Short title

CHAPTER 4.

An Ordinance Respecting Controverted Elections.

SHORT TITLE.

1. This Ordinance may be cited as "The Controverted Elections Ordinance." N.W.T., c. 4, s. 1.

INTERPRETATION.

Interpretation 2. In this Ordinance unless the context otherwise requires :

"Judge "

"Clerk."

(1) The expression "the judge" means a judge of the Territorial Court.

(2) The expression "the clerk" means the clerk of the said court. N.W.T., c. 4, s. 3.

Time for election petition.

Who may petition.

Form of petition.

Filing.

PETITIONS.

3. At any time within one month after the publication by the Territorial Secretary of the notice prescribed by section 118 of the Ordinance respecting elections any defeated candidate or any duly qualified elector of the electoral district in which the election was held may petition against the undue return or undue election of any candidate at such election N.W.T., c. 4, s. 3.

4. Such petition may be in form A in the schedule hereto; and shall within the time prescribed by the last preceding section be filed in the office of the clerk of the Territorial Court, and shall contain the following state

ments:

(a.) The right of the petitioner to petition;

(b.) The holding and result of the election in general

terms:

(c.) In a brief form the facts and grounds relied on to sanction the prayer.

and such petition shall conclude with a prayer that the election may be declared void and set aside, and it also may contain a prayer that some other candidate at the election than the one certified to be elected was duly elected. N.W.T., c. 4, s. 4.

SECURITY FOR COSTS.

5. The petitioner shall at the time he files such petition Petitioner to give security deposit with the said clerk the sum of $500 in current bank for costs. notes of the Dominion of Canada or other current money as security for the respondent's costs of and incidental to the said petition and the proceedings thereunder. N. W. T. c. 4, s. 5.

SERVICE OF PETITION.

6. A copy of such petition shall be served on the candi- Respondent date against whom such petition is filed (herein called the to be served with copy of respondent) within twenty days after the same is so filed; petition." and such service may be effected in the way that service of a writ of summons in an ordinary civil action in the said court is effected. N. W. T. c. 4, s. 6.

service.

7. Upon the judge being satisfied by affidavit either Extension of before or after the time hereinbefore limited for the service time for of a copy of the petition that every reasonable effort has been made to effect such service and that such service has not been effected, he may ex parte extend the time for effecting such service for a period not exceeding ten days and so from time to time until such service has been effected; or the judge may in such case make an ex parte order for Substitutional substitutional service of such petition in such manner as he directs. N. W. T. c. 4, s. 7.

service.

ADDRESS FOR SERVICE.

to indorse

8. The petitioner shall indorse on the petition filed with Petitioner the clerk and on the copy thereof served on the respondent address for an address for service (which shall not be more than three service on miles from such clerk's office) at which all summonses, petition notices, demands and other papers in the proceedings may be served on him; and in default of so doing such summonses, notices, demands and other papers in the proceedings may be served on him by being filed with the clerk. N. W. T. c. 4, s. 8.

address for

9. The respondent shall within ten days after being Respondent to served with a copy of the petition as herein before provided file notice of file with the clerk a notice in writing specifying an address service. for service not more than three miles from such clerk's office at which all summonses, notices, demands and other papers in the proceedings may be served on him; and in default of so doing such summonses, notices, demands or other papers may be served on him by being filed with the clerk. N. W. T. c. 4, s. 9.

PRELIMINARY OBJECTIONS.

Respondent may apply to

set aside.

10. The respondent may at any time within twenty have petition days after the service upon him of the petition apply to the judge to set such petition aside and have it removed from the files of the court on any of the following grounds: (a.) That the petitioner is not qualified to file a petition; (b.) That the petition was not filed within the prescribed time;

(c.) That the deposit has not been made as provided in section 5 hereof;

(d.) That the petition does not on its face disclose sufficient grounds or facts to have the election set aside or declared void;

(e.) That service of a copy of such petition has not been made on him as herein prescribed;

and the judge may (if satisfied that the application is well founded) order the petition to be set aside and removed from the files of the court with or without costs as he may direct; or (if not so satisfied) may dismiss the application with or without costs as aforesaid. N. W. T. c. 4, s. 10.

further particulars.

PARTICULARS.

Respondent 11. Evidence need not be stated in the petition but the may apply for respondent may at any time within twenty days after service upon him of the petition (unless he makes an application under the next preceding section, and if he does then within five days after such application is disposed of if it is refused or dismissed) apply to the judge for particulars or for further and better particulars of the facts and grounds relied on to sustain the prayer of the petition; and the judge may order such particulars as may be necessary to prevent surprise and to ensure a fair and effectual trial; and may prescribe the time within which such particulars shall be delivered; and may in such order direct that in case such particulars are not delivered as prescribed the petitioner shall not be at liberty to give any evidence at the trial with respect to facts and grounds of which particulars are ordered and not delivered. N. W. T. c. 4, s. 11.

