About the Voting Age Challenge
In December 2021, thirteen young Canadians—from ages 12 to 18 and representing every region of the country—launched a constitutional challenge in the Ontario Superior Court of Justice seeking to lower the federal voting age from 18.
Co-represented by the David Asper Centre for Constitutional Rights and Justice for Children and Youth (JFCY), the applicants argue that the current voting age infringes the right to vote (Section 3) and the equality guarantee (Section 15) of the Canadian Charter of Rights and Freedoms by unjustifiably discriminating based on age.
They point to Supreme Court precedent such as Frank v. Canada (2019 SCC 1), which requires any restriction on voting rights to be clearly justified—a threshold they claim is not met when youth are categorically excluded from the franchise.
This litigation aligns Canada with a growing global movement to enfranchise younger citizens—several European jurisdictions, including the U.K., Scotland, Wales, Austria, Germany, and others, now permit 16-year-olds and sometimes younger to vote.
This case also holds significant pedagogical value, as students in the Asper Centre's Constitutional Litigation Clinic have assisted year after year with all aspects of the ground-up constitutional challenge, working closely with the Asper Centre Executive Director Cheryl Milne, our Constitutional Litigators in Residence and lawyers at JFCY on research, drafting, and litigation strategy.
The Voting Age Challenge reflects broader public engagement and youth organizing, including leadership from organizations like Children First Canada, JFCY, and youth activist networks advocating for reform. The Asper Centre and JFCY have shared updates and campaign materials through news releases and partner websites as litigation progresses.
Key Resources & Updates
Why This Case Matters
Under our Constitution, the right to vote is entrenched and protected at the federal level—and cannot be overridden even through the otherwise available notwithstanding clause under Section 33 of the Charter. Youth continue to register record-high turnout in civic activism and political engagement, yet remain excluded from ballots despite legislative exclusions that youth participation in leadership and party processes already demonstrate are feasible.
The Voting Age Challenge is both a legal test and a call for democratic reform to bring Canada into alignment with more inclusive and equitable democratic norms.