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Canada decisions
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The Supreme Court of Canada held that an Elections Canada postal-code error on special-ballot return envelopes was an irregularity that affected the result and annulled the Terrebonne election.
The Federal Court quashed a Poundmaker Cree Nation election appeal tribunal decision for jurisdictional error, procedural unfairness, and reasonable apprehension of bias.
The Federal Court granted judicial review, setting aside the removal of three Pelican Lake First Nation leaders because the process was procedurally unfair.
The court granted a limited adjournment in an election petition, finding the hearing date was not tentative but that fairness required more time to prepare.
The court ordered oral evidence and several pre-hearing examinations in an Election Act petition challenging the Surrey-Guildford result, while refusing to convert the case to an action.
The Federal Court suspended a Charter challenge to a First Nation election residency rule for 12 months, dismissed mandamus, and awarded the applicant $4,000 costs.
La Cour fédérale a accueilli en partie la demande: elle a annulé les BCR des groupes 1 et 2, rejeté une motion fondée sur la règle 312 et ordonné une rémunération rétroactive.
Majority (Gomery A.C.J.A. and Harvison Young J.A.): s.7 protects an irreducible sphere of personal autonomy that includes choices of residence; s.24(4) of the Canada Elections Act automatically vacating a returning officer’s office if they cease to reside in the electoral district is overbroad, violates s.7 and is not justified under s.1; declaration under s.52(1) that s.24(4) is of no force or effect. Dissent (Miller J.A.): s.7 is confined to deprivations arising from interactions with the administration of justice and would uphold the residence rule.
Source excerpt
The Federal Court granted an amendment of style of cause and an interlocutory injunction in a First Nation election judicial review, while awarding no costs.
Federal Court dismissed a challenge to the 2022 Key First Nation election, finding no proven breach of nomination rules, no likely effect on the result, and no evidence of disqualifying conviction.
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