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The Attorney General for Saskatchewan v Roger Carter, QC
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April 29, 30, 1991
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June 6, 1991
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{Link without Title} 2 SCR 158
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Appeal from Saskatchewan Court of Appeal
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Sask appeal allowed
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1990-1991
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McLachlin J
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La Forest, Gonthier, Stevenson and Iacobucci JJ
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Sopinka J
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Cory J
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Lamer CJ and L'Heureux-Dubé J
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The government of
Saskatchewan passed a law establishing a commission to revise the provincial electoral boundaries. The Act created a quota for rural and urban constituencies, and required that the boundaries conform with the existing municipal boundaries. Consequently, the degree of representation between the districts varied between 15 and 25%.
Justice McLachlin , writing for the majority, held that the deviation between districts did not violate section 3 of the ''Charter''. She stated that "the purpose of the right to vote in section 3 of the Canadian Charter of Rights and Freedoms is not equality of voting power but the right to 'effective representation'. Our democracy is a representative democracy. Each citizen has the right to be represented within the governmental edifice." However, the decision also meant that constituencies should have a reasonably similar number of voters for the representation to be effective; room for disproportionality was allowed due to geographical limits in drawing boundaries and to give minorities more representation within a constituency.
Justice Cory, writing in dissent, held that the provincial government should not be able to impose restrictions on boundaries revision committee, and accordingly, there should be a violation of section 3 of the ''Charter''.
