Reid v. Canada
T-2259-92
Noël J.
27/1/94
12 pp.
Equality rights-Defendant moved to strike plaintiffs' amended statement of claim in its entirety on basis disclosing no reasonable cause of action, frivolous or vexatious -- Plaintiffs infants and parents acting as next friends and in their personal capacity -- Initial statement of claim included allegations pertaining to deficit financing, children's voting rights and citizenship rights and others -- Defendant filed statement of defence -- In response, plaintiff moved to amend statement of claim; motion allowed -- Plaintiffs seek declaration children from birth to age 12 to be entitled to vote through parents; declaration children over age 12 be permitted to vote upon completing Canadian citizenship examination for naturalization of citizens; declaration Government may not resort to deficit financing in absence of emergency or unless approved by referendum; money judgment in favour of children plaintiffs -- Alleged constitutional convention prohibiting deficit financing, even if existed, not enforceable by Courts: Re: Resolution to amend the Constitution, [1981] 1 S.C.R. 753 -- Parliament's constitutional power to borrow money in order to finance government operations, confirmed by Constitution Act, 1867, s. 91 -- Only Parliament can decide upon opportunity to borrow money to finance government operations or to proceed through other avenue, and constitutional discretion conferred upon Parliament cannot be interferred with by Courts -- Assertion to effect deficit financing benefits adult citizens to detriment of minors is pure speculation as plaintiffs failed to make out any case for discrimination contrary to Charter, s. 15 and as not supported by material facts -- Assuming infant plaintiffs discriminated against, plaintiffs seeking remedy today for alleged future violation of rights -- Link between actions of government and alleged infrigement of equality rights too uncertain, speculative and hypothetical to sustain cause of action -- No discrimination in law when child or adult cannot vote on deficit financing measures -- Charter, s. 3 not guaranteeing radical equality of voting power for each citizen including children -- Charter, s. 3 not providing for equality of voting power but for right to effective representation -- Allegation Parliament failed in exercise of fiduciary duty owed to children of plaintiffs by intentionally defrauding them, based on pure speculation -- Charter, s. 3 protecting right to vote for elections and not for plebiscites and referenda -- Age requirement embodied in Election Act, reasonable limit protected by Charter, s. 1 -- No reasonable person would expect children from age of birth afforded right to vote -- Statement of claim vexatious -- Motion allowed-Plaintiff's amended statement of claim struck out entirely -- No payment of solicitor-client costs -- Constitution Act, 1867, 30 & 31 Vict., c. 3 (U.K.) (as am. by Canada Act 1982, 1982, c. 11 (U.K.), Schedule to the Constitution Act, 1982, Item 1) [R.S.C., 1985, Appendix II, No. 5], ss. 53, 54, 91 -- Canadian Charter of Rights and Freedoms, being Part I of the Constitution Act, 1982, Schedule B, Canada Act 1982, 1982, c. 11 (U.K.) [R.S.C., 1985, Appendix II, No. 44], ss. 1, 3, 15 -- Elections Act, R.S.C., 1985, c. E-2.