Richard and Larocque v. Gauvin, (1992) 124 N.B.R.(2d) 271 (TD)

JudgeBoisvert, J.
CourtCourt of Queen's Bench of New Brunswick (Canada)
Case DateMarch 17, 1992
JurisdictionNew Brunswick
Citations(1992), 124 N.B.R.(2d) 271 (TD)

Richard v. Gauvin (1992), 124 N.B.R.(2d) 271 (TD);

    124 R.N.-B.(2e) 271; 312 A.P.R. 271

MLB headnote and full text

[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

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In The Matter Of the trial of a petition to set aside an election in the County of Gloucester, Electoral District of Shippagan-les-Iles and an inquiry into the conduct of a defeated candidate under s. 42 of the Controverted Elections Act between: Ernest Richard and Dannie David Larocque (petitioners) and Jean Gauvin (respondent) and Aldéa Landry (defeated candidate) and The Attorney General for Canada (intervenor)

(123/91/M)

Indexed As: Richard and Larocque v. Gauvin

New Brunswick Court of Queen's Bench

Trial Division

Judicial District of Bathurst

Boisvert, J.

March 17, 1992.

Summary:

Jean Gauvin defeated Aldéa Landry by 50 votes in Shippagan-les-Iles at the Septem­ber 23, 1991 provincial election. The elec­tion was contested by way of a petition under the Controverted Elections Act (N.B.). Jean Gauvin vigorously defended himself and accompanied his defence with a request for an inquiry into the conduct of the defeated candidate to determine if she was guilty of corrupt practices.

The New Brunswick Court of Queen's Bench, Trial Division, dismissed the election petition, held an inquiry into the conduct of Aldéa Landry, declared that she was guilty, but not personally, of corrupt practices and confirmed the validity of the election.

Elections - Topic 5015

Corrupt and illegal practices - General - Inquiry into the conduct of a defeated candidate - Jean Gauvin defeated Aldéa Landry by 50 votes in Shippagan-les-Iles - His election was contested on the ground, amongst others, that he was guilty of corrupt practices - Gauvin vigorously defended himself and accompanied his defence with a request for an inquiry into the conduct of Aldéa Landry to determine if she herself was guilty of corrupt prac­tices - The New Brunswick Court of Queen's Bench, Trial Division, dismissed the allegations of corrupt practices against Gauvin, ruled in favour of the allegations against Aldéa but did not find her per­sonally guilty of the corrupt practices which had in fact been committed by one of her agents who offered employment to a voter if he voted for Aldéa - See para­graphs 59 to 99.

Elections - Topic 7902

Controverted elections - Grounds for invalidity - Substantial irregularities hav­ing a substantial effect - Jean Gauvin defeated Aldéa Landry by 50 votes in Shippagan-les-Iles - His election was contested on the ground, amongst others, that substantial irregularities having a substantial effect had been committed, namely: 1) advertisements contrary to the Elections Act (N.B.); 2) illegal assistance given to elderly electors who had difficulty expressing their choice; 3) improper write-in ballots; and 4) errors relating to the formal requirements of ss. 76(3) of the Elections Act - The New Brunswick Court of Queen's Bench, Trial Division, held that these irregularities were not substantial and did not produce a substantial effect on the election and dismissed the election petition - See paragraphs 17 to 24, 31 to 58, 100 to 137.

Elections - Topic 7903

Controverted elections - Grounds for invalidity - Corrupt practices - Jean Gauvin defeated Aldéa Landry by 50 votes in Shippagan-les-Iles - His election was contested on the ground, amongst others, that he was guilty of corrupt practices - Gauvin vigorously defended himself and accompanied his defence with a request for an inquiry into the conduct of Aldéa Lan­dry to determine if she herself was guilty of corrupt practices - The New Brunswick Court of Queen's Bench, Trial Division, dismissed the allegations of corrupt prac­tices against Gauvin, ruled in favour of such allegations against Aldéa but did not find her personally guilty of the corrupt practices which had in fact been com­mitted by one of her agents who offered employment to a voter if he voted for Aldéa - See paragraphs 59 to 99.

