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Ustwo 02-11-2008 05:15 PM

Quote:

Originally Posted by roachboy
as for ustwo and his fascist line of thinking about this question, i'm finished interacting with it.

Sorry I didn't agree with you but thanks for saying I think like a facist, coming from you it gives me warm fuzzies.

You can't defend your position beyond 'Its a right!' and no, its not, the supreme court said so.

Willravel 02-11-2008 05:28 PM

HEY! I was the one that said you were like a 'facist' (you mean fascist, right?).

Cynth, you're acting like 9/11 happened because some 17 year old with a hard-on got a fake ID to get beer so he could nail the future alcoholic chick at the graduation party.

They found a terrorist's passport, remember?

Cynthetiq 02-11-2008 05:37 PM

Quote:

Originally Posted by willravel
HEY! I was the one that said you were like a 'facist' (you mean fascist, right?).

Cynth, you're acting like 9/11 happened because some 17 year old with a hard-on got a fake ID to get beer so he could nail the future alcoholic chick at the graduation party.

They found a terrorist's passport, remember?

No, I'm stating that fake identity and misrepresenting who you are is even more important in today's world. If you don't think so, that's you. Personally, I do.

You don't find that to be a felony offense. I do. There's lots you can do with fake papers.

levite 02-11-2008 05:52 PM

I know it's ever-so-slightly off topic, but...I'm just going to go out on a limb and say that if we're going to play the post-9/11 game, then perhaps instead of evaluating our draconian penal laws in light of how safe the streets aren't because we're busting potheads, or how secure the country isn't because we're putting away teenagers making fake IDs, perhaps we might think about how the tens of billions of dollars we piss away every year pointlessly trying to keep people from smoking weed, or high school kids from drinking beer and going to strip clubs, might better be spent upping the ratio of shipping cargo screened in our ports from 1% to something less chillingly laughable; or perhaps coming up with a way not to have trains carrying toxic chemicals, flammable materials, or poisonous gases routed through our major cities each and every day; or providing actual training of TSA agents so that our airport security isn't an international joke, or enough air marshals so that each and every flight actually has guards on board.

Let's face it: who we send to jail, the way we enforce our criminal laws, and the way we treat our criminals, has absolutely jack squat to do with national security. It has everything to do with what color the criminals are, and who stands to profit from disenfranchising them, and who makes money off the vices that are legal, and has interests in keeping the illegal vices illegal.

snowy 02-11-2008 06:00 PM

Quote:

Originally Posted by levite
I know it's ever-so-slightly off topic, but...I'm just going to go out on a limb and say that if we're going to play the post-9/11 game, then perhaps instead of evaluating our draconian penal laws in light of how safe the streets aren't because we're busting potheads, or how secure the country isn't because we're putting away teenagers making fake IDs, perhaps we might think about how the tens of billions of dollars we piss away every year pointlessly trying to keep people from smoking weed, or high school kids from drinking beer and going to strip clubs, might better be spent upping the ratio of shipping cargo screened in our ports from 1% to something less chillingly laughable; or perhaps coming up with a way not to have trains carrying toxic chemicals, flammable materials, or poisonous gases routed through our major cities each and every day; or providing actual training of TSA agents so that our airport security isn't an international joke, or enough air marshals so that each and every flight actually has guards on board.

Let's face it: who we send to jail, the way we enforce our criminal laws, and the way we treat our criminals, has absolutely jack squat to do with national security. It has everything to do with what color the criminals are, and who stands to profit from disenfranchising them, and who makes money off the vices that are legal, and has interests in keeping the illegal vices illegal.

Amen, brother.

Tully Mars 02-11-2008 06:27 PM

Quote:

Originally Posted by levite
Let's face it: who we send to jail, the way we enforce our criminal laws, and the way we treat our criminals, has absolutely jack squat to do with national security. It has everything to do with what color the criminals are, and who stands to profit from disenfranchising them, and who makes money off the vices that are legal, and has interests in keeping the illegal vices illegal.

Are you trying to say everyone's not treated equally in the US justice system?

I guess that would explain why folks like Jeff Skilling who as part of the Enron scheme bilked countless victims of, likely, billions of dollars. Many of whom lost their entire retirement savings. Is that why a guy like that is sitting in a Federal Correctional Institution in Waseca, Minnesota. A low security prison housing male inmates. A prison that formerly served as a University of Minnesota campus until 1992.

