know that the number of expatriates holding valid Canadian passports is approximately 630,000 adult Canadians who have lived abroad for five years or more. We also know that the number of non-resident Canadian tax returns, a deeper measure of connection, was about 140,000 in 2013 (the last year for which information is available). And while hard to assess the potential interest of long-term Canadian expatriates in voting, the data for those who qualify under the current rules suggest there is not widespread demand.

While one of us (Griffith) believes in a more restrictive approach and one us (Vineberg) believes in a more flexible approach, we recognize the government is committed to expand voting rights. We see three main options:

  1. Double the current limit to 10 years: This would align with two parliaments as well as passport validity. While it would not address the concerns of all expatriates, it would expand voting rights.
  2. Provide unlimited voting rights to expatriates who have lived 25 years or more in Canada: This recognizes the long-term connection and experience with Canadian life as well as the concerns of expatriate seniors who have contributed to the Canada Pension Plan and receive CPP and Old Age Security benefits.
  3. Modify the proposed approach with a minimum residency requirement of three years: This ensures a minimal connection to Canada, aligned to citizenship requirements, with only a valid Canadian passport being acceptable evidence of citizenship. However, this modified version of the provision in Bill C-33 does not fundamentally change our objection to again essentially unlimited voting rights.

In the latter options, this should be combined with the creation of two overseas constituencies to recognize that expatriate interests are different from resident Canadians and address any concerns that the expatriate vote could influence the results in particular ridings.

Notwithstanding what approach is chosen, administrative simplicity based on the current Elections Canada process should be maintained. Elections Canada should also be required to conduct an evaluation of the impact of any such change following the next election.

The government does not appear to have thought through the implications and options regarding expanding voting rights and appears to have listened only to advocates for expansion rather than a broader range of Canadians. We favour a combination of the first two options and hope that parliamentary review of Bill C-33 will result in changes that respect a balance between expanded expatriate voting rights and the interests of resident Canadians.

Source: Canadian expats shouldn’t have unlimited voting rights – The Hill Times – The Hill Times

A potentially historic number of people are giving up their U.S. citizenship – The Washington Post

More on the increasing number of American expats renouncing citizenship for tax reasons (FATCA), not Trump. Again, while the increase is dramatic, still small in relation to the number of expatriates (State department estimates between three and eight million):

It can be difficult to become a U.S. citizen. A lot of people put a large amount of time, effort and money into the process of gaining an American passport or, failing that, the right to permanent residency.

But to some people, U.S. citizenship can apparently be a burden. And it’s a burden that people seem to be shaking off in increasing numbers. This week, the Treasury Department released its quarterly list of individuals who had chosen to “expatriate” — i.e., renounced their U.S. citizenship or gave up their rights to permanent residence.

The list is notable for a couple of reasons. First off, Britain’s Foreign Secretary Boris Johnson is on it. This means that Johnson, a dual-national who was born in New York City, has finally renounced his citizenship (as he had long promised he would). Secondly — and far more importantly in the grand scheme of things — the list shows that Johnson is just one of a total 5,411 individuals to expatriate in 2016.

The number of people giving up their U.S. citizenship may in fact be higher. Ryan Dunn, a lawyer with Andrew Mitchel LLC, explained via email that his firm has suspicions that the lists released by Treasury are incomplete. However, this would not change the trend. America is seeing what is likely a historically high level of expatriation. And it seems only likely to rise further.

“Given that we’ve seen year-over-year increases in expatriation since 2012, we speculate that the trend will continue,” Dunn explained.

But why would anyone renounce their citizenship to the United States? Dunn said that in his firm’s experience, it wasn’t usually political. “We have not been contacted by anyone saying that they wanted to give up their citizenship because Trump won the election,” he said. Instead the motivation was simpler: money.

The United States is one of the only countries in the world that requires its citizens and permanent residents to file taxes even when they live abroad. Eritrea is the only other country to have a similar policy. This unusual policy a relic of the Civil War and the Revenue Act of 1862, which called for the taxing of U.S. citizens abroad — in part to punish men who fled the country to avoid joining the Union army.

This is no new policy — Americans abroad have always been covered by federal tax laws. However, things changed in 2010, when the Foreign Account Tax Compliance Act (FATCA) was enacted. This law essentially requires foreign financial institutions to check whether an account holder is a U.S. citizen or permanent resident. In some cases, Dunn said, they would ask for proof that the account holder is not a U.S. citizen.

