Supreme Court nullifies Liberal single-vote election win in Montreal-area riding
Elections Canada says this is first time a court has annulled vote results
The Supreme Court of Canada annulled the results of a closely contested riding from last spring's election on Friday.
The ruling means that a new byelection will have to be called for the Montreal-area riding of Terrebonne.
The electoral district was initially declared for the Bloc Québécois, but a judicial recount later found the Liberals had won the seat by one vote.
Nathalie Sinclair-Desgagné, the Bloc candidate, called on the courts to annul the results and call a new election after CBC News reported that a voter had their mail-in ballot returned to them due to a misprint on the return envelope.
The voter, Emmanuelle Bossé, had marked her ballot for the Bloc.
Elections Canada acknowledged the error but said the results had already been finalized.
Liberal Tatiana Auguste was sworn in as the riding's MP following the recount and has been sitting as Terrebonne's representative since.
Elections Canada said that the return address printed on Emmanuelle Bossé’s return envelope was wrong. (Radio-Canada)In October, a Superior Court judge rejected Sinclair-Desgagné's call for a do-over, arguing that a postal code mishap amounted to "human error" and does not constitute an irregularity as defined under federal electoral law.
The top court overturned that ruling after hearing arguments earlier in the day.
Auguste's lawyer, Marc-Etienne Vien, faced a barrage of questions from the justices.
Vien argued that the Bloc voter whose special ballot had been returned "was not prevented from voting," when Chief Justice Richard Wagner interrupted him.
"Hold on a minute," the judge told him. "The purpose of the law is to promote public participation at a time in history when institutions are under strain."
This was the beginning of a series of interruptions.
"It seems to me that the responsibility is perfectly clear. The responsibility for this problem today lies with Elections Canada, not with [Bossé]," declared Justice Malcolm Rowe, without even asking Vien a question.
Sworn statements filed in the case show that an Elections Canada employee discovered he had mistakenly printed his own postal code on several special ballots about three weeks before election day. He estimated that a minimum of 40 envelopes had gone out with the wrong postal code.
"We respect the decision and the institutions that reinforce the great confidence that Canadians have in the integrity of our electoral process," a Liberal Party spokesperson said in an email.
'Today democracy won,' says Bloc candidate for Terrebonne as Supreme Court annuls election resultSinclair-Desgagné characterized Friday's decision as a win for democracy.
"I feel hopeful that democracy has been protected today," she told CBC News following the court's decision.
"Elections Canada not only made a mistake in the postal code, but they also made a mistake in not correcting their mistake."
First time election results have been annulled
A spokesperson for Elections Canada acknowledged Friday's decision and said the organization stands ready to hold a byelection in Terrebonne. The independent election body said this is the first time in its history that a court has annulled the results of an election.
The court will have to inform the Speaker of the House, who will in turn have to notify the House that there is a vacancy before a byelection can be called.
Friday's ruling puts another dent into the Liberals' seat count after the governing party had been on a verge of a majority at the start of the year.
Two Conservatives crossed the floor late last year, meaning the Liberals needed just one more seat to pass bills without opposition support.
But two former cabinet ministers — Chrystia Freeland and Bill Blair — resigned in recent weeks leaving their seats open until byelections can be held.
The Liberals are now three seats back of a majority. But while Freeland and Blair's former seats are considered safe Liberal districts, Terrebonne will likely prove a tougher contest.
Sinclair-Desgagné had been the MP for Terrebonne since 2021 — and the riding has largely been held by the Bloc since the early 90s.
The unofficial results on election night had the Liberals flip the seat from the Bloc by 35 votes. But Elections Canada later declared Sinclair-Desgagné had won by 44 votes after it double-checked the numbers through its validation process.
The vote differential between Sinclair-Desgagné and Auguste was close enough to automatically trigger the judicial recount, which flipped the result back to Auguste.
Once the Speaker declares a vacancy in the House, the government will have to wait at least 11 days to call a byelection for Terrebonne.
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With files from David Thurton and The Canadian Press
Former minister Freeland violated election rules during 2024 byelection, watchdog finds
Freeland offered 'supportive comments' for Liberal candidate during a government announcement
Former deputy prime minister and cabinet minister Chrystia Freeland violated election rules during a 2024 byelection, the Commissioner of Canada Elections said on Friday.
The violation stemmed from comments Freeland made in response to reporter questions following a government announcement, a report from Commissioner Caroline Simard's office said.
Freeland, who was finance minister at the time, was making the announcement in Toronto prior to the byelection in Toronto-St. Paul's.
