Canada's Supreme Court has cleared the way for a former Alberta MLA to pursue a $2.2-million lawsuit against the province's ex-chief electoral officer, dealing a significant blow to claims the case should be dismissed outright.
In a decision released Friday, a majority of Supreme Court justices ruled that ex-Wildrose Alliance MLA Joe Anglin has sufficient legal grounds to continue his lawsuit against Glen Resler over actions allegedly taken during the 2015 provincial election campaign.
"Anglin's claim does not constitute a collateral attack on the 2015 election result or an abuse of process," wrote Justice Mary Moreau in the majority judgment. "Anglin's claim assumes the unimpeachability of the election result and seeks compensation for misfeasance during the election process."
Resler had argued that Anglin's claim was nothing more than a "thinly veiled" attempt to overturn the results of his failed re-election bid and should therefore be dismissed as an abuse of the court process. The former elections chief also contended the lawsuit was barred by parliamentary privilege and immunity provisions under Alberta's Election Act.
The court's ruling represents a green light for Anglin's case to move forward to trial, where the merits of his allegations will be tested. The decision underscores the court's view that even high-ranking provincial officials are not immune from civil accountability for their conduct during elections, provided the legal framework supports such claims.
This case continues a years-long legal battle that has drawn significant attention in Alberta political circles, touching on questions about electoral administration, official conduct, and the limits of legal immunity for public officials.
This article is based on reporting from the Edmonton Journal.