Controverted Election for the Electoral District of Yamaska (Boucher v. Veilleux)

Controverted Election for the Electoral District of Yamaska (Boucher v. Veilleux)

A petition that claims the seat for a defeated candidate and also prays that the election be void is not invalid; trial judges are not obliged to award the seat after performing a s.48 vote-striking computation and retain jurisdiction under the Act to declare the election void where corrupt or illegal practices sufficient to void the election are proved against one or both candidates (ss.47,48,49,57).

Citation
[1933] SCR 65
Parties
Respondent Returned as Elected; Appellant: Aimé Boucher; Petitioner; Respondent: Napoleon Veilleux; Defeated Candidate: Paul François Comtois
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
23 December 1932
Procedural Posture
Controverted Election Petition Under the Dominion Controverted Elections Act / Appeal to the Supreme Court of Canada From Trial Judges' Report and Judgment
Outcome
Appeal dismissed with costs; trial judgment affirmed; election declared void
Legal Topics
Controverted Elections, Corrupt and Illegal Practices, Computation of Votes, Voiding of Election, Judicial Jurisdiction on Election Petitions
Source Language
English
Elections Law Controverted Elections Corrupt and Illegal Practices Computation of Votes Voiding of Election Judicial Jurisdiction on Election Petitions

Case Brief

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Parties

Aimé Boucher

Respondent Returned as Elected; Appellant

Napoleon Veilleux

Petitioner; Respondent

Paul François Comtois

Defeated Candidate

Procedural Posture

Controverted Election Petition Under the Dominion Controverted Elections Act / Appeal to the Supreme Court of Canada From Trial Judges' Report and Judgment

Legal Issues

  1. 1 Whether a petition can simultaneously claim the seat for a defeated candidate and seek to void the election
  2. 2 Whether trial judges are bound to award the seat after performing a s.48 computation by striking off tainted votes
  3. 3 Whether trial judges retain jurisdiction to declare an election void where corrupt or illegal practices are proved against one or both candidates

Ratio Decidendi

A petition that claims the seat for a defeated candidate and also prays that the election be void is not invalid; trial judges are not obliged to award the seat after performing a s.48 vote-striking computation and retain jurisdiction under the Act to declare the election void where corrupt or illegal practices sufficient to void the election are proved against one or both candidates (ss.47,48,49,57).

Court Disposition

Appeal dismissed with costs; trial judgment affirmed; election declared void

Orders

  • Appeal dismissed with costs
  • Judgment of trial judges Coderre and Denis JJ. (Q.R. 70 S.C. 339) affirmed