Chapter 4The House of Commons and Its Members

Electoral Process

A dissolution of Parliament terminates all business in the Senate and in the House of Commons and is followed by a general election. The date of a general election is set in accordance with the provisions of the Canada Elections Act, which stipulates that each general election must be held on the third Monday in October in the fourth calendar year following polling day for the last general election, unless the Governor General sees fit to hold the general election on another date.¹²⁵

The election process has evolved considerably since 1867. The Constitution Act, 1867, stated that electoral laws in force at the time in the provinces would apply to the election of Members until such time as Parliament enacted its own legislation.¹²⁶ Thus, in 1867 and in 1872, polling days were held on different days in different locations over several weeks.¹²⁷ In 1867, elections were held on different dates in different ridings over a period of six weeks. The 1872 election lasted three months.¹²⁸ Moreover, with the exception of elections in New Brunswick where the secret ballot had been adopted in 1855, voting was done orally.¹²⁹ In 1874, Parliament passed electoral legislation which stipulated that votes had to be cast on the same day in all electoral districts and by secret ballot.¹³⁰ A number of administrative and process amendments were made to the legislation over the following decades, and in 1920 a new statute was enacted. Among other matters, the Dominion Elections Act created the office of the Chief Electoral Officer to oversee the election process.¹³¹ In 1929, the Act was amended to establish Monday as polling day, unless that day was a statutory holiday, in which case the election would be held the next day.¹³² Statutory provisions to specify the length of an election were introduced only in 1982, when the electoral period was set at a minimum of 50 days;¹³³ in 1993, the election period was shortened to a minimum of 47 days.¹³⁴ In 1996, amendments to the Canada Elections Act introduced a permanent register of electors, reduced the minimum time required between the issue of the election writs and polling day to 36 days and staggered the hours of voting across Canada’s six time zones with polling stations open 12 hours in each region.¹³⁵ In 2000, the Canada Elections Act was repealed and replaced with an identically titled new statute which modernized the organization and terminology of electoral legislation.¹³⁶ In addition, the new statute repealed the Dominion Controverted Elections Act, which dealt with disputed election results; new provisions for resolving such matters were added to the Canada Elections Act. The Corrupt Practices Inquiries Act (1876) and the Disfranchising Act (1894) were also repealed.¹³⁷ In 2007, the Canada Elections Act was amended to provide for fixed elections every four years.¹³⁸ Finally, in 2014, Parliament passed a bill to bring a range of changes to the Canada Elections Act and to make consequential amendments to other Acts.¹³⁹ The amendments concerned, among other matters, the Office of the Chief Electoral Officer, election preparation, voting procedures, communications with electors, election campaign financing, the enforcement of the Act, prohibitions and the Office of the Commissioner of Canada Elections.¹⁴⁰

Issue of the Writs of Election for a General Election

The Prime Minister begins the process of calling a general election by presenting the Governor General with an Instrument of Advice recommending that Parliament be dissolved. Once the proclamation dissolving Parliament has been issued, the Prime Minister presents an Order in Council to the Governor General recommending that writs of election be issued. The Governor in Council then issues a proclamation ordering the issue of writs of election and fixing the date of the election as well as the date for the return of the writs.¹⁴¹ The issue of the proclamation marks the start of a general election.

When a general election is called, the Chief Electoral Officer issues each returning officer a writ of election.¹⁴² A writ is a formal written order instructing the returning officer in each electoral district to hold an election for a Member of Parliament. The writ specifies such details as the polling date and the date on which the writ, with the name of the successful candidate noted on the back, is to be returned to the Chief Electoral Officer.¹⁴³ The date of the issue of the writ, the polling day and the date for the return of the writ are the same for each electoral district¹⁴⁴ (see Figure 4.2, “The Writ of General Election”).

