The applicant sought an interim injunction and judicial review to overturn his disqualification from the position of Vice-President, Student Services for the Carleton University Students’ Association (CUSA) following an election.
The applicant had received the most votes but was disqualified due to alleged electoral offences by another student on his slate.
The court found that the Constitutional Board exceeded its jurisdiction by defining a new electoral offence that was not in force at the time of the election and by disqualifying the entire slate based on this expanded interpretation.
The court concluded that the electoral decisions were subject to judicial review and set aside the disqualification.