Lorentz v. Suhr

Lorentz v. Suhr

Subsection 16(2) of the FNER authorizes the electoral officer alone to mail or personally deliver urgent mail-in ballot packages; permitting a candidate to deliver/mail-in ballot packages violated para 14(b) of the FNEA and s.16(2) of the FNER, rendering three ballots invalid; because the successful candidate's...

Source-derived case information.

Citation
2022 FC 1138
Parties
Applicant (elector): Kelsey Lorentz; Respondent (electoral Officer): Loreen Suhr; Respondent (candidate / Successful Chief): Clayton Charlie
Court
Federal Court
Jurisdiction
Canada
Judgment Date
8 September 2022
Procedural Posture
Election Contest Under the First Nations Elections Act / Application Pursuant to S.31 With Judgment Allowing Relief and Ordering New Election Under S.35(1)
Outcome
Application allowed; contested by-election set aside
Legal Topics
Mail in Ballots, Election Integrity, Statutory Interpretation, Conflict of Interest, Remedy: Setting Aside Election
Source Language
english
Indigenous Law Electoral Law Administrative Law Civil Procedure Mail in Ballots Election Integrity Statutory Interpretation Conflict of Interest +1 more

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Parties

Kelsey Lorentz

Applicant (elector)

Loreen Suhr

Respondent (electoral Officer)

Clayton Charlie

Respondent (candidate / Successful Chief)

Procedural Posture

Election Contest Under the First Nations Elections Act / Application Pursuant to S.31 With Judgment Allowing Relief and Ordering New Election Under S.35(1)

Legal Issues

  1. 1 Whether provisions of the FNEA regime were contravened (timeline, notices, mail-in ballot procedures, safekeeping, delivery by third party)
  2. 2 Whether any contravention was likely to have affected the result of the by-election
  3. 3 Whether court should exercise discretion to set aside election

Ratio Decidendi

Subsection 16(2) of the FNER authorizes the electoral officer alone to mail or personally deliver urgent mail-in ballot packages; permitting a candidate to deliver/mail-in ballot packages violated para 14(b) of the FNEA and s.16(2) of the FNER, rendering three ballots invalid; because the successful candidate's margin was one vote and three unlawful votes existed, the winner was in doubt and the by-election was set aside and a new election ordered.

Court Disposition

Application allowed; contested by-election set aside

Orders

  • Set aside the April 14, 2021 Burns Lake by-election pursuant to s.35(1) of the FNEA
  • Order that a new election take place in accordance with the FNEA regime