Supreme Court allows lawsuit against former chief electoral officer

Canada's Supreme Court has ruled that former Alberta MLA Joe Anglin may continue his $2.2-million lawsuit against Glen Resler, the province's former chief electoral officer, over alleged misconduct during the 2015 election.

In a judgment released Friday, June 19, a majority of justices found Anglin's claim had sufficient legal basis and was not an abuse of process. Justice Mary Moreau wrote that the claim "does not constitute a collateral attack on the 2015 election result" but instead "seeks compensation for misfeasance during the election process."

Resler had argued the lawsuit was a thinly veiled attempt to challenge the election's outcome and that it was barred by parliamentary privilege and immunity provisions in Alberta's Election Act. The court rejected both arguments.

Anglin alleged Resler acted in bad faith and improperly launched investigations that damaged his chances of re-election in Rimbey-Rocky Mountain House-Sundre, a seat he had won for the Wildrose Alliance in 2012. During the 2015 campaign, Resler investigated complaints against Anglin, resulting in a $250 fine over campaign signs that read "Re-Elect Joe Anglin M.L.A." even after the legislature was dissolved. Anglin was later fined $500 after a copy of the electors list was found in a cabinet from his office sold as surplus inventory; that fine was rescinded with a judge citing procedural unfairness.

Anglin did not dispute the election outcome but argued the investigations themselves were improper. The court did not rule on the merits of his allegations, only that they should not be dismissed before trial. Justice Suzanne Côté dissented.