Supreme Court explains decision to overturn Terrebonne election results

'Unintentional, honest, or good faith errors can also undermine the integrity of the electoral process if they prevent electors from exercising their right to vote,' read Supreme Court decision

Published Sep 18, 2026  •  2 minute read

Elections Canada sign Photo by Postmedia Network file photo

See more Toronto Sun on Google — save as a Preferred Source

Article content

OTTAWA — Even honest administrative blunders by Elections Canada can undermine the integrity of elections, the country’s top court said.

Article content

Article content

On Friday, the Supreme Court of Canada released a Reasons for Judgment related to their February 6-3 majority judgment in Sinclair-Desgagné v. Canada, with Supreme Court Justice Mahmud Jamal explaining why the court opted to overturn Liberal Tatiana Auguste’s one-vote victory over Bloc Québécois incumbent Nathalie Sinclair-Desgagné during last year’s federal election in the suburban Montreal riding of Terrebonne.

“This conclusion enhances public trust in the electoral process by affirming that a federal election should not be decided by known and correctable official errors,” Justice Jamal wrote in the decision.

“The irregularity in the instant case — involving a serious administrative error caused by Elections Canada that it had the ability and responsibility to correct and that affected a voter’s franchise — is narrowly circumscribed and will not open floodgates to electoral challenges for every human error during a federal election.”

Article content

Article content

Elections Canada knew about mistake

The problem arose after an Elections Canada employee printed the wrong postal code on prepaid mail-in ballot envelopes.

“By the employee’s estimate, this error affected at least 40 electors,” read Friday’s statement.

The mistake was discovered weeks before election day, but Elections Canada officials failed to correct it — resulting in at least one voter’s ballot going undelivered and uncounted.

“Elections Canada caused the error and had the ability and responsibility to correct it,” he wrote.

“Elections Canada did not receive or count an elector’s vote because it took insufficient steps to correct the error, despite knowing that it had made a mistake.”

The results were challenged by the BQ candidate, which saw a Quebec Superior Court judge refusing requests to overturn the election results.

The Supreme Court of Canada overturned that decision, annulling the results and triggering an April byelection that the Liberal candidate ended up winning.

Article content

Read More

1. 

   Three teens charged in violent attack on elderly GO Train couple

2. 

   Bizarre social media posts land Ottawa mayoral candidate behind bars

Elections Canada responds

“Unintentional, honest, or good faith errors can also undermine the integrity of the electoral process if they prevent electors from exercising their right to vote,” the decision read.

“An administrative error, even a serious one, need not involve intentional wrongdoing.”

In a statement, Elections Canada said the decision will be reviewed by the Chief Electoral Officer.

“It is important to note that after the 45th general election, Elections Canada conducted a thorough review of the special ballot process. The recommendations that came out of this review have already been actioned,” the statement read.

“Elections Canada is also always looking at new ways to better equip the tens of thousands of workers who make the delivery of federal elections possible.”

[email protected]

X: @bryanpassifiume

Article content