a day ago
SUPERIOR COURT STRIKES DOWN TWO-YEAR LIMIT ON MAIL-IN VOTING FOR QUEBECERS ABROAD Français
, Aug. 20, 2025 /CNW/ - In 2022, Bruno Gélinas-Faucher, represented by the law firm Osler, Hoskin & Harcourt, filed an application for judicial review before the Superior Court of Quebec seeking to have section 282 of the Election Act declared unconstitutional, insofar as it deprives certain Quebec voters of their most fundamental democratic right: the right to vote in provincial elections.
Following a week-long trial held from June 2 to 6, 2025, the Superior Court rendered its judgment on August 14, ruling in favour of Mr. Gélinas-Faucher and declaring section 282 invalid.
Section 282 of the Election Act allows Quebec voters to vote by mail when temporarily leaving Quebec, for example for studies, but only for a period of two years. After this period, voters abroad lost the right to vote by mail. As a result, they are required to travel physically to Quebec to vote, which can be lengthy, costly, and difficult, or even impossible.
According to the Superior Court, by withdrawing the right to vote by mail from voters who have been absent for more than two years, section 282 of the Election Act deprives them of a real possibility to vote in Quebec elections, and thus contravenes the right to vote guaranteed by section 3 of the Canadian Charter of Rights and Freedoms.
This decision has a significant impact for the tens of thousands of voters who temporarily leave Quebec for studies, work, or for family or personal reasons. From now on, their right to participate in provincial elections is protected, even after more than two years of absence.
The judgment may still be appealed. The Attorney General of Quebec has not announced his intention as of the date of this press release.
Mr. Gélinas-Faucher and his lawyers are available for interviews upon request at the contact information below.
About Bruno Gélinas-Faucher
Bruno Gélinas-Faucher is an assistant professor at the Faculty of Law of the University of New Brunswick. After completing his undergraduate law studies at the University of Ottawa and graduate studies at the University of Cambridge, he worked as a law clerk at the Supreme Court of Canada, then with the President of the International Court of Justice. He then pursued doctoral studies in international law at the University of Cambridge, before returning to Canada to continue his academic career.
About Osler, Hoskin & Harcourt
Osler is a leading law firm practicing nationally and internationally from offices in Canada and New York. Members of the Osler team—Mtre Julien Morissette (partner and lawyer), Mtre François Laurin-Pratte (counsel), Mtre Quentin Montpetit (lawyer), and Mtre Rachelle Saint-Laurent (lawyer)—are acting pro bono as counsel for the applicant in this case.