The returning officer is responsible for the conduct of an election within an electoral district.¹⁴⁵ One returning officer is appointed by the Chief Electoral Officer for each electoral district following a competitive process.¹⁴⁶ The Chief Electoral Officer establishes the qualifications for returning officers as well as the appointment process and reports these to the Speaker, who tables the report in the House.¹⁴⁷ The returning officer is appointed for a term of 10 years.¹⁴⁸

Image of the text of a writ of general election. — Figure 4.2 The Writ of General Election

The writs of election cannot be issued or dated later than the 36th day before polling day, making the minimum length of a federal election campaign 36 days.¹⁴⁹ Within four days after the writ is issued (see Figure 4.2, “The Writ of General Election”), the returning officer prepares a notice of election that indicates the deadline date and time for the receipt of nominations, the date for polling day, the expected date and time for the validation of the results, and the address of the returning officer’s office¹⁵⁰ (see Figure 4.3, “Notice of Election”).

Image of the text of a notice of election prepared by a returning officer. — Figure 4.3 Notice of Election

No later than 2:00 p.m. on the closing day for nominations, which is Monday, the 21st day before polling day,¹⁵¹ each candidate must file with the returning officer a nomination paper that consists of several documents, including declarations signed by the candidate stating that he or she is seeking election and accepts the nomination; a declaration of acceptance signed by the candidate’s official agent; a list of at least 100 names, addresses and signatures of electors resident in the electoral district who endorse the candidate; a party’s endorsement, if any; and a statement of acceptance signed by the candidate’s auditor. A $1,000 deposit is also required to ensure the candidate’s intention to stand as an official candidate.¹⁵² Candidates who change their mind have until 5:00 p.m. on the closing day for nominations to withdraw or make changes to their name, address or occupation as set out in the nomination paper.¹⁵³

Where, as of 2:00 p.m. on the 19th day before polling day, only one candidate has been officially confirmed for an electoral district, the returning officer immediately returns the writ of election to the Chief Electoral Officer stating that the candidate is duly elected for that electoral district.¹⁵⁴

Issue of Writ for a By-election

Whenever a vacancy in the representation of the House occurs during a Parliament for whatever reason, the Speaker addresses a warrant to the Chief Electoral Officer for the issue of a writ of election to fill the vacancy.¹⁵⁵ The writ for a by-election must be issued between the 11th day and the 180th day after the receipt of the warrant for the issue of the writ by the Chief Electoral Officer.¹⁵⁶ While the Parliament of Canada Act requires by-elections to be called within six months of a seat becoming vacant, there is no limit on how far in the future the actual date of the by-election may be set. The date of the by-election is fixed by the Governor in Council and must be at least 36 days after the issue of the writ.¹⁵⁷ More than one by-election may be held on the same day.

A writ for a by-election is deemed to have been superseded and withdrawn if Parliament is dissolved prior to the date set for the by-election.¹⁵⁸

Return of the Writ

After the close of the polls on election day, the ballots in each polling station are counted by deputy returning officers in the presence of the poll clerks and any candidates or their representatives. If no candidates or representatives are present, at least two electors must be present.¹⁵⁹ The results are written on the statements of the vote, which are sent to the returning officer for validation.¹⁶⁰ In the notice of election that each returning officer issues, the time and date for the validation of the election results are indicated; that date must not be later than seven days following the polling date.¹⁶¹ Normally, immediately after the sixth day following the completion of the validation of the results, the returning officer is required to complete the form on the back of the writ, declaring a candidate elected.¹⁶² The returning officer returns the writ of election along with a post-election report and all other election documents to the Chief Electoral Officer.¹⁶³

A judicial recount of the ballots is requested automatically by the returning officer whenever the winning candidate is separated from any other candidate by less than one one-thousandth (1/1000) of the total votes cast.¹⁶⁴ A judicial recount may also take place if, within four days of the validation of the results, an elector applies to a judge for a recount, claiming that there were irregularities in the addition of the ballots; the application must include an affidavit of a credible witness.¹⁶⁵ The judicial recount is conducted by a judge and must take place no later than four days after the application has been received.¹⁶⁶ The judge conducts the recount by adding the number of votes reported in the statements of the vote prepared by the deputy returning officers on the night of the election.¹⁶⁷

As soon as the recount is completed, the judge prepares a certificate setting out the number of votes cast for each candidate and delivers it to the returning officer.¹⁶⁸ The results of the recount are final. The returning officer completes the return of the writ for the candidate who received the majority of the votes and sends the writ to the Chief Electoral Officer.¹⁶⁹

