Case Comment - Opitz v Wrzesnewskyj

Arising out of the disputed election results in Etobicoke-Centre, this case required the Supreme Court of Canada to determine whether the election results in that riding should be set aside on the basis of the potential that votes were cast by ineligible voters. The opinion of the majority, written by Justice Rothstein, begins by saying, "A candidate who lost in a close federal election attempts to set aside the result of that election." This statement sets the tone for the following judgment, which took a liberal approach to interpretation of the Canada Elections Act, relying on s.3 of the Charter of Rights and Freedoms which guarantees every Canadian citizen the right to vote for a Member of Parliament, resulting in the rejection of Mr. Wrzesnewskyj's appeal.