Elections - Topic 7904

Controverted elections - Grounds for invalidity - Disqualified electors - Jean Gauvin defeated Aldéa Landry by 50 votes in Shippagan-les-Iles - His election was contested on the ground, amongst others, that 21 people who did not meet the resi­dence requirements of the Elections Act (N.B.) voted in Shippagan-les-Iles - The New Brunswick Court of Queen's Bench, Trial Division, dismissed the petition - The court examined each case individually, confirmed the allegations with respect to eight people and deducted eight votes from Gauvin's majority - See paragraphs 25 to 35.

Cases Noticed:

Anderson v. Stewart and Diotte (1921), 62 D.L.R. 98 (N.B.C.A.) refd to. [paras. 10, 142].

Prince Albert Provincial Election, Re; Strachan v. Lamont (1906), 3 W.L.R. 571, refd to. [para. 10].

Somerville v. Laflamme (1877-1879), 2 S.C.R. 216, consd. [para. 10].

Hébert v. David, [1959] B.R. 384, consd. [paras. 13, 110].

Turbide v. Lévesque, [1957] B.R. 631, consd. [paras. 14, 15].

Thompson v. Minister of National Revenue, [1946] S.C.R. 209, consd. [para. 32].

Attorney General of Canada v. Mas­singhill (1915), 17 Ex. C.R. 510, consd. [para. 54].

Piette v. Chevalier (1933), 55 B.R. 1, consd. [para. 90].

Sideleau v. Davidson, [1942] S.C.R. 306, consd. [para. 93].

Malcolm v. Parry, L.R. 9 C.P. 610, consd. [para. 98].

Gaudreault v. Duguay, [1973] C.A. 184, consd. [para. 105].

MacDonald v. MacNeil (1990), 95 N.S.R.(2d) 137; 251 A.P.R. 137, refd to. [para. 124].

Jenkins v. Brecken (1883), 7 S.C.R. 247, consd. [para. 131].

Flookes and Long v. Shrake (1989), 100 A.R. 98; 70 Alta. L.R.(2d) 374 (C.Q.B.), consd. [para. 134].

Caporicci v. Parizeau, [1961] B.R. 753, consd. [para. 136].

Woodward v. Sarsons (1875), 44 L.J.C.P. 293, refd to. [para. 144].

Statutes Noticed:

Canadian Charter of Rights and Free­doms, 1982, generally.

Controverted Elections Act, R.S.N.B. 1973, c. C-21, sect. 2, sect. 4, sect. 5, sect. 6(3), sect. 7, sect. 22(3), sect. 24, sect. 27(2), sect. 27(3), sect. 29, sect. 30, sect. 39, sect. 41, sect. 42, sect. 43, sect. 71, sect. 79, sect. 80.

Elections Act, R.S.N.B. 1973, c. E-3, gen­erally, sect. 43(1), sect. 43(1)­(c), sect. 43 sect. (1)(d), sect. 72, sect. 76(2), sect. 76(3), sect. 76(4), sect. 87.3(5), sect. 87.3(5)(c), sect. 87.3(6).

Political Process Financing Act, R.S.N.B. 1973, c. P-9.3, gen­erally, sect. 73, sect. 73(2).

Authors and Works Noticed:

Black's Law Dictionary (5th Ed. 1979), "habitation", "habitancy", p. 639 [para. 31].

Craies on Statute Law (4th Ed.), gen­erally [para. 112].

Fidès, Dictionnaire des synonymes et antonymes, "exceptionnel", "inac­coutumé" [para. 30].

Robert Méthodique, "résider" [para. 30].

Counsel:

André G. Richard and A. François Daigle, for the petitioners and for Aldéa Landry in the inquiry into the conduct of a defeated candidate;

Michel C. Léger, Jacques Cormier and Roger Bilodeau, for the respondent;

John D. Hazen, for the intervenor.

This petition was heard on January 7, 8, 9, 10, 13, 14 and 16, 1992, by Boisvert, J., of the New Brunswick Court of Queen's Bench, Trial Division, Judicial District of Bathurst.

The following decision was rendered by Boisvert, J., on March 17, 1992.