If the recount results in two candidates receiving the same number of votes, the Chief Electoral Officer informs the Speaker that no candidate has been declared elected because of the equality of the votes, and a new election must be held in the district in question.¹⁷⁰

The Chief Electoral Officer publishes the name of each candidate declared elected in the Canada Gazette.¹⁷¹ In addition, the Chief Electoral Officer is required to publish a report of the official voting results of each polling division without delay following a general election and within 90 days of the return of the writ for a by-election.¹⁷² The Chief Electoral Officer also provides the Speaker of the House of Commons with a report on the conduct of a general election within 90 days of the date set for the return of the writs and within 90 days of the end of the calendar year for any by-election held that year.¹⁷³

The Chief Electoral Officer provides the Clerk of the House with a certified list of Members returned to serve in the House of Commons. The list is tabled in the House by the Clerk at the beginning of the first session of the new Parliament and is included in the Journals.¹⁷⁴

The official agents of all candidates must provide the Chief Electoral Officer with an electoral campaign return within four months of polling day.¹⁷⁵ If an elected candidate fails to submit the return or does not make the corrections or revisions requested by the Chief Electoral Officer within the prescribed time, or within any extension authorized, he or she will not be permitted to sit or vote in the House until the report is filed or the corrections are made.¹⁷⁶

Contested Elections

An election may be contested (i.e., challenged) if there are allegations that irregularities, fraud, or corrupt or illegal practices affected the outcome of the election in a particular riding or if there are grounds to believe the elected candidate did not meet the criteria to be eligible to seek election.¹⁷⁷

Prior to Confederation, Nova Scotia, New Brunswick and the Province of Canada followed the example of the British Parliament in dealing with electoral matters in their own legislatures. After Confederation, between 1867 and 1873, the Speaker of the House of Commons regularly appointed six Members to serve on the General Committee of Elections to adjudicate contested elections.¹⁷⁸ This Committee routinely passed judgment on cases of bribery and corruption in electoral contests, and its decisions were usually perceived to be based on partisan grounds rather than any findings of corrupt practices. Indeed, only one election was ever voided.¹⁷⁹ In 1873, the House transferred to the provincial courts exclusive jurisdiction over matters relating to the election of its Members.¹⁸⁰ A candidate or any qualified elector who wished to contest the result of an election filed an election petition with the provincial or territorial court designated in the Dominion Controverted Elections Act to hear such cases. Trials were conducted without jury by two superior court justices for the province in which the disputed election took place. The judges would award the election to a candidate other than the one who was declared elected by the returning officer, or declare the election null and void, or dismiss the petition (i.e., confirm the original result). With the introduction of the secret ballot, simultaneous elections across the country, and the enactment of new election laws, the number of contested elections gradually dropped.¹⁸¹ Since 1949, only five elections have been declared void, all on the grounds that a number of ballots were unlawfully cast.¹⁸² In 2000, the Dominion Controverted Elections Act was repealed and modern provisions for dealing with contested elections were included in the Canada Elections Act.¹⁸³

Even today, any elector who was eligible to vote in the electoral district or any candidate in that district may submit an application to contest the election before a judge in a designated provincial or territorial court, or the Federal Court.¹⁸⁴ If the basis for the application is that irregularities, fraud, or corrupt or illegal practices occurred in the election, the application must be filed no later than 30 days after the later of the date the contested election result is published in the Canada Gazette or the date the applicant first knew or should have known that an irregularity, fraud, or corrupt or illegal practice had occurred.¹⁸⁵ The judge will hear the application and either dismiss it if there is no evidence to support the allegation, or declare the election null and void if the allegation is substantiated.¹⁸⁶

The court sends a copy of the decision to the Speaker; the Speaker will also be informed if an appeal has been filed. If no appeal is filed, the Speaker communicates the decision to the House.¹⁸⁷ An appeal to the Supreme Court of Canada must be filed within eight days of the decision being rendered. The Court must rule without delay and transmit its decision to the Speaker, who communicates it to the House.¹⁸⁸ If the election is declared null and void, the Speaker addresses a warrant to the Chief Electoral Officer for the issue of a writ for an election.¹⁸⁹