When asked by reporters about the upcoming vote, Freeland offered "supportive remarks" about Liberal candidate Leslie Church, the report said.
Offering support for a political candidate while using government resources could constitute a contribution to Church's campaign.
"Ms. Freeland was unaware that those political statements made in response to unsolicited press questions could turn the bona fide costs of a government event into unlawful contributions to a federal political entity," the report said.
The report says that the estimated costs "associated with these events" represented a commercial value of just over $900. The Liberal Party's electoral district association in Freeland's former riding agreed to pay that amount to the government.
Church would lose the 2024 byelection but won the riding in last April's election. Freeland resigned as an MP last month.
Ministers are expected to avoid promoting partisan campaigns while acting in a governmental role.
Conservative Leader Pierre Poilievre was found to have violated election rules after he wore a Conservative Party shirt to a government announcement in 2015.
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Canada, Denmark deepen defence ties after Greenland annexation threat
Pact enhances collaboration on surveillance and joint operations
Canada and Denmark signed a defence co-operation agreement on the sidelines of the Munich Security Conference, setting the stage for a deeper partnership after the Trump administration threatened to annex Greenland.
The agreement was signed by Defence Minister David McGuinty on Friday.
Originally Prime Minister Mark Carney was supposed to be present and have a one-on-one session with his Danish counterpart, Mette Frederiksen. But Carney opted to remain in Canada following the school shooting in Tumbler Ridge, B.C.
Denmark has sought to bolster the defences of Greenland, a semi-autonomous territory, in light of the annexation threats of the United States. In tandem, NATO this week launched what's being called the Arctic Sentry initiative, which will co-ordinate military exercises and the alliance's response to threats in the region.
"Canada is an Arctic nation — and we will defend the North," McGuinty said in a statement following the signing in the southern German city.
"Today, this defence co-operation agreement with Denmark, Greenland and the Faroe Islands strengthens our collective deterrence and our ability to operate seamlessly with our NATO partners in the High North. Today, we send a clear message — the Arctic is secure, and we will keep it that way."
The co-operation agreement is not a formal treaty and doesn't commit Canada to defending Danish sovereignty over and above the commitments that already exist under NATO's Article 5, that an attack on one is an attack on all.
What's with Trump’s obsession with Greenland? | About ThatSenior federal officials, speaking on background at a technical briefing this week, said the new agreement captures and improves upon many of the aspects of defence co-operation that already exist between Canada and Denmark.
For example, Denmark contributes a significant number of troops to the Canadian-led NATO multinational brigade defending Latvia. Separately, the Danish defence acquisition ministry is a big customer for Canadian-made assault rifles, signing last September a multimillion-dollar contract for 26,000 C-8 MRR (modular rail rifle) carbines.
The agreement signed Friday increases co-operation in the areas of surveillance and joint operations, the Danish Ministry of Defence said.
Senior Canadian officials, who spoke earlier in the week in a briefing intended to set up the prime minister's trip, said negotiations toward the agreement predate U.S. President Donald Trump's drive to annex Greenland.
"The text of the agreement has not changed" as a result of the increased tensions over Greenland, said one senior official.
Trump has long had an interest in asserting U.S. "ownership and control" over the Arctic island, saying it was an "absolute necessity" for national security.
The U.S. administration reportedly ordered plans for a "possible invasion," prompting Denmark and eight NATO allies to deploy defensive forces to the Arctic island.
Trump went into the World Economic Forum in Davos, Switzerland, restating his demands. But hours after a speech at the forum, Trump met with NATO Secretary General Mark Rutte and later announced he would not use force to take the island and there's a framework of a deal to meet U.S. security concerns.
Although no details have been released, published reports suggest the agreement centres on updating the 1951 Greenland Defense Agreement to grant the United States "total access" and "infinite" security rights in Greenland and possibly sovereign control over specific "pockets" where U.S. bases are located — similar to the British Sovereign Base Areas in Cyprus or the U.S. Guantanamo Bay lease in Cuba.
The political hangover of the fight is still being felt in Munich where French President Emmanuel Macron spoke Friday about Europe becoming more assertive.
"If we want to be taken seriously on the European continent and beyond, we must show the world our unwavering commitment to defend our own interests," Macron said, following up with a reference to disagreement over Greenland.
"It starts, of course, with continuing to extend our support to Ukraine, but it could nicely follow with fanning off unjustified tariffs and politely declining unjustified claims on European territory."
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