First Nation election result challenged due to uncounted mail-in ballots; judicial recount ordered.
The applicant, William House, contested the result of an election for a councillor position of the Paul First Nation.
After initial counts and recounts showed a tie or a one-vote victory for the respondent Delores G. Rain, it was discovered that certain mail-in ballots were not included in the recount.
The Electoral Officer refused to perform a further recount.
The Federal Court found a breach of the First Nations Elections Act because the uncounted votes were enough to affect the one-vote margin of victory.
Rather than set aside the election, the Court ordered a judicial recount.
Election application dismissed despite ballot omission due to applicant's delay in seeking rectification.
The applicant sought to set aside the Paul First Nation council elections after his name was wrongfully omitted from the ballot by the Electoral Officer, despite having complied with the candidacy requirements within the statutory deadline.
Although the Court found the omission contravened the First Nations Elections Act, there was insufficient evidence that the irregularity affected the election results given the large number of candidates.
Ultimately, the Court declined to set aside the election because the applicant failed to act diligently to rectify the omission as soon as he learned of it.
