How have the courts dealt with the issue of unenumerated voter lists?

Ontario, Canada


The following excerpt is from Wrzesnewskyj v. Attorney General (Canada), 2012 ONSC 2873 (CanLII):

In Flookes v. Shrake, in order to accommodate them, a large number of voters who had not been enumerated and who would have trouble understanding the oath they would be required to take were directed to polls other than the one in which they resided. At the end of the day, the lists were corrected so that the names of the 126 voters involved were moved to the list representing the poll in which they lived. As part of the application to set aside the election in that case, it was argued that those persons should not have been permitted to vote as result of this noncompliance with the applicable [page385] legislation. The concern raised was the possibility that they could have voted at more than one poll. The court found that there was no evidence anyone voted more than at one poll. Under the circumstances, there was no reason to declare the votes of the people who voted in this way to be invalid (see Flookes v. Shrake, supra, at paras. 22, 60 and 63).

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