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B.
Part 20 of the Act – CONTESTED ELECTIONS
[46]
Prior to the enactment of the 2000 Act, procedures to overturn election results were
In applications under that legislation the presiding Court could exercise both criminal and civil
jurisdiction. In the various studies and reports on the former legislative regime, these procedures,
requiring a finding of criminal liability, were considered to be cumbersome, costly and timeconsuming and were, for those reasons, rarely employed. The two jurisdictions, civil and
criminal, were, therefore, treated separately in the 2000 Act.
[47]
The criminal process is now left to the Commissioner and the Director of Public
Prosecutions who may initiate investigations and prosecutions under Part 19, where justified by
the evidence and the public interest. The prosecutions may result in penal sanctions against an
individual or individuals.
[48]
Part 20 of the Act now provides for civil applications to overturn an election. It is a
complete code for the validity of an election to be challenged by a candidate or an elector and the
result will touch upon the election outcome, not provide sanctions against individuals. The
election of a candidate may not be contested otherwise than in accordance with Part 20, and the
making of an application to contest an election does not affect any right or obligation of a
candidate in that election (s 522).
(1)
The Act contemplates parallel criminal and civil processes
2013 FC 525 (CanLII)
governed by the above mentioned Dominion Controverted Elections Act, a 19th century statute.
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