The Supreme Court of Canada has made a significant decision in allowing Joseph Anglin, a former Alberta lawmaker, to pursue a lawsuit against Glen Resler, the former provincial chief electoral officer, over alleged election interference. Anglin is seeking damages exceeding CAD 2.2 million, effectively bringing into question the conduct of electoral oversight within the province. This decision underscores the legal framework’s capacity to scrutinize electoral officer actions when deemed possibly detrimental to democratic integrity. Read more about the decision here.
The key legal contention in this case revolves around whether existing legislation precludes such a lawsuit. Anglin has acknowledged his loss in the 2015 provincial election, yet the court determined that his legal action does not represent a challenge to that election result. Thus, common law doctrines, such as collateral attack or Parliamentary privilege, do not apply in this context. The court further asserted that under the provincial Elections Act, allegations of bad-faith conduct against an electoral officer can indeed be pursued.
Anglin’s lawsuit, which includes allegations of misfeasance in public office and trespass, is underpinned by claims that Resler, in conjunction with Anglin’s political opponents, unlawfully intervened in his electoral campaign by removing campaign signs Anglin asserts were lawful. This removal is alleged to have impeded his ability to compete fairly in the elections.
The case has sparked a divided opinion within the court concerning whether an election candidate can legitimately claim damages for losing the opportunity to win an election. Justice Andromache Karakatsanis expressed a dissenting stance, arguing that establishing a causal link between alleged misconduct and election loss is both complex and potentially harmful to electoral integrity and democratic legitimacy. Conversely, Justices Malcolm Rowe and Suzanne Côté maintained that rejecting such claims on public policy grounds is premature without further party submissions and could undermine legislative intent to allow for public misconduct claims within elections.
Initially, in 2022, Anglin’s claims were dismissed by the Alberta Court of Queen’s Bench, which argued they were an attempt to re-litigate the validity of the 2015 election. However, the provincial Court of Appeal reversed this decision in 2024, ultimately setting the stage for the Supreme Court’s recent resolution.