Myer Siemiatycki
Ryerson University
Who Belongs Conference
24 September 2010
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Voting Rights in Canada are Attached to
Canadian Citizenship Status
Citizenship Confers and Withholds Political
Rights
“The rule of citizens over noncitizens, of
members over strangers, is probably the most
common form of tyranny in human history.”
(Michael Walzer)
Immigration Status Determines Municipal Voting
Rights in Canada. Is This Appropriate?
I’ll Argue that a Renewed Emphasis on ‘Urban
Citizenship’ is one way to Extend Democratic
Rights to Disenfranchised Immigrants
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Not to 60% of Eligible Voters
So Why Bother Advocating an Expanded
Municipal Franchise & Electorate?
The Broken is Bad & the Fix Would Be Good
The Current Municipal Franchise Regime
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Extending Non-Citizen Municipal Voting Rights
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◦ Debases Urban Democracy
◦ Promotes Social Exclusion Where Immigrants Live
◦ Is Inappropriate for ‘An Age of Migration’
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Advances Democracy & Political Participation
Promotes the City as an Arena of Newcomer Belonging
Promotes Immigrant Political & Electoral Participation
Could Yield More Equitable Diversity of Politicians
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“Cities have re-emerged not only as objects
of study but also as strategic sites for the
theorization of a broad array of social,
economic, and political processes central to
the current era: economic globalization and
international migration; and the emergence
of new types of inequality”(Saskia Sassen)
“Who belongs where, and with what
citizenship rights, the emerging global
cities?” (Leonie Sandercock)
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Voting Rights Historically Restricted &
Contested
Property Qualification
Female Exclusion
Racial Exclusion
First Nations Exclusion
Age Exclusion
“immigrant rights are the civil rights of the
day”; “noncitizen voting is the suffrage
movement of our time”. (Jamin Raskin)
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Determined By the Province of Ontario in the
Municipal Elections Act
The Municipal Franchise is Contingent on:
◦ Nationality: Canadian Citizenship
◦ Age: 18 Years and Over
◦ And EITHER
 Residency in the Municipality; OR
 A Non-Resident Owning or Renting Property in a
Municipality (Hence Paying Municipal Property Tax), in
which case the owner/renter AND spouse have right to
vote in the municipality as Non-Residents
 19th Century citizenship norms of property rights live
on in 21st Century Ontario, ( Plus 2 For 1 Special)
Municipality
Non-Citizen Pop
% Total Pop.
Montreal
179,595
11.3%
Ottawa
Toronto
42,555
380,135
5.3%
(Halifax)
15.4%
Brampton
50,564
15%
Mississauga
94,305
14.2%
Hamilton
30,065
6%
Winnipeg
36,650
5.9%
Calgary
83,265
8.5%
Edmonton
48,120
6.7%
Vancouver
74,600
13.1%
Burnaby
29,120
14.4%
Surrey
45,890
11.7%
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1. Landed Immigrants Not Yet Naturalized
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2. Landed Immigrants Not Yet Eligible for Naturalization
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Never Eligible For Naturalization…Temporary Residents
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B) Never Eligible For Naturalization…Non-Status
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◦ High Naturalization Rate in Canada: 85.1%
◦ In 2006, Toronto = c. 187K
◦ 3 Year Residency + 1 Year Application Time
◦ At current immigration levels, Toronto = c. 200K
◦ TFWs, International Students & refugee Claimants
◦ 1996=270K; 2008 = 587 K
◦ Ontario Gets Most
◦ Toronto Economy Relies on Underground Workforce
Total Non-Citizens in 2010 is Greater in 2006
Most Are Visible Minorities
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Almost 1 in 6 Torontonians Denied Local Voting Rights
Extreme Neighbourhood Effect
◦ Some Have >30% Non-Citizen Population
◦ 25% of Ns Have >20% Non-Citizen Population
No Vote in the City that is Home, Where They Pay Taxes,
Rely on Local Services & are ‘Regulated’
Across Ontario 130,000 Students have Parents Ineligible
for School Board Elections
Is this Exclusion Fair? Does it Create Conditions For
Optimal Municipal Policy-Making?
Prior to last 2006 City Election, 246,924 names were
dropped from Voters List – Vast Majority Due to NonCanadian Citizenship
What is Gained By Denying So Many the Vote?
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1. The High Cost of Exclusion
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2. Municipal Government is Different
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3. Creating Cities of Belonging
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4. Strengthening Canadian Democracy
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5. Other Countries Do It
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Powers & ‘Rights Regime’ Are Different
Powers of Municipalities
◦ ‘Merely Local’ Jurisdiction of Municipalities Precludes ‘Dual
Loyalty’ Fears of Extending Franchise to Foreign Nationals
re: defense, foreign affairs, etc
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Rights Regime
◦ Municipal Voting Rights Always Based on Different
Principles than Fed/Prov Regime
◦ Stakeholder Principle Prevails Municipally
◦ Property Tax-Paying Confers Voting Rights
◦ “No Taxation Without Representation” Enshrined Municipally
◦ Since Property Tax Paying Trumps Municipal Residency as
Right to Vote, Why Not Also Trump Nationality?
◦ Nationality an Arbitrary Criteria for Municipal Voting Rights
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What is the Optimal ‘Rights Regime’ for Cities
of Migration
Voting Restrictions Construct Immigrants as
Political ‘Outsiders’
Immigrants Demonstrate Commitment to
Toronto By Leaving Homeland For Here
Integration Works Best When Newcomers Feel
Valued, Recognized & Equally Treated
Residency as Shared Basis of Urban Belonging
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City of Toronto Act of 2005 Defines the City as a
Corporation “that is composed of the inhabitants
of its geographic area.”
Inhabiting a City SHOULD Confer Status, Identity,
Rights & Responsibilities
City Does Enact This in Own Sphere of
Jurisdiction: Policy on Access to City Services
Dublin Mayor Michael Conaghan on how Its NonCitizen Immigrants Regard Their Local Voting
Rights:
◦ “They like the idea of being asked for their vote. They
feel a part of the city. I suppose they feel they’re not
being dismissed.”
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Canada’s Democratic Deficit Deepening
Voter Turn-Out & Trust in Gov’t Falling
What Promotes Political Participation?
Start By Removing Barriers and Promoting
Engagement
Equate Voting With Living in Canada
Municipal Government as ‘School of Democracy’
Political Participation as Learned Experience
Reduce the Under-Representation of Immigrants
& Visible Minorities in Elected Office
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Over 30 Countries on 5 Continents today
grant voting rights to non-citizen residents
Variances in which non-citizens can vote, at
what jurisdiction & based on what residency
period
New Zealand the most permissive: after 1
year residency, legal immigrants vote in
national & local elections
Norm is municipal voting rights only, for
legally admitted immigrants after 1-5 year
residency
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Give Political Voice and Rights to Many
disenfranchised Residents & Taxpayers
Make local Government More accountable
Reduce Political Marginalization & Exclusion of
Immigrants
Promote Importance of Issues affecting Immigrants
Promote immigrant Political Inclusion
Promote Voting : Carry-over to Federal & Provincial
Arenas after Naturalization
Promoting One Resident, One Vote Could Lead More
Currently-Eligible Voters to actually Do So