Montreal

Donald Sutherland's op-ed gives boost to Montreal native who launched expat challenge

The Montreal native who launched the initial challenge against voting restrictions on expats is thankful veteran actor Donald Sutherland has put the issue back in the spotlight.

'There are so many great Canadians living outside Canada,' says Jamie Duong

Jamie Duong, who is originally from Montreal, is one of two Canadians who challenged alaw that strips voting rights from expatriates who have lived abroad for more than five years. (Diana Mehta/CP)

The Montreal native who launched the initial challenge against voting restrictions on expats is thankful veteran actor Donald Sutherland has put the issue back in the spotlight.

Jamie Duong, who grew up in Montreal's Mile End neighbourhood and now lives in Ithaca, New York, said Sutherland's opinion piece that ran Tuesday in the Globe and Mail was "fantastic."

​"I hope we see more of that," he told CBC Montreal's Daybreak.

"There are so many great Canadians living outside Canada and hopefully they will take interest in this as Mr. Sutherland has."

Donald Sutherland published an open letter drawing attention to a court ruling which strips millions of Canadian expats of their right to vote. Daybreak speaks with two expats, both former Montrealers, who intended on voting in the next election.

In the opinion piece, Sutherland, who has a home in the Eastern Townships, criticized the voting restrictions against long-term expats. 

"My name is Donald Sutherland. My wife's name is Francine Racette. We are Canadians. We each hold one passport. A Canadian passport. That's it," Sutherland wrote.

Last week, Ontario's Court of Appeal ruled that allowing Canadians who have lived abroad for more than five years to vote in federal elections would be unfair to those who live in Canada.

Despite his lengthy career in Hollywood, Donald Sutherland, 80, still has just one passport, he notes: his Canadian one. (Jordan Strauss/Associated Press)
Duong, along with Toronto-born Gillian Frank, launched the original constitutional challenge, arguing the five-year rule was arbitrary and unreasonable.

Both argued they had only left for educational and employment opportunities and still had strong attachments to Canada and a stake in its future.

In May last year, Ontario's Superior Court threw out the voting ban, noting that mass murderers have the right to cast ballots but long-term expats who care deeply about the country do not. Penny also said expats could well be subject to Canadian tax and other laws.

But that decision was overruled in a split-decision by the court of appeal

"I was just floored," Duong said.

"It was a real disheartening blow, given that I was all set to vote in October's election and now it looks like I won't be able to."

In a statement, Minister of State for Democratic Reform Pierre Poilievre said the federal government "welcomes the decision."

"The Court has confirmed our position that the limits in the Canada Elections Act on voting by Canadians residing abroad are reasonable and fair," Pollievre said. 

"Our Government continues to believe that non-residents should have a direct and meaningful connection to Canada and to their ridings in order to vote in federal elections.‎"