Sideleau v. Davidson (Controverted election for the Electoral District of Stanstead)

Sideleau v. Davidson (Controverted election for the Electoral District of Stanstead)

Corrupt practices committed by unofficial agents and by members or employees of a political organization relied upon by the candidate are attributable to the candidate under s.49; distribution of funds or liquor without accounting permits an inference of corrupt purpose; a candidate seeking exoneration under s.54 bears the burden of proving strict compliance with all its conditions and failed to do so here; accordingly the election is void.

Citation
[1942] SCR 306
Parties
Appellant: Albert Sideleau; Respondent: Robert Greig Davidson
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
26 June 1942
Procedural Posture
Controverted Election / Appeal to Supreme Court of Canada From Trial Judgment
Outcome
Appeal allowed; petition maintained; election of respondent annulled.
Legal Topics
Corrupt Practices, Agency of Unofficial Agents, Treating, Distribution of Money and Liquor, Exoneration Clause S.54, Burden of Proof
Source Language
English
Elections Electoral Law Corrupt Practices Agency of Unofficial Agents Treating Distribution of Money and Liquor Exoneration Clause S.54 Burden of Proof

Case Brief

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Parties

Albert Sideleau

Appellant

Robert Greig Davidson

Respondent

Procedural Posture

Controverted Election / Appeal to Supreme Court of Canada From Trial Judgment

Legal Issues

  1. 1 Whether acts of unofficial agents and members/employees of a political organization constitute the candidate's corrupt practices under s.49
  2. 2 Whether the word "agent" in s.49 includes unofficial agents and accredited members/employees of a political organization
  3. 3 Whether distribution of liquor and money without accounting raises a presumption of corrupt purpose

Ratio Decidendi

Corrupt practices committed by unofficial agents and by members or employees of a political organization relied upon by the candidate are attributable to the candidate under s.49; distribution of funds or liquor without accounting permits an inference of corrupt purpose; a candidate seeking exoneration under s.54 bears the burden of proving strict compliance with all its conditions and failed to do so here; accordingly the election is void.

Court Disposition

Appeal allowed; petition maintained; election of respondent annulled.

Orders

  • Trial judges' decision reversed
  • Election of Robert Greig Davidson declared annulled