2016–17 Departmental Results Report

Judicial Proceedings (Concluded and Ongoing)

Concluded Proceedings

Shebib v. The Queen and others

This action was filed in Federal Court on October 16, 2015. In his statement of claim, Mr. Shebib challenged certain requirements of the candidate nomination process. The matter was struck by the Federal Court on May 12, 2016.

Ongoing Proceedings

Frank & Duong v. Attorney General of Canada

On May 18, 2012, the applicants challenged the constitutionality of the provisions of the Canada Elections Act which prohibit Canadian citizens residing outside Canada for five consecutive years or more from voting by special ballot in a federal election. On May 2, 2014, the Ontario Superior Court of Justice found the provisions in question to be unconstitutional. On July 20, 2015, the Court of Appeal for Ontario overturned the lower court ruling. The Chief Electoral Officer participated in the matter as an intervenor. The applicants sought and received leave to appeal to the Supreme Court of Canada. The hearing was scheduled to take place on February 16, 2017. On December 1, 2016, the Attorney General of Canada filed a notice of motion in the Supreme Court of Canada requesting an adjournment of the hearing in the case, on the ground that the adoption of Bill C-33 (introduced in Parliament on November 24, 2016) would render the appellants' case moot. The Court has granted the Attorney General's motion. The hearing is now scheduled during the 2018 Winter Session of the Court.

The Council of Canadians, The Canadian Federation of Students, Jessica McCormick, Peggy Walsh Craig, and Sandra McEwing v. Attorney General of Canada

On October 9, 2014, the applicants challenged the constitutionality of An Act to amend the Canada Elections Act and other Acts and to make consequential amendments to certain Acts (the Fair Elections Act) in the Ontario Superior Court of Justice. They alleged that, in breach of section 3 of the Canadian Charter of Rights and Freedoms (the Charter), certain provisions place unreasonable restrictions on identification requirements, restrict the authority of the Chief Electoral Officer to provide public education programs, and eliminate the Chief Electoral Officer's authority regarding enforcement and compliance activities. In addition, the applicants alleged that contrary to section 15 of the Charter, the Fair Elections Act denies electors an equal opportunity to vote. On March 16, 2015, the applicants filed for an injunction requesting a stay of the operation of certain provisions of the Fair Elections Act. The motion requesting the stay was denied on July 17, 2015, and the Divisional Court of the Ontario Superior Court of Justice refused on August 5, 2015, to grant leave to appeal the denial. The original application continues. Elections Canada is participating as an intervenor.

Sylvain Larocque c. Jody Wilson-Raybould et al.

This application was filed on November 24, 2015. The applicant contests the outcome of the election in the electoral district of Salaberry–Suroît under section 524 of the Canada Elections Act. Specifically, Mr. Larocque alleges that the redistribution of the boundaries of the electoral district of Salaberry–Suroît was unconstitutional. A motion to dismiss the application on the grounds that it is vexatious, frivolous and an abuse of process was filed on February 2, 2017, and heard on April 21, 2017. A judgment on the motion has yet to be issued.

Szuchewycz v. Attorney General

This application was filed in the Alberta Court of Queen's Bench on November 13, 2015. In his statement of claim, Mr. Szuchewycz, who failed to meet the requirements to run as a candidate in Calgary Heritage in the 42nd general election, challenges a number of provisions of the Canada Elections Act related to the candidate nomination process on the ground that they violate his rights guaranteed under the Canadian Charter of Rights and Freedoms. Elections Canada is not named as a party. The application was heard on June 28, 2017.