Sinclair-Desgagné v. Canada (Chief Electoral Officer)

canada, canadian, case law, court opinion, canlii, csc-scc, 2026canlii10549, 2026 scc 31 (canlii), 2026, scc, 31, (canlii), 42076, 2026, procedure, elections, contested election application, canada elections act, ss. 524(1)(b), 531(2), whether postal code error and failure to correct constituted an irregularity affecting the result, opitz v. wrzesnewskyj three, step test applied, serious administrative error capable of undermining franchise found, election in electoral district annulled, statutory interpretation, modern approach, associated words rule, canada elections act, s. 524(1)(b), whether “irregularity” includes serious administrative error without dishonest intent, noscitur a sociis applied to “irregularities, fraud or corrupt or illegal practices”, serious administrative error honest and unintentional included, appeal allowed, procedure, causation, vote count, canada elections act, ss. 239(2), 240, whether irregularity affected the result by preventing a ballot from being received and counted, direct causal link between postal code error and lost vote, provisions not read to exonerate errors within elections canada’s control, appeal allowed, evidence, ballot secrecy, contested election, whether court may consider elector’s voting preference in applying opitz framework, tradition of secret ballot precludes investigation into voters’ actual choices, focus required on vote count rather than election outcome, error of law identified, appeal allowed, procedure, discretion, annulment, canada elections act, s. 531(2), whether election should be annulled where affected votes equal margin of victory, magic number test applied, doubt as to winner, considerations based on unresolved recount objections and alternative voting rejected, discretion required to be exercised to annul, election annulled