While watching the Supreme Court hearing on the Etobicoke Centre election challenge this morning, I was struck by a couple of the arguments, and the questions put forward by a couple of the justices, and in particular, Chief Justice Beverley McLachlin. The issue in question was record keeping, or the lack thereof in some of the instances in question with the challenge.
The arguments put forward by Ted Opitz’s lawyer suggested that the issues were “mere technicalities” and shouldn’t be used to disenfranchise voters because of mistakes that Elections Canada officials made. This position was challenged – and rightly so. These rules exist for a reason, and the need for documentation and record keeping acts as a safeguard. Chief Justice McLachlin at one point said that the presumption seems to be that since we’re not Afghanistan, we shouldn’t worry about it, even though these kinds of breaches might be questioned in such a country. Justice Abella also at one point asked that if these technicalities don’t matter, then why bother having the Elections Act guidelines at all?