Depending on what happens over the coming days, the voters in a Quebec riding thought to be decided by a single vote could be headed back to the polls as a result of a tie.
Two days after a judicial recount certified Liberal candidate Tatiana Auguste as having barely defeated Bloc Québécois incumbent Nathalie Sinclair-Desgagné,
and
reported that a mail-in ballot sent before Elections Canada’s deadline was returned to the sender on May 2, four days after the election.
And it turns out Emmanuelle Bossé is a Bloc supporter.
In an email to National Post, the independent agency confirmed an “error with the return address printed on this elector’s return envelope. Specifically, part of the postal code was wrong.”
Bossé told Noovo she would have voted in person had she known ahead of time.
What happens now will likely depend on what Elections Canada decides and, as of Tuesday, they “are still working to gather all the facts.”
Under the
, in the event of a tie following a judicial recount, the Chief Electoral Officer shall, through a report or via two MPs or two candidates who have been declared elected, promptly notify the House of Commons, “that, as no candidate was declared elected in the electoral district because of the equality of votes, a by-election will be conducted.”
Whether Bossé’s lost but otherwise legitimate vote will be counted as part of the judicial recount remains to be seen. It’s not immediately clear in this situation if it’s under the purview of the courts or the Chief Electoral Officer.
Should the vote not be counted, and Sinclair-Desgagné wishes to challenge the validity of the vote to potentially force a byelection, she or an elector can formally contest the result via the courts.
“In a contested election proceeding, a judge determines … whether there were any irregularities, fraud, or corrupt or illegal practices that affected the result of the election,” Elections Canada explains.
The judge will then determine whether or not to annul the result, thereby forcing a byelection.
According to the agency, no contested result has resulted in annulment in Canadian electoral history.
National Post contacted both candidates and parties, with only the Liberals responding and deferring to Elections Canada for questions surrounding the results and the recount.
During his first press conference with a new cabinet, Prime Minister Mark Carney was asked about a potential byelection in Terrebonne.
“First of all, I think it’s better to win by one vote than to lose by one vote,” Carney began in response.
He said wouldn’t “make any judgment” on the now-complete judicial recount and deferred to Elections Canada on the next steps.
“Should it be done again? Well, that’s up to Elections Canada to decide.”
Meanwhile, two of the three remaining judicial recounts are now underway.
What is a judicial recount and could it leave Liberals with a majority government?
On Monday in Newfoundland, a provincial superior court judge began overseeing a recount in Terra Nova—The Peninsulars, currently held by Liberal candidate Anthony Germain by just 12 ballots over the Conservative Jonathan Rowe.
Tuesday in Ontario, a recount began for Milton East—Halton Hills South, where Liberal Kristina Tesser Derksen is ahead of the Conservative Party of Canada’s Parm Gill by 29 votes.
The last recount won’t begin until Tuesday, May 20 in Windsor—Tecumseh—Lakeshore where incumbent Liberal Irek Kusmierczyk fell 77 votes short of his Conservative counterpart Kathy Borrelli.
The results of the recounts will be published on Elections Canada’s website once complete.
Our website is the place for the latest breaking news, exclusive scoops, longreads and provocative commentary. Please bookmark nationalpost.com and sign up for our daily newsletter, Posted, here.
