British Columbia urged to protect voting rights of people in custody

A coalition of British Columbia rights groups on Thursday urged the province to ensure that voters in custody can exercise their right to vote. This statement comes as the pre-campaign period of the province’s 2026 general local elections begins. The British Columbia Civil Liberties Association (BCCLA), the Union of BC Indian Chiefs and Prisoners’ Legal Services jointly issued the statement on Thursday. They urged the province to provide guidance and operational support to municipal governments during the elections. The statement also suggested that the authorities can offer vote-by-mail or special voting opportunities to voters in custody. The statement emphasized that such measures are particularly important to Indigenous and Black people, who are experiencing overrepresentation in the criminal justice system. Nicole Kief, executive director of Prisoners’ Legal Services, stressed that incarceration does not deny the right to vote and it should not bar voters in custody from casting ballots. Meghan McDermott, BCCLA policy director, added: “Democracy is weakened when the law recognizes a person as an elector, but government systems make that right practically impossible to exercise. The Province must ensure eligible voters in custody can obtain information, establish their eligibility, and cast a private and valid ballot.” Section 3 of the Canadian Charter of Rights and Freedoms guarantees Canadians’ right to vote. This protection does not cease when a person is in custody, as the Supreme Court of Canada affirmed in 2002. At the time, the court nullified a law that barred prisoners who were serving a jail sentence of two years or more from voting. The five-justice majority held that there was no rational connection between denying prisoners’ right to vote and promoting civil responsibility, which was the government’s stated objective. The majority also found that the denial would violate principles of inclusiveness, equality and citizen participation. Over-representation of Indigenous, Black and other people of color in the criminal justice system is a persistent problem in British Columbia. According to provincial data, Indigenous people make up only six percent of the province’s population but 36 percent of the population in custody. In 2021, the provincial office of the Human Rights Commissioner also recognized the racial bias in police statistics and recommended strategies to address the disparities. If the administrative barrier to voting due to incarceration remains unaddressed, its disproportionate impact on the BIPOC community is foreseeable. The voting day of the province’s general election is on October 17. In the upcoming elections, voters in the province will elect their mayors and municipal councillors. They lead the municipality with the authority to implement bylaws and resolutions under the province’s Community Charter.