The Quebec elections are upon us. Soon, we will witness the same recurring phenomena: a parade of candidates, a shower of promises, a few leaders’ debates, an election night, and then, if the trend continues… a low turnout.
Posted at 2:00 p.m.
Several political actors, to mention only a few, are sorry for this low voter turnout. However, the Quebec law harms the vote of a group among the least represented: our students.
Low voter turnout is a danger that threatens all democracies. The historical abstention rates in recent elections in Ontario and France are striking illustrations of this. To deal with the problem, we request actively the vote of Quebecers who refuse to vote out of conviction or lack of interest. These efforts are commendable, but they obscure another important facet of the problem of low voter turnout. We must also allow the vote of those who want vote.
This is a little known reality, but many Quebecers who wish to vote cannot do so, such as Quebecers who temporarily reside outside the province for their studies.
After two years spent outside Quebec, the Election law removes the option of voting by post. In many cases, these Quebecers have to cross oceans and continents to go in person to vote in their riding. In fact, removing the possibility of voting by mail is simply preventing them from voting.
Unique in Quebec
In Canada, this situation is unique in Quebec. No other province or territory takes away the ability of its students to vote by mail after two years of study abroad. Federal law does not do this either, and allows Quebecers to vote by mail in federal elections for as long as they are studying outside the country.
The right to vote is fundamental and guaranteed by the Canadian and Quebec charters of rights and freedoms.
An action is currently pending before the courts to invalidate the provision of the Election law which prevents Quebec students from voting by mail, since this provision violates their fundamental right to vote in Quebec elections.
The legal process is a last resort and it is hoped that elected officials will undertake to modify the Election law. This is not only about respecting fundamental rights, but also about our democratic health. This question should challenge elected officials of all parties. After all, among Quebecers who have temporarily left Quebec for their studies, we find Robert Bourassa, Jacques Parizeau, Pierre Elliott Trudeau and Bernard Landry!
*Me Bruno Gélinas-Faucher is plaintiff in the context of an action contesting a provision of the Quebec Elections Act, doctoral student at the University of Cambridge and temporary professor at the Université de Moncton; Me François Laurin-Pratte is a member of the plaintiff’s legal team at Osler, Hoskin & Harcourt SENCRL /srl