West Prince Election Case

West Prince Election Case

The treating constituted corrupt practice; Callaghan was an agent because no territorial restriction on the association was shown; the appellant failed to take all reasonable means to prevent corrupt practices by that agent and therefore could not obtain the protection of 54 & 55 Vict. c.20 s.19; accordingly the election was void and the appellant unseated.

Citation
(1897) 27 SCR 241
Parties
Appellant: Edward Hackett; Respondent: William Sharp Larkin
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
24 March 1897
Procedural Posture
Controverted Election Appeal / Appeal to Supreme Court of Canada From Prince Edward Island Election Petition Trial
Outcome
Appeal dismissed; judgment of Prince Edward Island judges affirmed; appellant unseated; costs awarded against appellant.
Legal Topics
Corrupt Treating, Agency, Controverted Election Petitions, Limitation of Agency by Locality, Statutory Relief for Trivial Agent Offences (s.19)
Source Language
English
Election Law Corrupt Treating Agency Controverted Election Petitions Limitation of Agency by Locality Statutory Relief for Trivial Agent Offences (s.19)

Case Brief

Summary, issues, holding and outcome

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Parties

Edward Hackett

Appellant

William Sharp Larkin

Respondent

Procedural Posture

Controverted Election Appeal / Appeal to Supreme Court of Canada From Prince Edward Island Election Petition Trial

Legal Issues

  1. 1 Whether the provision of liquor while soliciting a vote constituted corrupt treating
  2. 2 Whether the person who gave liquor (Callaghan) was an agent of the candidate
  3. 3 Whether agency was limited to a locality (DeBlois) or extended throughout the electoral district

Ratio Decidendi

The treating constituted corrupt practice; Callaghan was an agent because no territorial restriction on the association was shown; the appellant failed to take all reasonable means to prevent corrupt practices by that agent and therefore could not obtain the protection of 54 & 55 Vict. c.20 s.19; accordingly the election was void and the appellant unseated.

Court Disposition

Appeal dismissed; judgment of Prince Edward Island judges affirmed; appellant unseated; costs awarded against appellant.

Orders

  • Appeal dismissed with costs
  • Election of appellant declared void