Major Court Cases Relating to the Federal Electoral Legislation

Proof of identity and residence

• Henry v. Canada (Attorney General) (Supreme Court of British Colombia, May 3, 2010)

Reimbursement of election expenses

• L.G Callaghan v. The Chief Electoral Officer (Federal Court, January 18, 2010)

Accessibility to polling sites

• Hughes and Canadian human rights commission v. Elections canada (Canadian Human Rights Tribunal, February 12, 2010)

Calculation of election expenses

• Conservative Fund Canada v. Chief Electoral Officer of Canada (Ontario superior court of justice, December 31, 2009)

Allocation of Broadcasting Time

• Reform Party of Canada et al v. Canada (Alberta Court of Appeal, March 10, 1995)

Electoral Boundaries

• Reference Re: Provincial Electoral Boundaries (Sask.) (Supreme Court of Canada, June 6, 1991)
• Société des Acadiens et Acadiennes du Nouveau-Brunswick v. Canada (injunction denied in New Brunswick Court of Queen's Bench, April 29, 1997; action discontinued on May 7, 2002)
• Raîche v. Canada (Attorney General) (Federal Court, May 11, 2004)

Merger of Registered Political Parties

• Ahenakew v. MacKay (Ontario Court of Appeal, June 3, 2004)
• Stevens v. Conservative Party (Federal Court of Appeal, November 17, 2005)

Opinion Poll Blackout

• Thomson Newspapers Co. v. Canada (Attorney General) (Supreme Court of Canada, May 29, 1998)

Premature Transmission of Election Results

• R. v. Bryan (Supreme Court of Canada, March 15, 2007)

Prisoner Voting

• Sauvé v. Canada (Supreme Court of Canada, May 27, 1993)
• Sauvé v. Canada (Chief Electoral Officer) (Supreme Court of Canada, October 31, 2002)

Quarterly Allowance

• Longley v. Canada (Attorney General) (Ontario Court of Appeal, December 6, 2007)

"Registered Political Parties" – Definition

• Figueroa v. Canada (Attorney General) (Supreme Court of Canada, June 27, 2003)

Reimbursement of Election Expenses

• Barrette v. Canada (Attorney General) (Quebec Court of Appeal, March 18, 1994)

Signs – Placement of Electoral Signs on Public Property

• Beaumier v. City of Brampton (Ontario Court of Justice, February 6, 1998); appeal dismissed by the Ontario Court of Appeal November 19, 1999

"Third Parties" – Regulation of "Election Advertising" by Third Parties (i.e. groups that do not run candidates)

• Somerville v. Canada (Attorney General) (Alberta Court of Appeal, June 5, 1996)
• Libman v. Quebec (Supreme Court of Canada, October 9, 1997)
• Harper v. Canada (Attorney General) (Supreme Court of Canada, May 18, 2004)
• Commissioner of Canada Elections v. National Citizen's Coalition (Ontario Court of Justice, October 14, 2003)

Uses of Political Contributions

• Longley v. Minister of National Revenue (British Columbia Supreme Court, June 30, 1999)