The appellant challenged a summary judgment declaring unconstitutional aspects of the federal political party registration regime.
The court held that the requirement that a political party nominate 50 candidates before qualifying for registered party status did not infringe the right to seek election under s. 3 of the Charter because Parliament could distinguish between parties based on meaningful participation in the electoral process.
However, the court held that provisions preventing candidates of non-registered or deregistered parties from listing party affiliation on the ballot infringed the informational component of the right to vote under s. 3 and were not minimally impairing under s. 1.
The appeal was allowed in part, the broader registration ruling was set aside, and a limited declaration of invalidity regarding ballot identification was issued and suspended for six months.
