Former Bloc MP appeals Terrebonne election outcome at Supreme Court

An election employee mistakenly printed his postal code on 40 special ballots three weeks before election day. The error went unreported as ballot returns matched past elections.

 

source: The Canadian Press / Spencer Colby

Former Bloc MP Nathalie Sinclair-Desgagné, who lost her Quebec riding by one vote, is appealing to the Supreme Court of Canada after a Quebec Superior Court rejected her request for a new election in Terrebonne, as reported by the Canadian Press.

Sinclair-Desgagné’s challenge followed a Bloc voter's revelation that an Elections Canada address error prevented her special ballot from being counted.

Éric Dufour, the presiding judge, denied the Bloc candidate's request for a new election in Terrebonne. He ruled the election mistake was a simple human error, not warranting annulment. 

An election employee mistakenly printed his postal code on 40 special ballots three weeks before election day. The error went unreported as ballot returns matched past elections.

Dufour furthered that cancelling riding results “should only be pronounced when the most serious cases occur,” and the current contestation doesn't convince the court it's one of those cases.

Sinclair-Desgagné, citing democratic accountability, started an online fundraiser for legal costs.

An Elections Canada lawyer admitted to the error but cited a 2012 Supreme Court decision setting a high bar for annulling elections due to administrative errors.

The postal code error, causing at least five late ballots to go uncounted, was not considered an irregularity under federal electoral law.

“Despite the disappointing result for the elector and Sinclair-Desgagné, this error in no way affects the integrity of the Canadian electoral system in which citizens can still have confidence,” Dufour wrote.

Runner-up Sinclair-Desgagné challenged the election results, arguing it impacted the close outcome. Dufour dismissed the challenge, stating that broadening the definition of election irregularity to include such errors would lead to numerous challenges.

Chief Electoral Officer Stéphane Perrault reported 115 mail-in ballots with garbled return addresses in Terrebonne, 16 unaccounted for, and nine electors who voted in person after requesting mail-in ballots.

Dufour deemed annulling the election over an administrative error unreasonable, as it didn't stop affected voters from voting and would disenfranchise others.

Emmanuelle Bossé, a local woman, was among those impacted by the error. She reportedly mailed her ballot on April 5, ahead of the April 28 deadline, but it was returned on May 2.

“It wasn't me who wrote the address,” said Bossé. “It was Elections Canada that gave me the envelope with the sticker, and all I had to do was write my return address.”

Tatiana Auguste (Liberal) initially won Terrebonne on April 28. Validated results named Sinclair-Desgagné the victor, but a May 10 recount confirmed Auguste won by one vote (23,352 to 23,351). Elections Canada confirmed the results on May 14.

The Liberals hold 169 seats, three short of a majority. The Bloc Québécois holds 22 seats.

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Alex Dhaliwal

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Alex Dhaliwal is a Political Science graduate from the University of Calgary. He has actively written on relevant Canadian issues with several prominent interviews under his belt.

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  • Bruce Atchison
    commented 2025-11-04 20:54:45 -0500
    I suspect this decision in favour of the Liberals was political interference. This is the trouble with governments running elections. Let’s privatize the election and see if any ballots go missing or get wrong postal codes.