ELECTIONS |
Stevens v. Conservative Party of Canada
T-2465-03
2004 FC 1628, Heneghan J.
19/11/04
40 pp.
Judicial review of Chief Electoral Officer (CEO)'s December 7, 2003 decision accepting merger application made pursuant to Canada Elections Act, s. 400 and adding Conservative Party of Canada to registry of parties, and December 17, 2003 decision declining to reconsider that decision--Applicant's argument procedural fairness denied because applicant not given opportunity to make submissions to CEO before merger application decision, rejected in light of CEO's role (set out at Act, s. 16), nature of decision-- Applicant's argument merger resolution improper because agreement in principle (AIP) between Progressive Conservative Party (PC Party), Canadian Reform Conservative Alliance Party silent about merger rejected-- Assessment of relevance of compliance by PC Party with AIP within CEO's discretion, whose task is to satisfy himself statutory requirements met by merging parties--Common-law rules concerning regulation of activities, conduct of registered parties supplanted by requirements of Act, which confers authority to regulate such conduct on CEO--Process followed by PC Party leader, CEO's response, respecting democratic process pursuant to Canadian Charter of Rights and Freedoms, s. 3 as PC Party members, applicant, had opportunity to vote upon resolution, and majority voted in favour--Respondent correct to object to review of CEO's decision not to reconsider decision, as only one decision can be subject of review application--In any event, CEO did not err in refusing to reconsider decision--Also no statutory obligation on CEO to do so--CEO did not err in proceeding without soliciting, entertaining applicant's submissions--Remedy lay in making submissions to PC Party--CEO's decision merger application complied with statutory requirements finding of fact beyond judicial intervention as that finding supported by evidence-- Applicant's argument merger resolution improper because contrary to PC Party constitution rejected--Within CEO's authority to determine PC Party constitution not relevant-- Compliance with constitution not CEO's responsibility but internal matter for PC Party to resolve--CEO required to satisfy himself merger application submitted on timely basis, as required by Act, s. 400(1), i.e application submitted "at any time other than during the period beginning 30 days before the issue of a writ for an election and ending on polling day"--Based on Court's interpretation of Act, s. 400, CEO erred by amending registry of parties on same day merger application made without waiting 30 days to ensure no election writ would be issued--Court nevertheless exercising discretion not to grant remedies sought by applicant (i.e. order quashing CEO's decision, reinstating PC Party on registry) on basis no writ for election issued in 30 days following CEO's decision, CEO's error thus having no material effect-- Application dismissed--Canada Elections Act, S.C. 2000, c. 9, ss. 16, 400--Canadian Charter of Rights and Freedoms, being Part I of the Constitution Act, 1982, Schedule B, Canada Act 1982, 1982, c. 11 (U.K.) [R.S.C., 1985, Appendix II, No. 44], s. 3.