The failure to include certain mail-in ballots in the recount likely affected the election's outcome
In a recent ruling, the Federal Court has mandated a judicial recount in the election for a council position within the Paul First Nation, Alberta, after discovering discrepancies in the vote count.
This decision comes after William House contested the election results, which initially declared Delores G. Rain as the winner by a single vote following a recount. The election, overseen by electoral officer Drew Shaw from the firm One Feather in Victoria, ended in controversy when it was revealed that some mail-in ballots, received after Shaw had left for Paul First Nation from Victoria, were not included in the recount. Despite House's request for another recount upon discovering the oversight, Shaw declined, citing the formal proclamation of the results.
The Federal Court, in a detailed judgment, underscored the importance of every vote being counted accurately, stating the failure to include certain mail-in ballots in the recount likely affected the election's outcome. As a remedy, the court ordered a judicial recount of votes for House and Rain, emphasizing the integrity of the electoral process.
The case brought attention to the procedural intricacies of the First Nations Elections Act and its regulations, especially regarding the handling of mail-in ballots and the notification of election processes to off-reserve members. While the court acknowledged a breach in notifying some off-reserve members, it concluded this did not influence the election result.
The recount will be conducted under the supervision of a judge, without the need for the electoral officer from One Feather, to ensure transparency and fairness. This approach aims to respect the electoral process's integrity while minimizing judicial intervention.
The Federal Court highlighted the critical nature of adhering to electoral laws and regulations to maintain trust in democratic processes. The court further emphasized the judiciary's role in upholding electoral fairness and the importance of every vote in determining election outcomes.
