1988

Until 1988, many citizens with an intellectual disability were disqualified from voting in federal elections. Historically, people with mental health disabilities and intellectual disabilities have been assumed to be incapable of making significant decisions affecting them. In 1988, the Federal Court of Canada declared that a section of the Canada Elections Act was invalid and inconsistent with section 3 of the Canadian Charter of Rights and Freedoms which states that “Every citizen of Canada has the right to vote in an election of members of the House of Commons or of a legislative assembly and to be qualified for membership therein.” The law prohibited people with mental disabilities detained in institutions, and people who did not have personal control of their property, from voting in federal elections. The Federal Court rejected the “assumption that a person suffering from any mental disability is incapacitated for all purposes, including voting.”

https://www.ohrc.on.ca/en/policy-preventing-discrimination-based-mental-health-disabilities-and-addictions/appendix-historical-context