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.
