Sinclair-Desgagné v. Attorney-General of Canada
2025 QCCS 2551
Superior Court
Civil Chambers
CANADA
PROVINCE OF QUEBEC
DISTRICT OF TERREBONNE
N°: 700-17-021527-253
DATE: July 14, 2025
Presiding: The Honorable Éric Dufour, J.C.S.
NATHALIE SINCLAIR-DESGAGNÉ
Applicant
v.
ATTORNEY GENERAL OF CANADA
and
CHIEF ELECTORAL OFFICER OF CANADA
and
RETURNING OFFICER FOR THE ELECTORAL DISTRICT OF TERREBONNE
and
TATIANA AUGUSTE
and
MAXIME BEAUDOIN
and
MARIA CANTORE
and
ADRIENNE CHARLES
and
BENJAMIN RANKIN
Respondents
Judgment on Electoral Document Inspection
(s. 540(3) and (8) of the Canada Elections Act)
[1] Following the April 28, 2025 federal election and a subsequent judicial recount, Tatiana Auguste (Auguste), the Liberal Party of Canada candidate, became the Member of Parliament for the electoral district of Terrebonne. A single vote seperated her from her closest rival, Nathalie Sinclair-Desgagné (Sinclair-Desgagné), the Bloc Québecois candidate.
[2] On May 23, 2025, Sinclair-Desgagné filed an application to contest the Auguste's election pursuant to s. 524 of the Canada Elections Act1. As required by the Elections Act, she served the application on each candidate in the election.
[3] Auguste, who opposes the application, demands the production of certain documents, in particular two ballots attributed to Sinclair-Desgagné. She says these ballots will aid the Court during the hearing of the application, in particular during the application or non-application of the magic number test discussed in the Opitz2 decision of the Supreme Court of Canada.
[4] CONSIDERING s. 540 of the Elections Act;
[5] CONSIDERING the minutes of the Court from the judicial recount held on May 8, 9 and 10, 2025 for the electoral district of Terrebonne;
[6] CONSIDERING Auguste's application materials, her affidavit and the parties' submissions during the hearing of the present application;
[7] CONSIDERING that, even if Auguste's affidavit in support of her application can be reduced to a generic attestation of the truth of the facts she states, the Court, anxious not to dismiss an application for this single reason, deems it sufficient for the purposes of this application;
[8] CONSIDERING the arguments of irregularity submitted by Sinclair-Desgagné;
[9] CONSIDERING that Auguste intends to raise question of law about the application of the Opitz test;
[10] CONSIDERING that at these embryonic stages of proceedings and without commenting on the merits of the parties' arguments, the Court strives not to prevent Auguste from presenting the evidence she deems necessary to support her response to Sinclair-Desgagné's application3;
[11] CONSIDERING that relevance should be adjudicated with leeway, especially at this early stage of proceedings when the Court doesn't have the benefit of tested evidence or complete pleadings from all parties;
[12] CONSIDERING however that in order to limit the scope of disputed issues in play, the Court, with her consent, has limited the scope of Auguste's arguments in relation to these ballots to those discussed in the minutes of this application;
[13] CONSIDERING that Auguste's application, being related to two ballots, is raised in the context of neither an commission of inquiry4 nor an appeal of a judicial recount;
[14] IN VIEW of the representations of the Chief Electoral Officer of Canada that it would take ten days to produce the requested documents;
FOR THESE REASONS, THE COURT:
[15] ALLOWS Tatiana Auguste's application to inspect the electoral documents;
[16] AUTHORIZES the Respondent, the Chief Electoral Officer, to open ballot boxes 19 and 608 from the April 28, 2025 election for the electoral district of Terrebonne;
[17] ORDERS that the Chief Electoral Officer provide, by notification, a certified copy of ballots 19-1 and 608-2 to every party within ten days of this judgment. The originals shall be preserved in an appropriate manner as determined by the Chief Electoral Officer and be brought to the first day of the hearing of the contested election application.
[18] COSTS are to be determined.
__________________________________
ÉRIC DUFOUR, J.C.S.
Date of hearing: July 11, 2025
Me. Stéphane Chatigny
FORTIER D'AMOUR GOYETTE
Counsel for the Applicant
Me. Daniel Baum
Me. Geneviève Claveau
LANGLOIS AVOCATS, SENCRL
Counsel for the Respondents Chief Electoral Officer of Canada and the Returning Officer for the Electoral District of Terrebonne
Me. Marc-Étienne Vien
ST-AMAND & VIEN AVOCATS D'AFFAIRES
Counsel for the Respondents Tatiana Auguste
Madame Camille Trudel, Articling Student
DELEGATUS SERVICES JURIDIQUES INC.
Representative for the Respondent Maxime Beaudoin
Me Marie-Ève Labonté
Me Chris Semerjian
FASKEN MARTINEAU DUMOULIN, SENCRL, SRL
Counsel for the Respondent Adrienne Charles