The end result here is that whereas in the past a U.S. citizen abroad might be able to get away with not filing their U.S. taxes, that has become vastly less likely under these new circumstances. In some cases, this can be extremely costly: Johnson was known to have racked up a large U.S. tax bill for the sale of his home in London, even though he had not lived in Britain since he was a small child.

But even for those without Johnson’s wealth, it can be tricky. “FATCA is a dirty word to Americans abroad,” Peter Spiro, a Temple University law professor and the author of “At Home in Two Countries: The Past and Future of Dual Citizenship,” explained. “Think lots of extra forms that have to be filed even by citizens who aren’t wealthy by any standard. Americans abroad used to be able to do their taxes just like Americans at home. Now they have to hire expensive accountants.”

Giving up your citizenship isn’t necessarily cheap either. It can take a long time to get an appointment in some places, and the processing fee is around $2,350. More important, Dunn said, was the “exit tax” that some high-earning or high-net-worth individuals have to pay — and also some people who forget to file their forms correctly too. But evidently, for some people it’s worth it. (Green-card holders have a simpler and cheaper process.)

Source: A potentially historic number of people are giving up their U.S. citizenship – The Washington Post

C-33 Election Act Amendments: Expatriate Voting, Minister Monsef’s Rationale for No Restrictions

Given my opposition to the proposed indefinite expansion of voting rights to Canadian expatriates who had lived at any time, no matter how short in Canada, I was curious to listen to Minister Monsef explain the government’s rationale for proposing an approach at PROC (Procedure and House Affairs Committee).

Monsef spent more time on the proposed indefinite granting of voting rights to Canadians who have lived once in Canada than the other provisions in the Bill.

This proposed approach undermines the value and meaningfulness of Canadian citizenship and does not appear as a specific commitment  in Minister Monsef’s mandate letter unlike the other provisions of C-33.

However, and arguably, it fits philosophically, within “repeal the elements of the Fair Elections Act which makes it harder for Canadians to vote” (the five year limit on expatriate voting dates from 1993 under the Chrétien government but was only enforced by the Harper government).

Her main arguments, similar to those made by advocates, were that ongoing globalization meant more Canadians, particularly youth, were living and working abroad, sharing Canadian values and bringing Canadian ways of doing things to the world, along with bringing the world back to Canada.

The right to vote was a fundamental right as “a Canadian is a Canadian is a Canadian,” but noted that the current case before the Supreme Court will still be heard.

The Minister stated that she had received many emails from expatriate Canadians who pay attention to what is happening in Canada and who want to participate in elections.

The government believes it is neither right nor fair to limit the vote to expatriates who have spent five years or less abroad. Granting the right to vote to the “over one million” Canadians abroad was only fair.

There was no real questioning on this provision by Committee members.

Bizarrely, she raised the issue about extending voting rights to the children of Canadians who had never lived in Canada, as an area that should be discussed in Committee.

It is hard to tell whether the floating of voting rights for Canadian citizens who have never lived in Canada is serious or is a trial balloon. In either case, it should be shot down, as it makes a complete mockery of our democratic system and citizenship to have such an extreme disconnect between residency and voting.

Nor should this trial balloon detract from the substantive issues regarding granting indefinite voting rights without any requirements, either time limits, declarations, or visits to Canada.

In terms of those plaintiffs in the Supreme Court case, either the Australian or New Zealand approach (declarations or visits) would address their concerns given their personal and active connection to Canada. But opening this to all, many if not most to not have this ongoing connection, is a mistake.

Sigh …

What happened to Canada’s support of democratic rights in Hong Kong? [expatriate voting aspect] – David Mulroney

Good column by former colleague and former Ambassador to China David Mulroney on Hong Kong and support for democratic rights.

And appropriate put-down of the Government’s Bill C-33, and its provision to grant indefinite voting rights without any corresponding commitment and responsibility:

Mr. Patten was particularly scathing in his commentary about independence advocates, whose campaign, he said, “dilutes support for democracy.” This was interpreted as criticism of two lawmakers, supporters of independence, who have been forced to vacate their seats. The duo had refused to take the official oath of office, substituting wording that could be considered offensive to China. Their actions sparked legal intervention by China’s government even before Hong Kong’s own courts could consider the issue.