Respondent may file

statement of

objections if seat claimed

for other than returned candidate.

PETITION CLAIMING SEAT; OBJECTIONS.

12. If the petitioner claims the seat for any other candidate than the one certified to be elected the respondent may within twenty days after service upon him of the petition (unless he applies to set aside the petition under section 10 hereof, and if he does then within ten days after such application is disposed of if it is refused or dismissed) file with the clerk a statement in form B in the schedule

hereto, claiming that the seat ought not to be awarded to the candidate for whom it is so claimed because :

(a.) He is not qualified to be elected a member of the Yukon council;

(b.) He at the election in question was guilty of some act or acts in contravention of sections 114, 115 or 116 of the Ordinance respecting elections;

and serve a copy of such statement on the petitioner. N. W. T. c. 4, s. 12.

SETTING ASIDE OBJECTIONS.

13. The petitioner within ten days after service upon Petitioner him of the said statement may apply to the judge to set have statesuch statement aside and have it removed from the files the court on any of the following grounds:

may apply to of ment of objections set aside.

(a.) That it was not filed within the prescribed time; (b.) That it was not served on him as herein prescribed; (c.) That it does not on its face disclose sufficient grounds to have the election declared void as against the candidate for whom the seat is claimed;

(d.) That the petition does not claim the seat for any other candidate;

or if the statement is not served on the petitioner as herein directed he may apply at any time to have it set aside and removed from the files of the court; and the judge may (if satisfied that any application under this section is well founded) order such statement to be set aside and removed from the files of the court with or without costs as he directs; and if not so satisfied he shall dismiss the application with or without costs as he directs. N.W.T., c. 4, s. 13.

EVIDENCE; PARTICULARS.

for further

14. Evidence need not be stated in such statement but Petitioner the petitioner may at any time within ten days after service may apply upon him of the said statement (unless he makes an applica- particulars. tion under section 13 hereof to set the statement aside, and if he does then within five days after such application is disposed of if it is refused or dismissed) apply to the judge for particulars or for further and better particulars of the facts and grounds relied on for the claim that the seat ought not to be awarded to the candidate for whom it is claimed in the petition; and the judge may order such particulars as may be necessary to prevent surprise and to ensure a fair and effectual trial in the same manner and with the same consequence as prescribed in section 11 of this Ordinance. N.W.T., c. 4, s. 14.

Petition when at issue.

of trial.

PETITIONS AT ISSUE.

15. If the said petition is not ordered to be set aside and taken off the files of the court the same shall be deemed to be at issue when all other orders (upon applications hereinbefore authorised to be made) by the judge have been made whether granting or refusing such applications or when the time for making such applications has expired if no such applications have been made. N.W.T., c. 4, s. 15.

Application of 16. At any time after the said petition is at issue the petitioner for time and place petitioner may apply to the judge to appoint a time and place for the trial of the petition; and the judge (on being certified that the petition is at issue) shall appoint a time and place for such trial. N.W.T., c. 4, s. 16.

Application of respondent for

17. If the petitioner does not within one month after the dismissal of petition is at issue apply to the judge to appoint a time and petition. place for the trial of the petition the respondent may apply to the judge to dismiss the petition; and the judge may thereupon at the return of the summons (if the application is properly made) either dismiss the petition with costs or appoint a time and place for the trial of the petition. N.W.T., c. 4, s. 17.

Petition and

proceedings deemed cause

thereunder

in court.

Applications to judge in chambers.

GENERAL.

18. The said petition and all proceedings thereunder shall be deemed to be a cause in the court in which the said petition is filed, and all the provisions of The Judicature Ordinance in so far as they are applicable and not inconsistent with the provisions of this Ordinance shall be applicable to such petition and proceedings; and the tariff of costs for clerks, sheriffs, solicitors and interpreters (whether prescribed by The Judicature Ordinance or under its authority) shall be applicable to such proceedings. N.W.T., c. 4, s. 18.

19. Applications to the judge shall be made in chambers and unless authorised to be made ex parte shall be made by notice. N.W.T., c. 4, s. 19.

Trial

TRIAL.

20. The judge shall attend at the time and place appointed for the trial and try the matters of the said petition and arising thereout; and such place of trial shall be an open court at which the usual officers of the court shall attend and perform their respective duties as in the case of any other trial in the said court; and such trial may be adjourned from day to day or for such further time as the judge may direct. N.W.T., c. 4, s. 20.