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ARTICLE · 08 MAY 2026

Interrupting The Work Of Independent Boundaries Commissions Found To Be Unconstitutional

Dentons Canada LLP
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The Supreme Court of Canada recently examined whether Quebec's Act to interrupt the electoral division delimitation process, which violated the Charter right to vote, could be justified under constitutional law. The case centered on the province's attempt to halt an independent boundary reform process to preserve certain electoral divisions, particularly in regions experiencing population decline.

CanadaGovernment, Public Sector
Brandon Barnes Trickett
Brandon Barnes Trickett
Laurie Livingstone
Laurie Livingstone
Lauren Grace McAuley
Lauren Grace McAuley
Thomas Nichini
Thomas Nichini
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In Québec (Attorney General) v. Lalande, the Supreme Court of Canada determined that Québec’s provincial Act to interrupt the electoral division delimitation process1 (the Act), which was found to violate s. 3 of the Canadian Charter of Rights and Freedoms2 (the Charter), is not saved by s. 1 of the Charter.

At first instance, the applicants challenged the validity of the Act asserting that it violated both s. 3 (right to vote) and s. 1 of the Charter because its impairment of the right to effective representation was not justified by the purpose. The Superior Court of Québec held that, while the Act infringed s. 3, it was justified under s. 1 of the Charter. The Court of Appeal for Québec reversed that decision, finding that the Act was not justified under s. 1 of the Charter. The only issue before the Supreme Court of Canada was whether the Act was justified under s. 1.

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Dentons is the world's first polycentric global law firm. A top 20 firm on the Acritas 2015 Global Elite Brand Index, the Firm is committed to challenging the status quo in delivering consistent and uncompromising quality and value in new and inventive ways. Driven to provide clients a competitive edge, and connected to the communities where its clients want to do business, Dentons knows that understanding local cultures is crucial to successfully completing a deal, resolving a dispute or solving a business challenge. Now the world's largest law firm, Dentons' global team builds agile, tailored solutions to meet the local, national and global needs of private and public clients of any size in more than 125 locations serving 50-plus countries. www.dentons.com

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