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8 practice notes
  • Inman v. Kennedy, (1997) 189 N.B.R.(2d) 1 (CA)
    • Canada
    • New Brunswick Court of Appeal (New Brunswick)
    • April 30, 1997
    ...N.B.R. 25 (C.A.), consd. [para. 22]. Jenkins v. Brecken (1883), 7 S.C.R. 247, refd to. [para. 28]. Richard and Larocque v. Gauvin (1992), 124 N.B.R.(2d) 271; 312 A.P.R. 271 (T.D.), refd to. [para. Statutes Noticed: Canadian Charter of Rights and Freedoms, 1982, sect. 3 [para. 31]. Controver......
  • Dugas v. Landry et al., (1997) 188 N.B.R.(2d) 21 (TD)
    • Canada
    • New Brunswick Court of Queen's Bench of New Brunswick (Canada)
    • March 11, 1997
    ...Division, allowed the motion and dismissed the action. Editor's note: For a related decision, see Richard et Larocque v. Gauvin (1992), 124 N.B.R.(2d) 271; 312 A.P.R. 271 Libel and Slander - Topic 2928 Defences - Absolute privilege - Statements made in the course of judicial or legal procee......
  • Dugas v. Landry et al., (1997) 194 N.B.R.(2d) 150 (CA)
    • Canada
    • New Brunswick Court of Appeal (New Brunswick)
    • December 17, 1997
    ...The New Brunswick Court of Appeal allowed the appeal and quashed the trial judge's judgment. Editor's note: For a related decision, see 124 N.B.R.(2d) 271; 312 A.P.R. Libel and Slander - Topic 2928 Defences - Absolute privilege - Statements made in the course of judicial or legal proceeding......
  • Richard and Larocque v. Gauvin, (1992) 128 N.B.R.(2d) 281 (TD)
    • Canada
    • New Brunswick Court of Queen's Bench of New Brunswick (Canada)
    • April 27, 1992
    ...determine if she was guilty of corrupt practices. The New Brunswick Court of Queen's Bench, Trial Division, in a judgment reported at 124 N.B.R.(2d) 271; 312 A.P.R. 271, dismissed the election petition, held an inquiry into the conduct of Aldéa Landry, declared that she was guilty, but not ......
  • Request a trial to view additional results
8 cases
  • Inman v. Kennedy, (1997) 189 N.B.R.(2d) 1 (CA)
    • Canada
    • New Brunswick Court of Appeal (New Brunswick)
    • April 30, 1997
    ...N.B.R. 25 (C.A.), consd. [para. 22]. Jenkins v. Brecken (1883), 7 S.C.R. 247, refd to. [para. 28]. Richard and Larocque v. Gauvin (1992), 124 N.B.R.(2d) 271; 312 A.P.R. 271 (T.D.), refd to. [para. Statutes Noticed: Canadian Charter of Rights and Freedoms, 1982, sect. 3 [para. 31]. Controver......
  • Dugas v. Landry et al., (1997) 194 N.B.R.(2d) 150 (CA)
    • Canada
    • New Brunswick Court of Appeal (New Brunswick)
    • December 17, 1997
    ...The New Brunswick Court of Appeal allowed the appeal and quashed the trial judge's judgment. Editor's note: For a related decision, see 124 N.B.R.(2d) 271; 312 A.P.R. Libel and Slander - Topic 2928 Defences - Absolute privilege - Statements made in the course of judicial or legal proceeding......
  • Dugas v. Landry et al., (1997) 188 N.B.R.(2d) 21 (TD)
    • Canada
    • New Brunswick Court of Queen's Bench of New Brunswick (Canada)
    • March 11, 1997
    ...Division, allowed the motion and dismissed the action. Editor's note: For a related decision, see Richard et Larocque v. Gauvin (1992), 124 N.B.R.(2d) 271; 312 A.P.R. 271 Libel and Slander - Topic 2928 Defences - Absolute privilege - Statements made in the course of judicial or legal procee......
  • Richard and Larocque v. Gauvin, (1992) 128 N.B.R.(2d) 281 (TD)
    • Canada
    • New Brunswick Court of Queen's Bench of New Brunswick (Canada)
    • April 27, 1992
    ...determine if she was guilty of corrupt practices. The New Brunswick Court of Queen's Bench, Trial Division, in a judgment reported at 124 N.B.R.(2d) 271; 312 A.P.R. 271, dismissed the election petition, held an inquiry into the conduct of Aldéa Landry, declared that she was guilty, but not ......
  • Request a trial to view additional results

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