Earlier this week, Scott Bernstein, an American citizen who has lived in Vancouver for more than five years, filed a civil claim in BC Supreme Court arguing he should be allowed to vote in municipal elections.
Bernstein, moved to Canada in 2006 to study law at the University of British Columbia who was called to the BC Bar in 2010 and now practises with the Pivot Legal Society.
He is married to a Canadian citizen and received permanent resident status in 2010. He is eligible to apply for citizenship in 2012.
In the claim, Bernstein’s lawyer, Joseph Arvay of Arvay Finlay Barristers contends that Bernstein’s job requires extensive interaction with the municipal government and on many occasions he has consulted with city official and has made submissions on behalf of his clients to the mayor and city council.
As a non-citizen Bernstein is ineligible to vote; however, he is “engaged with local politics and issues” and “is interested in possibly running for political office.”
The claim states that 13% of Vancouver’s population are non-citizens, but they rely on public services, are employed, own property and pay taxes, just as citizens do.
Bernstein is seeking a declaration that the provisions of the Vancouver Charter and the School Act, which prohibit him from voting, violate his rights under the Canadian Charter of Rights and Freedoms and the Constitution Act.
Jennifer Harrison
@JHarrisonBIV