Page: 21
[49]
The respondent MPs contended initially that criminal investigations and controverted
validity applications in relation to an election should proceed sequentially, with Part 19
argued, that annulment under Part 20 should be a last resort when there has been wrongdoing in
the course of an election. To address the strict time limitation on the bringing of an annulment
application imposed by the statute, they suggested that the Court could impose a stay pending the
outcome of the investigation and the prosecution, if any, that might follow within the statutory
limitation period set out in s 514. That is 5 years from the day on which the Commissioner
became aware of the facts giving rise to the prosecution but, in any case, not later than 10 years
after the day on which the offence was committed.
[50]
I agree with the Chief Electoral Officer that the Act contemplates that applications to
annul an election may be brought at the same time as an investigation into possible violations of
the Act is conducted by the Commissioner. This conclusion is supported by the time limit
imposed for bringing a civil application, the requirement, in s 525(3), that such applications shall
be dealt with summarily and without delay and the lengthy limitation period for prosecutions
provided for in s 514. It is also consistent with the objective of ensuring the integrity of the
electoral process when the results are found to have been affected by the conduct described in s
524. At the conclusion of the hearing, the respondent MPs conceded that this interpretation was
correct.
(2)
The test, burden and standard of proof for invalidity
2013 FC 525 (CanLII)
procedures being completed first and then Part 20 procedures begun. Parliament intended, they
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