It’s hard to argue with Mr. Patten’s assessment. Pushing for Hong Kong’s independence is wildly unrealistic and, given China’s sensitivity and volatility, irresponsible. But it is also an understandable expression of local frustrations given how little effort has been devoted to exploring more moderate options for democratic governance. If Hong Kong’s leaders, and friends such as Britain and Canada, had remained true to the vision of one country, two systems, the city’s residents would today have at least some say in charting their future. Instead, they are condemned to a form of governance in which they are asked to take up the responsibilities of citizenship without the corresponding rights.

The reverse is true for that fortunate minority among Hong Kong’s seven million residents who also happen to be Canadian citizens. The recently-introduced Bill C-33, which amends the Canada Elections Act, would offer the right to vote to all Canadians residing overseas, as long as they have lived in Canada at some point. It eliminates a previous provision that restricted voting rights to expatriates who had been absent for fewer than five years. The bill is big news in Hong Kong, where a Canadian community of roughly 300,000 includes emigrants to Canada who have since returned, and Canadian-born expats lured by Hong Kong’s low-tax, business-friendly environment.

Passage of the bill will encourage much chest-thumping about Canada’s support for democracy, but it is hard not to see in this something slightly different. Ottawa is offering up one of the most important rights of citizenship, the right to vote in elections back home, without reference to any corresponding responsibilities. This is politically astute, but not particularly courageous. Real support for democracy requires more ambition and more honesty.

Britain, Canada and other democracies have not lived up to their 1997 commitments, failing to follow up with the training programs, institutional exchanges and official encouragement that could have assisted the gradual emergence of healthy democratic institutions in Hong Kong. And they neglected to hold China accountable for its own commitments.

Source: What happened to Canada’s support of democratic rights in Hong Kong? – The Globe and Mail

Bill C-33: Electoral Reforms – Expatriate voting provision

While the Liberal government did commit to relax the restrictions on expatriate voting, this was, unless I missed it, phrased in general terms, leaving options open in terms of how they met their commitment.

Bill C-33 essentially removes any and all restrictions, save for the person having lived in Canada at one time, providing indefinite voting rights.

The extreme example would be someone born in Canada who left as a baby and has not been back since, but could still vote on issues that affect Canadians residing in Canada.

Hard to understand why the government did not choose other models that allow expatriate voting with reasonable restrictions:

  • Australia: six-year limit, renewable with a declaration;
  • New Zealand, three-year limit with the clock restarting upon a visit to New Zealand;
  • UK, 15-year limit; or,
  • US, no limitation but requires filing of tax returns.

The government did, however, cite France as an example where no limits apply.

Hard to justify as I have argued earlier (and will continue to do so) – What should expatriates’ voting rights be? – Policy Options.

This provision deserves a rough ride in the House and Senate.

Language of the Bill:

(f) remove two limitations on voting by non-resident electors: the requirement that they have been residing outside Canada for less than five consecutive years, and the requirement that they intend to return to Canada to resume residence in the future; and …

The most detailed reporting I have seen to date is from Le Devoir:

Le gouvernement Trudeau souhaite en outre permettre à tout expatrié citoyen canadien de conserver son droit de vote à vie. Depuis 1993, un Canadien vivant à l’étranger perdait le droit de vote après cinq ans d’absence. Et il devait déclarer son intention de revenir au pays. Avant cette date, les Canadiens perdaient carrément leur droit lorsqu’ils quittaient le Canada.

Mais les libéraux proposent qu’à l’avenir, tout citoyen canadien né ou ayant vécu au Canada puisse continuer de voter depuis l’étranger. La limite de cinq ans était « relativement arbitraire », selon la ministre Monsef. Ottawa estime qu’un million de personnes pourraient désormais voter en en faisant la demande auprès du fédéral.

Le gouvernement britannique prévoit de déposer un projet de loi pour prolonger à vie le droit de vote de ses expatriés. Les Britanniques perdent présentement ce droit après 15 ans d’absence. Les Américains conservent leur droit de vote à vie. La France permet à ses citoyens de voter, qu’ils aient habité ou non l’Hexagone.

Élections Canada procédera en revanche à un nettoyage de sa liste d’électeurs, qui comptait à peu près 40 000 non-citoyens en date du dernier dénombrement en 1997.

