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Full Ruling

Full Ruling

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Published by kady_omalley5260
Federal Court of Appeal

Cour d'appel fédérale

Date: 20110228 Docket: A-63-10 Citation: 2011 FCA 74

CORAM:

EVANS J.A. DAWSON J.A. TRUDEL J.A.

BETWEEN: THE CHIEF ELECTORAL OFFICER OF CANADA Appellant and L.G. (GERRY) CALLAGHAN, in his capacity as official agent for ROBERT CAMPBELL and DAVID PALLETT, in his capacity as official agent for DAN MAILER Respondents

Heard at Ottawa, Ontario, on November 23-24, 2010. Judgment delivered at Ottawa, Ontario, on February 28, 2011.

REASONS FOR JUDGMENT
Federal Court of Appeal

Cour d'appel fédérale

Date: 20110228 Docket: A-63-10 Citation: 2011 FCA 74

CORAM:

EVANS J.A. DAWSON J.A. TRUDEL J.A.

BETWEEN: THE CHIEF ELECTORAL OFFICER OF CANADA Appellant and L.G. (GERRY) CALLAGHAN, in his capacity as official agent for ROBERT CAMPBELL and DAVID PALLETT, in his capacity as official agent for DAN MAILER Respondents

Heard at Ottawa, Ontario, on November 23-24, 2010. Judgment delivered at Ottawa, Ontario, on February 28, 2011.

REASONS FOR JUDGMENT

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Published by: kady_omalley5260 on Mar 01, 2011
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01/24/2014

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 Date: 20110228Docket: A-63-10Citation: 2011 FCA 74 CORAM: EVANS J.A.DAWSON J.A.TRUDEL J.A. BETWEEN:THE CHIEF ELECTORALOFFICER OF CANADAAppellantandL.G. (GERRY) CALLAGHAN, in hiscapacity as official agent forROBERT CAMPBELL andDAVID PALLETT,in his capacity as official agentfor DAN MAILERRespondents   
Heard at Ottawa, Ontario, on November 23-24, 2010.Judgment delivered at Ottawa, Ontario, on February 28, 2011. REASONS FOR JUDGMENT BY:         THE COURT
Federal Court of Appeal
   
Cour d'appel fédérale 
 
 
Table of Contents
  
I INTRODUCTION
[1] - [11]  
II CEOC’S APPEAL
 
Statutory Framework 
[12] - [23]
 CEOC’s Decision
[24] – [28]
 Federal Court’s Decision
[29] – [34]
 Issues and Analysis
Issue 1: Does the CEOC have the power to verify electionexpenses claimed by candidates?
 
[35] – [78]
 
 Issue 2: Was there sufficient material before theCEOC on which he could reasonably declineto state that he was satisfied that the Respondentshad incurred a portion of the cost of theRMB advertisements which they claimed aselection expenses?
 
[79] – [106]
 
 
 III RESPONDENTS’ CROSS-APPEAL
 Introduction
[110] – [112]
Statutory Provisions
[113] – [115]
Federal Court’s Decision
[116] – [121]
Analysis
[122] – [130]
Conclusion
[131] 
 
Date: 20110228Docket: A-63-10Citation: 2011 FCA 74 CORAM: EVANS J.A.DAWSON J.A.TRUDEL J.A. BETWEEN:THE CHIEF ELECTORALOFFICER OF CANADAAppellantandL.G. (GERRY) CALLAGHAN, in hiscapacity as official agent forROBERT CAMPBELL andDAVID PALLETT,in his capacity as official agentfor DAN MAILERRespondents  REASONS FOR JUDGMENTTHE COURTI INTRODUCTION
[1]
 
This is an appeal by the Chief Electoral Officer of Canada (CEOC) from a decision of theFederal Court (2010 FC 43). In that decision, Justice Martineau (Judge) granted the application forjudicial review brought by the Respondents to this appeal. He ordered the CEOC to certify to theReceiver General that all the election expenses submitted by the Respondents in their capacity as the
Federal Court of Appeal
   
Cour d'appel fédérale 
 

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