Wonder how many people of color siting in places like Angola for theft of less then $10,000 doing 25 years would trade places with him?

Ace_O_Spades 02-11-2008 06:46 PM

Quote:

Originally Posted by Tully Mars
Are you trying to say everyone's not treated equally in the US justice system?

Another example of why we need a sarcasm tag :thumbsup:

Quote:

Originally Posted by Ustwo
You can't defend your position beyond 'Its a right!' and no, its not, the supreme court said so.

Sock it to em!

Tully Mars 02-11-2008 07:30 PM

Quote:

Originally Posted by Ace_O_Spades
Another example of why we need a sarcasm tag :thumbsup:


Really? A tag? Thought I was laying it on pretty thick.

I'll try harder next time. It's hard work. We're working hard. Nine-Elev....

C'mon! One of these tag lines has to still work, right?

Ace_O_Spades 02-11-2008 07:37 PM

Quote:

Originally Posted by Tully Mars
Really? A tag? Thought I was laying it on pretty thick.

Oh I got it. But it was just a crossover from the scientology thread.

Elphaba 02-11-2008 11:26 PM

Quote:

Originally Posted by Ustwo
Sorry I didn't agree with you but thanks for saying I think like a facist, coming from you it gives me warm fuzzies.

You can't defend your position beyond 'Its a right!' and no, its not, the supreme court said so.


Roachboy, have you saved a seat at the "not playing" table for me? I'm done here and could use an adult beverage. :)

host 02-12-2008 01:02 AM

Post #38
http://www.tfproject.org/tfp/showthr...88#post2398588

indicates that Ustwo is not interested or capable of a discussion on the subject of felons losing their voting rights. Below is another "sampel" of the writing of the author, Edward Feser, of Ustwo's lengthy article included in post #38.....supposedly to support Ustwo's objection to parolee voting:
Quote:

Originally Posted by Ustwo
Rather than spend more time on this I'll go hostal and give you an article in its entirety which sums up a lot of my feelings on the subject. It took me 10 seconds to goggle it of course.



Edit: Hehe found a nice line for my sig there too.

Quote:

http://web.archive.org/web/200402110...m/010804A.html

<h3>The Mustache on the Left

By Edward Feser Published 01/08/2004 </h3>

<img src="http://web.archive.org/web/20040211075603/http://www.techcentralstation.com/images/010804A_large.jpg">

As a Bush re-election later this year looks increasingly likely, some left-wingers worry that Howard Dean is too risky a candidate to put up against a popular President. There is, of course, the obvious comparison to McGovern and the fear that a true believer may inevitably be a sure loser. There is also the worry that Dean may not in fact be so true a believer in the first place: he did support Newt Gingrich's Medicare reforms, after all, and has been a little too cozy with gun rights advocates; might he not betray the Left in order to appeal to Middle America? Is the prospect of another Clinton the price to pay for avoiding another McGovern?

A solution for the Leftist might lie in turning one's historical eye back before either Clinton or McGovern, to find a model who was both genuinely radical and a solid electoral success. Then the task will be to find a modern politician who fits this paradigm as closely as possible. Who might serve as such a model?.....



......One example stands out. Who was he?



He had been something of a bohemian in his youth, and always regarded young people and their idealism as the key to progress and the overcoming of outmoded prejudices. And he was widely admired by the young people of his country, many of whom belonged to organizations devoted to practicing and propagating his teachings. He had a lifelong passion for music, art, and architecture, and was even something of a painter. He rejected what he regarded as petty bourgeois moral hang-ups, and he and his girlfriend "lived together" for years. He counted a number of homosexuals as friends and collaborators, and took the view that a man's personal morals were none of his business; some scholars of his life believe that he himself may have been homosexual or bisexual. He was ahead of his time




.<h3>...Who was he? He certainly sounds like the ideal presidential candidate of a Pacifica Radio Network listener or Mother Jones subscriber -- or, to make a more timely reference, a contributor to MoveOn.org.</h3> It can only add to his appeal for such people that he was a target of American and British bombing raids and had to flee to the safety of an underground hide-out. And he was none other than Time magazine's Man of the Year for 1938: Adolf Hitler.



Surprise!



