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That is of relevance in these proceedings because of the evidence of fraud occurring in the
(4)
[71]
“…that affected the result of the Election.”
This phrase speaks to the election results as a whole in each district. It is not necessary
that the fraud or corrupt or illegal practice affected the vote of the elector or candidate who
brings an annulment application. But it does require that one or more votes were improperly cast
or denied in the district where the application is brought and that this had an effect on the
outcome in that riding.
[72]
As the majority in Opitz observed at paragraph 25, “affected the result” includes a
situation where a person entitled to vote was improperly prevented from doing so. In an election
marred by procedural irregularities or electoral fraud, even one invalid or suppressed vote could
in principle affect the result. But would it justify annulment?
[73]
In Opitz, at paragraph 61, the Supreme Court noted that an applicant who has led
evidence from which an irregularity could be found will have met his or her prima facie
evidentiary burden. At that point, the respondent runs the risk of having the votes in issue set
aside, unless he or she can adduce or point to evidence from which it may reasonably be inferred
that no irregularity occurred, or that despite the irregularity, the votes in question were
nevertheless valid. The applicants rely on this to assert that they need only raise a prima facie
2013 FC 525 (CanLII)
Guelph district.
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