Leslie H. Mendelson

The appellant, a sitting member of the House of Commons, challenged provincial legislation that rendered him ineligible to be nominated for or hold municipal office while remaining in Parliament.

He argued that the prohibition burdened his democratic rights under s. 3 of the Charter by preventing him from running for mayor without first resigning his federal seat.

The court held that s. 3 protects only voting and candidacy rights in federal and provincial legislatures, not municipal elections.

Because the impugned provisions regulated only eligibility for municipal office and did not impair the appellant's right to remain qualified for membership in the House of Commons, the appeal was dismissed.

The applicant, a sitting member of the House of Commons, attempted to file nomination papers for the office of Mayor of Toronto.

The City Clerk rejected the nomination before nomination day on the basis that provincial legislation rendered members of the House of Commons ineligible to hold municipal office.

The applicant sought mandamus and an order quashing the relevant statutory provisions, arguing they violated his democratic rights under section 3 of the Charter.

The Divisional Court dismissed the application, holding that the clerk had the discretion to reject the nomination early and that the restriction on holding municipal office did not infringe the applicant's Charter right to be qualified for membership in the House of Commons.