125.: Supra note 1, s 56.1(2). It is important to note that the Canada Elections Act, supra note 1, does not affect the powers of the Governor General, including the discretionary power to dissolve Parliament at any time (s 56.1(1)). If the Chief Electoral Officer is of the opinion that the third Monday in October is not suitable for cultural, religious or other reasons, he or she may recommend another date to the Governor in Council (s 56.2(1)). The alternate day must either be the Tuesday immediately following the Monday that would otherwise be polling day or the Monday of the following week (s 56.2(4)). For further information, see Chapter 8, “The Parliamentary Cycle”.
126.: Supra note 1, s 41.
127.: Jackson and Jackson (Politics in Canada, 7th ed., p. 439) states that this allowed the government to control the timing of elections in each region: “Elections were held first in those areas where the government was the most popular, moving to areas of lesser support only later”. This system even allowed a candidate who lost in one riding to run again in another riding. See Elections Canada, A History of the Vote in Canada, 2nd ed., p. 43.
128.: Elections Canada, A History of the Vote in Canada, 2nd ed., p. 43. See also Appendix 10, “General Election Results Since 1867”, of this volume.
129.: Ibid., 2nd ed., p. 43.
130.: An Act respecting the Elections of Members of the House of Commons, SC 1874, c 9.
131.: SC 1920, c 46, in particular s 19.
132.: An Act to amend the Dominion Elections Act, SC 1929, c 40, s 15.
133.: An Act to amend the Canada Elections Act, SC 1980–81–82, c 96, s 2. The government had originally proposed a 47-day campaign period. Prior to 1982, campaigns averaged about 60 days because of the time needed to prepare and finalize the voters’ list. See the comments of Donald S. Macdonald (President of the Privy Council) in 1970 at second reading of Bill C-215, An Act respecting the franchise of electors and the election of members to the House of Commons, 2nd Sess, 28th Parl, 1972 (Debates, May 27, 1970, pp. 7391–4) and of David Collenette (Parliamentary Secretary to the President of the Privy Council) in 1981 at second reading of Bill C-58, An Act to amend the Canada Elections Act, 1st Sess, 32nd Parl, 1981 (Debates, April 14, 1981, pp. 9279–81).
134.: An Act to amend the Canada Elections Act, SC 1993, c 19, s 3.
135.: An Act to amend the Canada Elections Act, the Parliament of Canada Act and the Referendum Act, SC 1996, c 35. See also Royal Commission on Electoral Reform and Party Financing, Reforming Electoral Democracy: Final Report, vol. 2 (Ottawa: Minister of Supply and Services Canada, 1991), p. 79, tabled in the House on February 13, 1992 (Journals, p. 1016). Prior to the passage of the 1996 amendments, the enumeration or collection of names of voters was done after an election was called. Since mid-campaign enumeration is no longer required because of the establishment of a permanent register of electors, it was feasible to shorten the election campaign period to 36 days. In addition, the staggered hours of polling rectified the long-standing grievance of western voters who heard election results from eastern and central Canada while the polls in the west were still open. For further information, see Elections Canada, A History of the Vote in Canada, 2nd ed., pp. 103–4.
136.: Canada Elections Act, supra note 1. The new statute reflected recommendations made by the Royal Commission on Electoral Reform and Party Financing in 1991, by the Chief Electoral Officer in his reports to Parliament and by the Standing Committee on Procedure and House Affairs in 1998 (Thirty-Fifth Report, presented to the House on June 18, 1998 (Journals, September 21, 1998, p. 1039)). See also the remarks of Don Boudria (Government House Leader) during debate on the motion to refer the bill to committee before second reading (Debates, October 19, 1999, pp. 307–9).
137.: The Corrupt Practices Inquiries Act was adopted in 1876 and provided for the establishment of a commission of inquiry to investigate the existence of corrupt or illegal practices at the election of Members of the House of Commons (SC 1876, c 9 and c 10). The Disfranchising Act was enacted in 1894 and provided for the presentation to the courts of a petition alleging bribery in an election and for the disenfranchisement of electors who had taken bribes (SC 1894, c 14).
