Winnipeg Election Case / Macdonald Election Case

Winnipeg Election Case / Macdonald Election Case

The Court held that a certificate by the Clerk of the Crown in Chancery stating that the list produced is a true copy of the paper returned to him by the returning officer as the list used by the deputy returning officer and that it remains of record in his office is sufficient primâ facie evidence of the...

Source-derived case information.

Citation
(1897) 27 SCR 201
Parties
Appellant: Nathaniel Boyd; Respondent/petitioner: Edwy William Snider
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
24 March 1897
Procedural Posture
Election Petition Appeal / Appeal to Supreme Court of Canada on Preliminary Objections
Outcome
Appeal dismissed with costs
Legal Topics
Service of Petition, Status of Petitioner, Admissibility of Certified Copies, Statutory Interpretation, Precedent Application
Source Language
english
Elections Electoral Law Evidence Administrative Law Service of Petition Status of Petitioner Admissibility of Certified Copies Statutory Interpretation +1 more

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Parties

Nathaniel Boyd

Appellant

Edwy William Snider

Respondent/petitioner

Procedural Posture

Election Petition Appeal / Appeal to Supreme Court of Canada on Preliminary Objections

Legal Issues

  1. 1 Whether the election petitions were properly served
  2. 2 Whether the petitioners' status was proved
  3. 3 Whether certificates from the Clerk of the Crown in Chancery are admissible evidence of the list actually used at the polling division

Ratio Decidendi

The Court held that a certificate by the Clerk of the Crown in Chancery stating that the list produced is a true copy of the paper returned to him by the returning officer as the list used by the deputy returning officer and that it remains of record in his office is sufficient primâ facie evidence of the petitioners' status under the Richelieu precedent; accordingly the preliminary objections failed and the appeals were dismissed.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs.