Page: 33
1994) at p 886, 1994 US App LEXIS 4602; Bell v Southwell, 376 F 2d 659 (5th Cir 1967) at pp
[81]
What may constitute a corrosive effect on the integrity of the electoral process will
depend on the facts of each case. I do not read the comments of the majority in paragraph 43 of
Opitz as providing authority for the proposition that the Court may overturn election results in
every case in which electoral fraud, corruption or illegal practices have been demonstrated. In
that paragraph, the Supreme Court cited Cusimano v Toronto (City), 2011 ONSC 7271, [2011]
OJ No 5986 (QL) at para 62: “An election will only be set aside where the irregularity either
violates a fundamental democratic principle or calls into question whether the tabulated vote
actually reflects the will of the electorate.”
[82]
At paragraph 48 of Opitz, the majority cautioned that annulling an election would
disenfranchise not only those persons whose votes were disqualified (in the context of an
irregularities case) but every elector who voted in the riding. That suggests, in my view, that the
Court should only exercise its discretion to annul when there is serious reason to believe that the
results would have been different but for the fraud or when an electoral candidate or agent is
directly involved in the fraud.
[83]
In summary, there are three steps required to annul under the Act in the context of the
vote suppression allegations before the Court. The applicants must first demonstrate one of the
four circumstances in s 524(1)(b): irregularities, fraud, corrupt practices, or illegal practices.
Once the first step has been achieved, if even a single vote is shown to not have been cast due to
2013 FC 525 (CanLII)
662, 664, 1967 US App LEXIS 6731.
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