ELECTIONS - General elections - Contested and controverted elections - Mistakes or misconduct by election officials or officers

Law360 Canada ( September 18, 2026, 11:40 AM EDT) -- Appeal by appellant from a judgment of the Quebec Superior Court which dismissed her application to contest the federal general election held on April 28, 2025. Following a judicial recount, Auguste became a member of Parliament for the electoral district of Terrebonne. Only one vote separated Auguste and the appellant. After the election, an elector’s mail-in ballot, which had been mailed within the prescribed time, was returned to her undelivered by Canada Post. There had been a postal code error on the prepaid, pre-addressed return envelope. Elections Canada had mistakenly placed the wrong postal code for the Terrebonne polling station on the prepaid return envelopes for several electors’ mail-in ballots. Although it discovered the error over three weeks before election day, it did not contact any of the affected electors. The elector’s vote was never counted; she maintained that she had voted for the appellant. The appellant filed an application to contest the election. The Superior Court found that the postal code error and Elections Canada’s failure to correct it was not an irregularity within the meaning of s. 524(1)(b) of the Canada Elections Act (Act) and dismissed the application. It was an unfortunate human error without dishonest or malicious intent. The issue before the court was whether the administrative error was an irregularity under s. 524(1)(b) of the Act justifying setting aside the election....
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