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[72] As already noted above, all ten provinces have signature requirements and
Manitoba and Québec rely only on signatures as their means of restricting the
number of candidates....[T]he evidence establishes that the signature requirement
is a more effective and a more desirable means of achieving the government’s
objective of deterring frivolous candidates.
[45] I agree with these observations and comments, which align with the Charter’s guarantee
of a meaningful, but not unlimited participation in the electoral process.
[46] The integrity of the electoral process must include a way to filter frivolous candidates that
are not otherwise willing or planning to participate fully in the electoral process. The signature
requirement is not a test of support prior to election necessarily (although it may have that
effect), but a relatively minor test of the potential candidate’s ability or willingness to be an
actual candidate.
[47] In my view, the signature requirement is not a significant restriction upon a citizen’s
ability to meaningfully participate as a candidate. The Applicant himself showed through his
evidence that by spending two days in a riding that he did not live in – or show any particular
connection to – he was able to significantly exceed the required threshold. I could not find any
evidence that this requirement, in any way, affected his ability to run as a candidate. Nor am I
persuaded that it would prevent an otherwise willing and able citizen in general to participate as
a candidate.
[48] Consequently, the impugned Signature Requirement Provision of the Act does not breach
s 3 of the Charter.
Witness Requirement Provision
[49] The requirement that a witness to a prospective candidate’s oath should attend physically
or in person at the Returning Office co-exists with the provision of s 73 of the Act, which permits
the electronic filing of nomination papers. The Applicant acknowledges his awareness of this
alternative method of filing a nomination application.
[50] Although the Returning Officer, in this instance, misinformed the Applicant that his
witness was required to be personally present at the Returning Office in Calgary, that error is
insufficient to discount both the provision of s 73 of the Act and the express instructions included
with each nomination application that the “Oath of Witness to Consent of Candidate of the
Nomination Paper [does] not have to be completed when the Nomination Paper is sent by
electronic means.”
[51] I agree with the Respondent that the Witness Requirement Provision is not a significant
restriction upon a potential candidate’s ability to meaningfully participate as a candidate. The
evidence before me does not in any way demonstrate that this witness requirement infringed on
the Applicant’s (or any individual’s) ability to run as a candidate. Nor do I find it would affect
any candidate in general from so participating.
2017 ABQB 645 (CanLII)
signatures is a way of communicating the candidate’s or his or her party’s
political message.
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