OK, it was a cheap trick; but I trust I didn't get anyone's hopes up too much. That der Fuhrer's biography has as much of a resemblance as it does to that of the typical granola-munching whale-saver is a fact of no small import, however. We'll return to that resemblance presently....
I don't think I have read an article as offensive and partisan as Feser's, have you?

....This is what the controversy is really about. Bush, with no official recount permitted by the US Supreme Court to be completed in 2000, was leading Gore by about 500 votes. Bush's brother Jeb and Florida Secretary of State, a woman who simulataneously served as Bush/Cheney 2000 campaign chairperson, spent $4.3 million dollars to subcontract a voter purge list of 7purported felons, disqualifying 57,700 from the voting registries, and many did not discover this until they attempted to vote.
Quote:

http://web.archive.org/web/200308050...a/d923085a.htm
State contracts with company founded by man linked to smuggling

Sunday, August 3, 2003

Associated Press


<h3>....Asher's first company, DBT Online Inc</h3>., bought him out for $147 million in 1999 after the FBI and the Drug Enforcement Administration suspended its contracts over Asher's past and concerns that the company could potentially monitor targets of investigations. ......

http://www.browardpalmbeach.com/2002...felon-follies/
....Felon Follies
A problem that marred the 2000 ballot is back
By Ted B. Kissell
Published: October 31, 2002

One of the most intriguing mysteries of the whole Election 2000 debacle is this: How many Florida voters improperly lost their voting rights because of a statewide effort to scrub felons from voter rolls? This question was at the heart of a post-election lawsuit filed against the Department of State and others. The lead plaintiff, the NAACP, brought the class-action suit because more than half of those on the scrub list were black.

The good news is, all of those lawsuits are now settled. <h3>The private company contracted to perform the purge, Atlanta-based ChoicePoint (which in 2001 merged with the original contractor, West Palm Beach's Database Technologies, or DBT)</h3> has agreed to more closely scrutinize the names on the lists it sent out before November 2000 and identify those voters who should never have been removed in the first place. The supervisors of elections who wrongfully removed these voters from the rolls will then reinstate them.

The bad news? This unknown number of nonfelons (dozens? hundreds? thousands?) won't be back on the rolls in time to vote Tuesday. Some of them might already have been reinstated, and those who show up at the polls can cast a provisional ballot. But the original wrong -- the improper removal of their franchise -- has yet to be righted.

The NAACP brought the suit in January 2001 in federal court in Miami, alleging not only that the voter purge lists were flawed but that other violations of the federal Voting Rights Act had occurred in November 2000. The defendants were then-Florida Secretary of State Katherine Harris, DBT/ChoicePoint, and the supervisors of elections from seven counties, including Broward and Miami-Dade. Leon County settled first, in April 2002. Then came Broward in May, DBT/ChoicePoint in July, and Duval, Miami-Dade, and Volusia in August. The others settled the first week of September, on the eve of trial.

"The state was holding up the rear," rues Thomasina Williams, a Miami attorney who worked as co-counsel with the coalition of civil rights groups representing the plaintiffs in the NAACP case.

Was the Jeb Bush administration dragging its feet? "I'm reluctant to use the word delay," says attorney Elliott Mincberg of People for the American Way, one of the groups representing the plaintiffs. "Let's just say they litigated the case very aggressively, and there's no question that was a factor that stretched out the process."

<h3>Though the job won't be done until spring 2003, a second run through the original purge lists has arrived at a stunning conclusion. On July 29, ChoicePoint filtered its list of 94,282 potential or possible felons through more exacting criteria, including complete Social Security numbers. The number of possible felon matches: a mere 2,563. </h3>

This number is shockingly low. Was the list that DBT sent to the state actually 97 percent inaccurate? Probably not: The State of Florida does not routinely ask for Social Security numbers as part of the voter registration process. Still, Mincberg says his clients' expert was prepared to testify at trial that 70,000 of those 94,000 names were inaccurate -- roughly a 74 percent rate of "false positives."

Mincberg is generally pleased with the settlement terms, but he has reservations. "With respect to those who were improperly purged, that's not going to happen [in time for the 2002 election]," he says. He points out that the agreements, like all changes to election procedures in Florida, will have to be "pre-cleared" by the U.S. Justice Department before they are implemented. According to the Florida Attorney General's Office, the part of the settlement agreement that pertains to the felon lists was submitted September 26. As of press time, the Justice Department had not approved the agreements.