138.: An Act to amend the Canada Elections Act, SC 2007, c 10. Further information on the evolution of the electoral process can be found on the Elections Canada website, The Evolution of the Federal Electoral Process, December 2014, http://www.elections.ca/content.aspx?section=vot&dir=bkg&document=ec92530&lang=e. For further information, see Chapter 8, “The Parliamentary Cycle”.
139.: Bill C-23, An Act to amend the Canada Elections Act and other Acts and to make consequential amendments to certain Acts, 2nd Sess, 41st Parl, 2014.
140.: The Commissioner of Canada Elections is responsible for ensuring compliance with and enforcement of the Canada Elections Act, supra note 1, and the Referendum Act, SC 1992, c 30 [Referendum Act]. Before the relevant provisions of Bill C-23, An Act to amend the Canada Elections Act and other Acts and to make consequential amendments to certain Acts, supra note 139, came into force, the Commissioner served at the pleasure of the Chief Electoral Officer. Since those provisions came into force in October 2014, the Canada Elections Act, supra note 1, provides that the Commissioner be appointed by the Director of Public Prosecutions to hold office during good behaviour for a term of seven years. In addition, the Commissioner’s position is now within the Office of the Director of Public Prosecutions, but the Commissioner conducts investigations independently of that office.
141.: Canada Elections Act, supra note 1, s 57(1). See, for example, Proclamation Issuing Election Writs, SI/2005-131, (2005) C Gaz II, 3; Proclamation Issuing Election Writs, SI/2008-106, (2008) C Gaz II, 3; Proclamation Issuing Election Writs, SI/2011-33, (2011) C Gaz II, 3; Proclamation Issuing Election Writs, SI/2015-76, (2015) C Gaz II, 3. The Governor in Council may order the withdrawal of the writ for an electoral district if the Chief Electoral Officer advises that it would be impractical to conduct an election because of a flood, fire, or other disaster. The new polling day must be within three months after the issue of the new writ (s 59).
142.: Canada Elections Act, supra note 1, ss 57(1.2)(a) and 58.
143.: Ibid., s 58 and Schedule 1, Form 1.
144.: Ibid., s 57(2).
145.: Ibid., s 24(2).
146.: Ibid., s 24(1). Each year between January 1 and January 20, the Chief Electoral Officer publishes in the Canada Gazette the name, address and occupation of the returning officer for each electoral district in Canada (s 25). Prior to 2007, returning officers were appointed by Governor in Council.
147.: Canada Elections Act, supra note 1, ss 535.2 and 536. See, for example, Journals, February 6, 2007, p. 965; June 5, 2013, p. 3304.
148.: Canada Elections Act, supra note 1, s 24(1.3). The appointment may be terminated if the electoral district changes as a result of a representation order made under section 25 of the Electoral Boundaries Readjustment Act, supra note 7, if the returning officer moves outside the riding or resigns, or is removed by cause by the Chief Electoral Officer (ss 24(4) and 24(7)). For further information on the qualifications and appointment of returning officers, see sections 24(1.1) to 24(1.5).
149.: Canada Elections Act, supra note 1, s 57(1.2)(c). Since 1996, most general elections have lasted 36 or 37 days. However, the 39th general election lasted 55 days, as it included the December holiday period, and the 42nd general election spanned 78 days.
150.: Ibid., s 62.
151.: Ibid., ss 69 and 70.
152.: Ibid., ss 66 and 67.
153.: Ibid., ss 74 and 75.
154.: Ibid., s 63.
155.: Parliament of Canada Act, supra note 9, s 28(1). See, for example, Journals, October 16, 2007, pp. 1–2; April 7, 2008, pp. 654–5. In the absence of the Speaker, any two Members may address the warrant to the Chief Electoral Officer (s 28(2)). For further information, see the section in this chapter entitled “Vacancies in Representation”.
156.: Parliament of Canada Act, supra note 9, s 31(1).
157.: Canada Elections Act, supra note 1, ss 57(1.1) and 57(1.2).
