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Young Canadians launch court challenge to lower federal voting age from 18

Young Canadians launch court challenge to lower federal voting age from 18

CBC
Wednesday, December 01, 2021 12:02:48 PM UTC

A group of young Canadians has launched a court challenge to lower Canada's minimum age for voting in federal elections.

On Tuesday, 13 young people from across the country, ranging in age from 12 to 18, filed an application at the Ontario Superior Court of Justice arguing that the section of the Canada Elections Act which bars Canadians under 18 from voting in federal elections is unconstitutional.

The group is making the argument that the rule violates two sections of the Charter of Rights and Freedoms: Section 3, which states that "every citizen of Canada" has the right to vote in an election for members of the House of Commons or a legislative assembly; and Section 15, which states that "every individual is equal before and under the law."

Amelia Penney-Crocker, a 16-year-old from Nova Scotia, got involved in the challenge through Children First Canada, the youth charitable organization backing the effort.

Penney-Crocker told CBC News that with the planet at a "tipping point" because of climate change, young people must have the right to weigh in on what needs to be done to tackle the crisis.

"We have to act now. It's now or never and I think youth are really acutely aware of this much more than adults are," she said. "Because we know that this is our future on the line."

Penney-Crocker said children and youth are disenfranchised in a way that is not healthy for Canada's political system.

"It's not about whether I'm a taxpayer. It's about the fact that I live in this country and that I have a vested interest in what happens to our world as someone who's here experiencing it," she said.

And it's not just about giving young people a chance to choose their representatives, she said. "It's about candidates seeing that youth can vote for them and being more ready to represent youth issues and children's issues."

Another litigant, 15-year-old Katie Yu from Iqaluit, is quoted in a media statement saying children and youth deserve to be heard on the matters that affect their lives, such as mental health and climate change.

"Our voices should not be ignored, as we know what actions are needed to address these issues and better the world for future generations, and we are already making change in many ways," Yu said.

The challenge is being supported by lawyers from Justice for Children and Youth and the David Asper Centre for Constitutional Rights at the University of Toronto.

Justice for Children and Youth said in the release that "decision-makers tend to cite outdated factors when denying young people access to the polls" — sometimes the same factors that were used to deny other groups the vote in the past.

"We have seen a continued rise in young people's efforts to be heard — millions marching on issues that have a direct impact on their lives and the world in which they live, yet they still can't vote," the group said.

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