Florida is one of eight states that denies people convicted of felonies the right to vote and is the only state to include this denial in its constitution. This prohibition has had a clearly discriminatory effect: 27 percent of black men in Florida cannot vote.

A felon can ask the state to restore his or her voting rights. Not so long ago, the clemency process was almost automatic. In 1986, under Democratic Gov. Bob Graham, some 15,000 felons had their voting rights reinstated. In 2000, the last year for which figures are available, that number was 927. According to the Florida Parole Commission, there is a current backlog of some 26,500 applications for restoration....
<h3>So they used a phoney felon purge list in Florida in 2000 to steal the US presidential election, and if you read on, you can see that Paul Weyrich advocated doing this, all the way back in 1981:</h3>
Quote:

http://query.nytimes.com/gst/fullpag...=&pagewanted=2

...The council was founded in 1981, just as the modern conservative movement began its ascendance. The Rev. Tim LaHaye, an early Christian conservative organizer and the best-selling author of the ''Left Behind'' novels about an apocalyptic Second Coming, was a founder. His partners <h3>included Paul Weyrich, another Christian conservative political organizer who also helped found the Heritage Foundation. ....</h3>

http://www.cbc.ca/canadavotes/riding...05/11/289.html

CBC - Canada Votes 2006 - Riding Talk
... Leader Stephen Harper delivered a speech in Montreal to a secret ultra-right-wing
American think tank, the Council for National Policy (CNP), in which he ...
Quote:

http://www.google.com/search?hl=en&q...=Google+Search

YouTube - Paul Weyrich - "I don't want everybody to vote ...
Paul Weyrich, "father" of the right-wing movement and co ...

Watch video - 40 sec -

www.youtube.com/watch?v=8GBAsFwPglw


Paul Weyrich - Wikipedia, the free encyclopediaPaul Weyrich Letter to Conservatives by Paul M. Weyrich, February 1999 [5] .... "I don't want everybofy to vote. Elections are not won by a majority of the ...
en.wikipedia.org/wiki/Paul_Weyrich - 55k - Cached - Similar pages

LoneStarBear: Paul Weyrich: Goo-Goo SyndromeWeyrich: “Now many of our Christians have what I call the goo-goo syndrome — good government. They want everybody to vote. I don’t want everybody to vote. ...
http://lonestarbear.blogspot.com/200...-syndrome.html - 67k - Cached - Similar pages
So, what this is "all about", can be found at the first few links in the goolge searh results, here:
http://www.google.com/search?hl=en&s...ge&btnG=Search
...it's about voter "caging"....preventing people from voting, and the national Republican party agreed in court, in a cease and desist order in the 1980's, to stop doing it, but they never did......

Rekna 02-12-2008 08:19 AM

I'm still waiting for someone to tell me what link there is between committing a felony and voting. How does voting contribute to their criminal activity?

Cynthetiq 02-12-2008 08:33 AM

Quote:

Originally Posted by Rekna
I'm still waiting for someone to tell me what link there is between committing a felony and voting. How does voting contribute to their criminal activity?

I don't find it has anything to do with that.

I believe that jail time is not a deterrent to some criminals, criminal records are not a deterrent. And maybe for some the idea of becoming disenfranchised and losing a few of key civil rights like the right to bear arms and the ability to vote. People don't care about it thinking that it doesn't matter anyways, they'll still carry a gun, but when they actually attempt to participate within the system, they can be and will be denied.

Any statesman will not be so willing to help someone who isn't a voter as there is no reciprocity, just benevolence.

Quote:

An eighteen-year-old first-time offender who trades a guilty plea for a nonprison sentence may unwittingly sacrifice forever his right to vote.
Andrew Shapiro, attorney
LOSING THE VOTE

that may be true, but so what, the person didn't go to jail. He got what he wanted, he didn't want to go to jail. There's no free lunches here in this world and that's what people seem to want. To get over or get something for nothing.

Understand that when there is due proces there is alot weighed here. Judges don't go callously into the night just incarcerating people without letting them know of the ramifications of pleading guilty. Pleading guilty removes another right to speedy trial. You waive that right by pleading guilty because they don't care how long until they follow due process.

dc_dux 02-12-2008 09:04 AM

Quote:

Originally Posted by Cynthetiq
I don't find it has anything to do with that.

