Section 4 of the Canadian Charter of Rights and Freedoms

Elections must be held at least every five years under section 4.

Section 4 of the Canadian Charter of Rights and Freedoms is the second of three democratic rights sections in the Charter, enshrining a constitutional requirement for regular federal, provincial and territorial elections that cannot be arbitrarily delayed or suspended. Subsection 4(1) provides that the maximum term of the House of Commons of Canada, and of all provincial and territorial legislative assemblies, is five years. A narrow exception to this rule in case of war or rebellion is provided under subsection 4(2), but any extension would still require support of a two-thirds majority in each affected legislature.


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