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Page: 16 As such, I declare that s 67(4)(a) of the Act is of no force and effect. Heard on the 28th day of June, 2017. Dated at the City of Edmonton, Alberta this 25th day of October, 2017. Justice A.B. Inglis J.C.Q.B.A. Appearances: K. Szuchewycz Self-Represented Applicant K. Pinno and M. Lima Department of Justice Canada for the Respondent 2017 ABQB 645 (CanLII) [94]

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Szuchewycz v. Attorney General

Judgment

Question Presented: Whether the provision on which the candidate’s registration were denied are in violation of the Charter.

Alleged Acts: The plaintiff in this case applied a candidate and his application was refused on the following grounds: (1) failure to provide auditor information; (2) failure to provide an auditor letter of acceptance; (3) failure to provide a signature of witnesses or administer for the candidate oath; or (4) the deposit.

Summary: The deposit requirement was allegedly implemented to weed out the frivolous candidates, ensure compliance with reporting requirements. However, the court determined that the serious candidates did not necessarily have more financial means to participate and the provision did not necessarily serve its purpose. The deposit requirement was a significant restriction on participatory democracy. The court however, found that all other provisions were not in violation of the Charter because the were not significant restrictions and did protect the integrity of the democratic system.

Conclusion: The provision in violation of the Charter is the deposit requirement because citizen must have the ability to meaningfully participate in the electoral process.

Legal Issue(s)

Candidate Registration

Region: Americas

Country: Canada

Language of Decision

English

Court: Supreme Court

Election Type: General

Date of decision: Oct 25, 2017

Geolocation

Latitude: 53.56750024180303

Longitude: -113.55676972269997

: Geolocation

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Szuchewycz v. Attorney General.pdf
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Election Judgments - IFES

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Szuchewycz v. Attorney General

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