Ottawa annule la réforme conservatrice

Source: Bill C-33: 7 Reforms to Increase Voter Participation and Electoral Integrity – Canada News Centre

Liberals To Expand Voting Rights For Canadian Expats


While we have to see whether the Government tables legislation prior to the Supreme Court ruling or after (preferable), and what exactly the legislation includes, my general critique still applies, What should expatriates’ voting rights be? – Policy Options.

In my opinion, should the government proceed, some variant of the Australian or New Zealand approach that requires some action by expatriates to extend their right (e.g., declaration or periodic visit) would be preferred, rather than indefinitely extending voting rights as some advocates have argued:

The Liberal government is preparing to expand the voting rights of non-resident Canadians, The Huffington Post Canada has learned.

Canadians who have lived abroad for more than five years are essentially banned from casting a ballot right now. They cannot receive a special mail-in ballot, and although they can technically come to Canada vote in person, they have a near impossible task of proving residency here.

Two sources told HuffPost that Democratic Institutions Minister Maryam Monsef is looking at tabling legislation that would give expatriate Canadians the right to vote by special ballot no matter how long they have been away.

The Supreme Court is scheduled to hear a case in February involving two Canadians who live in the United States and want to vote. Jamie Duong and Gillian Frank first challenged the law in an Ontario court and won in 2014, placing an estimated 1.4 million Canadians back on the voter rolls, but the Conservative government successfully appealed the ruling before last year’s election.

maryam monsef
Maryam Monsef Minister of Democratic Institutions responds to a question during question period in the House of Commons on Parliament Hill in Ottawa on Feb. 2, 2016. 

In a statement last month, Monsef announced that the federal government had filed a memorandum of argument defending the current restrictions on non-resident Canadian citizens — a move that angered many expats who felt the Liberals were betraying their campaign commitment.

During the 2015 election, the party told the Canadian Expat Association: “We believe that all Canadians should have a right to vote, no matter where they live, and we are committed to ensuring this is the case.”

In her October statement, Monsef signalled that legislation would be introduced before the end of the year that would “meet the needs of highly mobile Canadian citizens who live in today’s increasingly interconnected world” but she did not elaborate.

Source: Liberals To Expand Voting Rights For Canadian Expats

Liberal appeal for expat donations offends those still barred from voting

Not the brightest move given the inevitable backlash from some. For my analysis of expatriate voting, see my earlier What should expatriates’ voting rights be? – Policy Options:

An appeal by Prime Minister Justin Trudeau to Canadians living abroad for donations to the Liberal party has struck a sour note with disenfranchised long-term expats.

The cash solicitation on Trudeau’s Facebook page calls on Canadians living abroad to be part of “Canada’s most open and progressive movement,” and says under a picture of the prime minister that “your donations help fuel our party.”

Various comments reflect the displeasure of those unable to vote in federal elections because of a law — only enforced by the previous Conservative government under Stephen Harper — that strips voting rights from those who have lived outside Canada for more than five years.

“Asking for my donation after removing my right to vote is just offensive,” wrote Ian Doig, who lives in Houston.

Another commenter, Angus McGillicuddy, offered a similar sentiment.

“Not going to waste my money until our constitutionally guaranteed right to vote is restored,” McGillicuddy said.

The disenfranchising of an estimated 1.4 million long-term expats has been a running legal battle since Canadians abroad found they could not vote in the 2011 election. While the rules were first enacted in 1993, they had not been enforced until then.

Two Canadians living in the U.S. went to court to argue the relevant parts of the Canada Elections Act were unconstitutional.

In May 2014, an Ontario Superior Court justice ruled in their favour. However, the Harper government appealed on the grounds that it would be unfair to resident Canadians to allow those abroad to elect lawmakers. Ontario’s top court sided with the government. The Supreme Court of Canada is slated to hear the expats’ appeal of that decision in February.

“Canadians living abroad should be able to vote with more than their pocketbooks,” Gillian Frank, one of those who launched the constitutional challenge, told The Canadian Press.

The voting issue became a flashpoint for many expat Canadians during last year’s election that propelled Trudeau to office. He has since indicated a willingness to review the ban, and a spokesman has said the government believes “more Canadians should have the right to vote, not the opposite.”

However, nothing has changed and the Supreme Court case remains pending.

“You have some gall asking for expats’ money when you’ve done nothing to restore our vote, despite promises during the election by your members that you would rectify the situation,” Kate Tsoukalas wrote in a post.

Source: Liberal appeal for expat donations offends those still barred from voting – The Globe and Mail