Supreme Court

Decision Information

Beamish v Miltenberger v Chief Electoral Officer

Court Supreme Court
Date 1996-10-25
File numbers CV 06113
Judge(s) Vertes
Location Yellowknife
Cases and statutes considered Statutes considered:
Elections Act, s. 122(1)
Elections Act s. 239(1)
Decision information:

Summary: Petition alleging noncompliance with Elections Act - Petition also alleging corrupt practices in elections - Court found use of illegal proxy votes. Notwithstanding, Court founf problems with some evidence. The Court noted that s. 239 of the Act is meant as a fail-safe, whre a person may be charged if some evidence comes out during the hearing. As the usual investigative and prosecutorial agencies have already declined to do so, this Court is reluctant to do that which appropriate authorities would not do. In interpreting the wording of the Act, this Court exercises its discretion not to summon additional witnesses.
Decision: Court declines to issue summons for additional witnesses
Subjects: Elections - Conduct of election
Elections - Offences

Decision Content

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