I believe that jail time is not a deterrent to some criminals, criminal records are not a deterrent. And maybe for some the idea of becoming disenfranchised and losing a few of key civil rights like the right to bear arms and the ability to vote. People don't care about it thinking that it doesn't matter anyways, they'll still carry a gun, but when they actually attempt to participate within the system, they can be and will be denied.

Any statesman will not be so willing to help someone who isn't a voter as there is no reciprocity, just benevolence.
Quote:

An eighteen-year-old first-time offender who trades a guilty plea for a nonprison sentence may unwittingly sacrifice forever his right to vote.
Andrew Shapiro, attorney
LOSING THE VOTE

that may be true, but so what, the person didn't go to jail. He got what he wanted, he didn't want to go to jail. There's no free lunches here in this world and that's what people seem to want. To get over or get something for nothing.

Understand that when there is due proces there is alot weighed here. Judges don't go callously into the night just incarcerating people without letting them know of the ramifications of pleading guilty. Pleading guilty removes another right to speedy trial. You waive that right by pleading guilty because they don't care how long until they follow due process.

The conservative position seems pretty clear to me......do the crime, not only should you do the time...you should be penalized for life. No second chances at a right of citizenship if you screw up once.

I guess the compassionate part comes in with the argument that they can move to another state.

BTW, nice cherry picking of ONE quote (probably the least relevant since most convicted felons - even the innocent ones - dont volunarily trade a guilty plea for the right to vote) from the Sentencing Project document. :thumbsup:

Ustwo 02-14-2008 08:34 AM

Quote:

Originally Posted by guccilvr
I'm assuming it's much harder to get a job because of things I see in the media.. which obviously will be flawed. What I see is people saying they got out, couldn't find a job, had mouths to feed so they did what they had to do.. and ended up back in the big house. Is it just an excuse? Possibly. Is it real? More than likely.

Almost every job requires a criminal background check. It's not a bad thing.. as if I employ someone I want to know whether or not they have a record and should I take an extra precaution or two. (there's that trust thing.. call me guilty) It's the fact that the majority of the time, a person will not be hired simply because they have a record that bothers me. A person should get a chance to redeem themselves and prove they can hold a job, and be a productive member of society. Truth be told, if everyone was examined to the nTH degree.. we'd all be looking for second chances.

I'm against the blanket laws of these states that completely remove the right. All felons are not equal.. hence the rating system. Someone who is convicted of felony DUI is not on the same level as a child rapist. It's pretty fucking simple. You have a class D or lower felony..you can vote.. anything higher.. sorry.. you'll have to wait a few years.

Felons not being able to find a job really has nothing to do with losing the right to vote.

While I won't hire a felon, I've never asked anyone if they voted in the last election as a criteria for hiring.

What is at issue here has nothing to do with the fairness of the system after you are out, but judgment, and once you are a felon I see no point in trusting your judgment on the next judge. All other issues are ancillary, and quite frankly I find the concept that because they can't vote they don't feel they 'belong' to society completely ludicrous.

Sure hes a rapist and a thief, but if he could ONLY vote and see he MATTERS , maybe he will change his ways!

Bullshit.

whatever1 02-17-2008 05:45 AM

Well, my first post here on a sensitive subject. Sorry to blow dust off this oldie but goodie.

I personally am subjected to the lifelong punishment.

I worked as a nurse. Had a great career and family. My wife left me in the middle of the night while I was at work. I came home to an empty house. She had moved to her parents house taking EVERY possession with her. I had a pillow on the floor and piles of clothes, thats it.

I MISTAKENLY went to her parents house when they were not home, used a key and entered to get some of my stuff.

Felony burglary conviction, license gone and life sucks.

Now fast forward 15 years. Life is better, the ex still is bitter and tries to taint our daughter, but she is too smart.

Life is still hard, the problems. PA cannot expunge until you are 70 years old, 30 to go!

I cannot be a scout leader for my kids. I cannot be a volunteer in their school. I cannot be a baseball, basketball, football coach. I cant even sell used cars. Sure, I might be able to work at the salvation army.

Can I vote, yes, HELL YES, do I, HELL YES.

Criminal activities are at an all time high. People make mistakes. In the old days, they were taken home, scolded at the station, DUI drivers were driven home. NO ONE told us or educated us that this is a lifelong tattoo. There needs to be a place or point in time where someone can be whole again.

