Section 3 of the Canadian Charter of Rights and Freedoms

Section 3 has been interpreted by the Supreme Court of Canada to strike down legislation preventing prisoners, persons in mental institutions, and non-resident Canadians from voting.

Justice Inglis noted in paragraph 59 "I agree that the potential to prevent a serious and impressive candidate from running in an election, due to the financial pressure a $1000 deposit could create, is a real risk of the requirement.

In my opinion, the impugned Deposit Requirement Provision would infringe many individuals’ – including the Applicant's – ability to communicate their messages to the public, and participate meaningfully in the electoral process as a candidate.

As stated in the case Figueroa v. Canada (2003),[11] the section has been viewed as a constitutional guarantee to "play a meaningful role in the electoral process," which in turn encourages governmental "respect for a diversity of beliefs and opinions."

While Saskatchewan's constituencies were found to be valid in the 1991 decision, Prince Edward Island's were later deemed unconstitutional by the courts and the province's electoral map had to be redrawn.

While section 3's reach has been expanded to cover the sizes of constituencies, it has not been extended to guarantee the right to vote in a referendum.

In Haig v. Canada (1993),[14] it was ruled that since section 3 was designed in specific reference to electing representatives, the right could not include participation in a "device for the gathering of opinions".