Aidan Seto
R. v. Bryan, [2007] 1 S.C.R. 527, 2007 SCC 12
Key Terms/Notes
The federal election is a formally organized process where different regions of Canada vote for whichever candidate they believe best fits the position. The voting system functions on a majority basis where the candidate with the most votes wins. Please note that “ridings” are defined as the different regions of Canada.
Background Info
In 2007, Bryan (B) was charged for transmitting the federal election results within 32 ridings in Atlantic Canada while polling stations remained open elsewhere in Canada. The federal election results were accessible to other regions of Canada through a website. B was charged with violation of s.329 of the Canadian Elections Act. The Canadian Elections Act states that "No person shall transmit the result or purported result of the vote in an electoral district to the public in another electoral district before the close of all of the polling stations in that other electoral district."
Section 2(b) of the Canadian Charter of Rights and Freedoms
According to S.2(b) of the Canadian Charter of Rights and Freedoms, this section states that everyone possesses fundamental freedoms. B used s.2(b) of the Canadian Charter of Rights and Freedoms to suggest that his fundamental rights of freedom were restricted by the fact that he could not freely exhibit his freedom of expression through election results transmission.
Sequence of Events
B’s conviction was first overturned as the summary conviction appeal judge stated that using s.329 of the Canadian Elections Act against B’s scenario was unconstitutional. However, the court of appeal held that s.329 of the Canadian Elections Act was a “justified limit on freedom of expression.” Hence, B’s conviction was restored.
Section 1 of the Canadian Charter of Rights and Freedoms
S.1 of the Canadian Charter of Rights and Freedoms indicates that it “guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.” The context of “affecting voter participation or choices” should be considered rather than focusing only on B’s freedom of expression. Hence, “the objective of maintaining public confidence in the fairness of the electoral system” is just as important as B’s freedom of expression.
Holding
B’s appeal was dismissed. Despite B’s argument that s.2(b) of the Canadian Charter of Rights and Freedoms infringes upon freedom of expression, s.1 of the Canadian Charter of Rights and Freedoms justifies this infringement. Thus, upholding s.2(b) of the Canadian Charter of Rights and Freedoms ensures that all ridings of Canada have the equal opportunity to vote without any biased influences.
Bibliography
ACE Project. (2015). Canada: Canada prohibits bloggers from reporting results. Retrieved from https://aceproject.org/ace-en/topics/me/annex/case-studies/mey_ca02/mobile_browsing/onePag
Supreme Court of Canada. (2007). R. v. Bryan. Retrieved from https://decisions.scc-csc.ca/scc-csc/scc-csc/en/item/2348/index.do
Qweri. (2000). The Constitution Act, 1982, schedule B to the Canada Act 1982 (UK), 1982, C 11: Federal Statutes / Lois Fédérales. Retrieved from https://qweri.lexum.com/w/calegis/schedule-b-to-the-canada-act-1982-uk-1982-c-11-en#!fragment/sec1/BQCwhgziBcwMYgK4DsDWszIQewE4BUBTADwBdoJC4BGASgBpltTCIBFRQ3AT2gHI+9SmFwIOXXgKGERCAMp5SAIV4AlAKIAZdQDUAggDkAwuvqkwAI2ilscWrSA
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