158.: Parliament of Canada Act, supra note 9, s 31(3). The Chief Electoral Officer publishes the notice of the withdrawal of the writ and the cancellation of the election in the Canada Gazette (Canada Elections Act, supra note 1, s 551). See, for example, Withdrawal of Four By-election Writs, (2008) C Gaz I; Withdrawal of Three By-election Writs, (2015) C Gaz I, 3.
159.: Canada Elections Act, supra note 1, s 283.
160.: Ibid., ss 288(4), 290(1) and 293(1).
161.: Ibid., s 62(c).
162.: Ibid., s 313(1).
163.: Ibid., s 314(1).
164.: Ibid., s 300(1). During the early years of Confederation, if a returning officer was unable to determine which of two or more candidates had been elected, each of the Members-elect was entitled to be sworn in, but neither could sit in the House nor vote until the matter had been resolved. See John George Bourinot, Parliamentary Procedure and Practice, 4th ed., ed. Thomas Barnard Flint (Toronto: Canada Law Book, 1916), pp. 135–40, where special and double returns are described. See also Journals, March 27, 1871, p. 152; April 19, 1872, p. 27; April 25, 1872, pp. 44–6; May 13, 1872, p. 104; May 18, 1872, pp. 124–5.
165.: Canada Elections Act, supra note 1, ss 301(1) and 301(2).
166.: Ibid., s 301(4). Further information on the judicial recount process can be found on the Elections Canada website, Results, Validation, Recounts, and Contested Elections: What Happens After Voting in a Federal Election, December 2014, http://www.elections.ca/content.aspx?section=vot&dir=bkg&document=ec90565&lang=e.
167.: Canada Elections Act, supra note 1, s 304.
168.: Ibid., s 308.
169.: Ibid., s 316(2).
170.: Ibid., s 318. See also Parliament of Canada Act, supra note 9, s 29(1.1). If the Office of Speaker is vacant, the Chief Electoral Officer is required to advise two Members of the House or two duly elected candidates, as the case may be. Prior to 2000, the returning officer cast the deciding vote in the event of a tie after a judicial recount.
171.: Canada Elections Act, supra note 1, s 317(b).
172.: Ibid., s 533.
173.: Ibid., s 534. The report is tabled in the House by the Speaker. See, for example, Journals, March 28, 2007, p. 1169; February 3, 2009, p. 77; September 19, 2011, p. 224; March 31, 2015, p. 2313.
174.: See, for example, Journals, November 18, 2008, pp. 1–7; June 2, 2011, pp. 1–7; December 3, 2015, pp. 1–9. In 1988, Parliament met on December 12, 1988, three weeks after the general election of November 21, 1988, to deal with a bill to implement a free trade agreement between Canada and the United States. This was also the date set for the return of the writs. The list of Members elected and the accompanying certificate of the Chief Electoral Officer was not tabled until December 15, 1988, the fourth sitting day of the session (Journals, pp. 26–33).
175.: Canada Elections Act, supra note 1, s 477.59.
176.: Ibid., s 477.72(2). See also the remarks of the Chair of the Standing Committee on Procedure and House Affairs with respect to the consequences of not filing election expenses returns on time (Evidence, Meeting No. 5, October 26, 2004). See also Nineteenth Report of the House of Commons Standing Committee on Procedure and House Affairs, presented to the House on October 2, 2014 (Journals, p. 1571). This report concerned a matter that the Speaker had deemed a prima facie case of privilege (Debates, June 5, 2013, pp. 17720–2; June 7, 2013, p. 17922; June 18, 2013, pp. 18550–3; October 17, 2013, pp. 65–6).
177.: Canada Elections Act, supra note 1, s 524(1). See also section 65 for a list of disqualifications.
178.: Journals, November 21, 1867, pp. 26–7; May 4, 1869, p. 57; March 1, 1871, p. 39; October 27, 1873, pp. 120–1.
179.: For a historical perspective on contested elections, see Bourinot, Parliamentary Procedure and Practice, 1st ed., pp. 117–23; Norman Ward, “Electoral Corruption and Controverted Elections,” The Canadian Journal of Economics and Political Science 15, no. 1 (February 1949): p. 74.
180.: Controverted Elections Act, SC 1873, c 28. The following year a new law was passed establishing the provincial supreme courts as election courts (Dominion Controverted Elections Act, 1874, SC 1874, c 10 [Dominion Controverted Elections Act]). See also Dominion Controverted Elections Act, RSC 1985, c C-39.