Ace_O_Spades 02-19-2008 09:08 AM

Quote:

Originally Posted by whatever1
Can I vote, yes, HELL YES, do I, HELL YES.

This part confuses me, maybe I'm missing something. So you have a felony conviction in the USA and can still vote? Is this something unique to your state? Which state do you live in (if you don't mind me asking)? Did you have to take Cynthetiq's advice and move to another state?

And on that note, I believe the rest of your post paints a pretty decent picture as to why offender stigmatism is very real... And punishes someone long after the offense has been paid for.

Sugar&Spice 02-19-2008 07:00 PM

Quote:

Originally Posted by savmesom11
I can't find the link now but for instance a high school senior (18 yrs old) was caught creating fake ID's for his fellow classmates, he took a plea bargain that resulted in a felony. You cannot honestly tell me that this young man deserves to have this mistake follow him for LIFE. I am certain that most of us had either fake ID's or our friends did so we could get some beer for the weekend party while in high school. All felonies are not the same but again I am ranting off into another argument all together.

As a probation officer, I must attend sentencings for the defendants. Last week, I had a case where a twenty-one year old guy got convicted of a felony (drug related). He had spent time in a treatment facility and had letters from the counselors commending him on his behavior while at the facility along with letters from past employers. He completed the treatment, came back to face his punishment and the judge gave him his sentence, but also added that if he completed his probation without a problem, she'd remove the felony off of his record. So this guy has the chance to get a fresh start and hopefully he will take advantage of it.

This is just one example I have. I think a judge is more willing to remove the felony conviction if the person does seem regretful and makes an effort to get back on the right track. Plus, their criminal history has a lot to do with it.

Tully Mars 02-19-2008 07:09 PM

Quote:

Originally Posted by Sugar&Spice
As a probation officer, I must attend sentencings for the defendants. Last week, I had a case where a twenty-one year old guy got convicted of a felony (drug related). He had spent time in a treatment facility and had letters from the counselors commending him on his behavior while at the facility along with letters from past employers. He completed the treatment, came back to face his punishment and the judge gave him his sentence, but also added that if he completed his probation without a problem, she'd remove the felony off of his record. So this guy has the chance to get a fresh start and hopefully he will take advantage of it.

This is just one example I have. I think a judge is more willing to remove the felony conviction if the person does seem regretful and makes an effort to get back on the right track. Plus, their criminal history has a lot to do with it.

So the sentence was probation? First offense, personal use?

Cynthetiq 02-19-2008 07:36 PM

Quote:

Originally Posted by Sugar&Spice
As a probation officer, I must attend sentencings for the defendants. Last week, I had a case where a twenty-one year old guy got convicted of a felony (drug related). He had spent time in a treatment facility and had letters from the counselors commending him on his behavior while at the facility along with letters from past employers. He completed the treatment, came back to face his punishment and the judge gave him his sentence, but also added that if he completed his probation without a problem, she'd remove the felony off of his record. So this guy has the chance to get a fresh start and hopefully he will take advantage of it.

This is just one example I have. I think a judge is more willing to remove the felony conviction if the person does seem regretful and makes an effort to get back on the right track. Plus, their criminal history has a lot to do with it.

And that is where the check and balance is in this country. The lawyers challenge the laws and a judge determines the outcome. I'm all for that kind of interpretation.

Ace_O_Spades 03-10-2008 09:51 PM

Sorry to revive an old thread, but I was cruising the John Howard Society's website and found this position paper:

http://www.jhslmbc.ca/files/articles/RightToVote.pdf
Quote:

Should Prisoners Have The Right To Vote?

Introduction
The purpose of this summary is three-fold: one, to give a basic, historical account of when and why inmates received the right to vote. Second, to summarize the findings of Sauvé v. Canada (Chief Electoral Officer), a recent Supreme Court of Canada case that ensured the right of all inmates to vote. And, finally, to suggest why we believe it is crucial that inmates not be denied their right to vote.

Historical Background
Previous to the adoption of the Charter of Rights and Freedoms, the right of inmates to vote in provincial and federal elections was determined by provincial legislatures and Parliament, respectively. Quebec was the first province to recognize the right of inmates to vote when in the 1979 Quebec Elections Act, voting was permitted by all inmates with the exception of those serving time for violations of the Elections Act.

