minicounsel


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.