181.: Patrick Boyer notes in Election Law in Canada: The Law and Procedure of Federal, Provincial and Territorial Elections, vol. 2 (Toronto: Butterworths, 1987), p. 1067: “The offences which have traditionally given rise to election petitions—bribery, treating, conveying voters to the poll and the like—have been on the statute books for quite some time, and those in the election process have generally become aware of the tolerable levels for campaign activities and the limits of the law in this regard”.
182.: In 1949, Annapolis—Kings, Nova Scotia (Journals, March 6, 1950, pp. 68–84); in 1957, Yukon (Journals, October 23, 1957, pp. 37–44); in 1962, St. John’s West, Newfoundland (Journals, November 8, 1962, pp. 231–46); in 1968, Comox—Alberni, British Columbia (Journals, February 14, 1969, pp. 701–6); in 1988, York North, Ontario (Journals, June 7, 1990, pp. 1850–1). In the latter case, the Progressive Conservative candidate, Michael O’Brien, had initially been declared the winner in the riding of York North in the 1988 federal election. Three days later, as a result of a recount, the Liberal candidate, Maurizio Bevilacqua, was declared the winner. Mr. O’Brien sought a judicial recount, was declared the winner by 99 votes, was sworn in, and participated in the Canada-U.S. free-trade agreement debate in the short-lived First Session of the Thirty-Fourth Parliament. Mr. Bevilacqua appealed the recount and was subsequently declared the sitting Member by 77 votes (Journals, April 3, 1989, pp. 2–3). Mr. O’Brien then filed an election petition. Two Ontario Supreme Court judges found that the number of irregularly cast ballots in the 1988 election had exceeded Mr. Bevilacqua’s 77-vote plurality over Mr. O’Brien. The election was subsequently voided. In a by-election held December 10, 1990, Mr. Bevilacqua was declared the winner. In 2011, in the riding of Etobicoke Centre, the Conservative candidate, Ted Opitz, won the election by 26 votes. In accordance with subsection 300(1) of the Canada Elections Act, supra note 1, the returning officer had to make a request for a judicial recount, the results of which confirmed the outcome. Mr. Opitz was declared elected and sworn in. However, the Liberal candidate for the riding, Borys Wrzesnewskyj, appealed by alleging there were voting irregularities, and the Ontario Superior Court of Justice voided Mr. Opitz’s election. Mr. Opitz subsequently appealed, and the Supreme Court of Canada in the end confirmed his election (Journals, October 25, 2012, p. 2201, Debates, p. 11437).
183.: In 1998, the Standing Committee on Procedure and House Affairs recommended that the Dominion Controverted Elections Act, supra note 180, be repealed and its provisions incorporated into the Canada Elections Act, supra note 1 (Thirty-Fifth Report of the Standing Committee on Procedure and House Affairs, presented to the House June 18, 1998 (Journals, September 21, 1998, p. 1039)). The recommendation was also made in the Report of the Chief Electoral Officer of Canada entitled “Canada’s Electoral System—Strengthening the Foundation”, tabled in the House by the Speaker on February 29, 1996 (Journals, p. 17).
184.: Canada Elections Act, supra note 1, ss 524 and 525.
185.: Ibid., s 527. The Parliament of Canada Act, supra note 9, provides that a Member who has been declared elected may not resign his or her seat while his or her election is being contested (s 27(2)).
186.: Canada Elections Act, supra note 1, s 531(2). Two applications were brought before the Saskatchewan Court of the Queen’s Bench following the 38th general election. There being no evidence to support the claims of irregularities, the applications were eventually withdrawn by the applicants (Report of the Chief Electoral Officer of Canada on the 38th General Election held on June 28, 2004, p. 89, tabled in the House by the Speaker on October 21, 2004 (Journals, p. 129)).
187.: Canada Elections Act, supra note 1, ss 531(3) and 531(4).
188.: Ibid., s 532.
189.: Parliament of Canada Act, supra note 9, s 28(1).

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