Within three years of this act, Canada adopted the Charter of Rights and Freedoms. Section 3 of the Charter states: “every citizen of Canada has the right to vote in an election of members of the House of Commons or of a legislative assembly and to be qualified for membership therein.” Based on this section, several disenfranchised groups sought the right to vote. This
right was soon extended to federal judges, and the mentally disabled. Some provinces followed Quebec’s lead, and permitted some inmates to vote. Newfoundland and Manitoba both allowed prisoners to vote in 1985. After a decision of the Supreme Court that found the total ban on prisoners voting to be unconstitutional, in 1993, the Federal Government passed an amendment to the Canada Elections Act that permitted all inmates serving less than two years to vote. The federal governments attempts to restrict the vote of inmates was eventually ruled on by the Supreme Court, in October 2003.

Sauvé v. Canada (Chief Electoral Officer)
In the recent case of Sauvé v The Attorney General of Canada, the Chief Electoral Officer of Canada and the Solicitor General of Canada, Richard Sauvé, an ex-inmate, challenged the section of the Canada Elections Act that prohibited voting by inmates serving a sentence of two years or more.
In this case, the Attorney General of Canada did not dispute that the law infringed upon the right of inmates to vote. However, the government did argued that denying this right was justifiable under the Charter as it served several purposes best determined by Parliament. Those purposes included the goal of promoting civic responsibility and respect for the law and that denial of the vote was a reasonable punishment in addition to that specified by the court. However, in a 5-4 ruling, the Supreme Court ruled against the government.

First, the Court found that as voting was a fundamental right in a democracy, any attempt made to restrict that right had to be made on the basis of a compelling reason that met specific legal tests. In particular the restriction had to be justified on the basis of necessity, could not be arbitrary, and the objectives of the ban could not be met through other measures. In dismissing the arguments put forward by the Government, they rejected the argument that denying the vote will help reach the objective of “promoting civic responsibility and respect for the law.” In fact, the Supreme Court found that:
Denying penitentiary inmates the right to vote is more likely to send messages that undermine respect for the law and democracy than messages that enhance those values. The legitimacy of the law and the obligation to obey the law flow directly from the right of every citizen to vote. To deny inmates the right to vote is to lose an important means of teaching them democratic values and social responsibility. The government's novel political theory that would permit elected representatives to disenfranchise a segment of the population finds no place in a democracy built upon principles of inclusiveness, equality, and citizen participation.

Second, the Supreme Court found that denying a fundamental right is arbitrary because it is applied to all offenders regardless of the circumstances relating to the offender or his/her offence. By definition, blanket punitive measures are arbitrary.

Finally, the court said that the negative aspects outweigh the positive benefits that may come from denying this right. According to the court:
Denying inmates the right to vote imposes negative costs on inmates
and on the penal system. It removes a route to social development and
undermines correctional law and policy directed towards rehabilitation and integration.
In light of the disproportionate number of Aboriginal people in penitentiaries, the negative effects of (this law) upon inmates have a disproportionate impact on Canada's already disadvantage Aboriginal population.

In sum, Canada’s highest court found that the federal government did not have sufficient reason to deny inmates the right to vote.

Should Inmates Be Allowed To Vote?
The first issue that the Society wanted the Court to recognize was whether Parliament had the authority and the justification to restrict the right to vote. We think that a democracy is premised on the notion that the voters select the politicians, not the politicians who select the voters. Prisoners were the last group to be excluded from the vote. The Society felt that this restriction, in effect, made them lesser citizens and placed them outside of the law that applies to others without there been a demonstrable need to do so. In protecting the rights of prisoners, we feel we protect the fundamental nature of the right that all citizens enjoy. Governments should not be permitted to abridge the rights of some only because those people are unpopular.

Voting, like other rights, is not a privilege which government grants to citizens. It is something that citizens agree are fundamental to a democratic society and place substantially beyond the reach of politicians to modify. Accordingly, to limit this right, the government must show that allowing prisoners to exercise this right infringes on the rights of others. We did not believe such a case can be made convincingly and, apparently, the Court agreed.

Finally, voting is an act that emphasizes the value of order and the rule of law. By allowing inmates to exercise their right to vote, we allow them to influence law and policy in a constructive manner. In short, allowing inmates to vote includes them in responsible law-making processes rather than leaving them having no stake in it thereby extending the alienation from society that the offender might already feel.
This offers a good summary of my general views on the subject. A fine ruling.


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