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requirements do not constitute reasonable limits within the meaning of s 1 of the Charter, as can
be demonstrably justified in a free and democratic society.
Facts
[4]
The Applicant, who at the time of filing his nomination application lived in Edmonton,
Alberta, attempted to run as an independent candidate in the federal election of 2015 in the
Calgary-Heritage electoral district.
[5]
On October 5, 2015, the Applicant’s nomination application was refused by the
Returning Officer in the electoral district. Multiple reasons were given for the refusal including
the Applicant’s failure to provide: (i) information about his auditor; (ii) a letter of acceptance of
an auditor; (iii) the signature of a witness to the candidate’s oath; (iv) the signature of a person
authorized to administer oaths; (v) a $1000 deposit; or (vi) original documents within two days
of the close of nominations, required because his application was electronically submitted.
[6]
The Applicant indicates in his affidavit evidence that he was able to meet the deposit
requirement. However, he did not provide it in anticipation of being refused on other grounds,
based on his conversation with the Returning Officer.
[7]
The Attorney General of Canada [Respondent or Crown] acknowledges that the
Returning Officer incorrectly informed the Applicant that, despite being able to file his
documentation electronically, the witness to the Applicant’s consent to candidacy would need to
attend in person at the returning office in Calgary and swear to an oath in writing and in person.
Issues
[8]
The issues raised in this application are:
Issue 1: Do the provisions of sections 66(1) (e), (f), & (g) and 67(2); 67(1), (3)(a), (b), &
(c); and 67(4)(a) of the Act infringe the rights and freedoms guaranteed by s 3 of the
Charter?
Issue 2: If the answer to Issue (1) is in the affirmative, does the infringement constitute a
reasonable limit within the meaning of s 1 of the Charter?
Impugned Legislative Provisions
[9]
The impugned provisions of the Act read:
66 (1) A nomination paper shall be in the prescribed form and include
...
(e) for any electoral district except one listed in Schedule 3, the names,
addresses and signatures, made in the presence of a witness, of at least
100 electors resident in the electoral district;
2017 ABQB 645 (CanLII)
[3]
For the reasons below, I agree with the Applicant regarding the Deposit Requirement
Provision, and find a breach of s 3 of the Charter that is not saved by s 1.