Canada's highest court has ruled that a former Alberta MLA may continue his $2.2-million lawsuit against the province's former chief electoral officer Glen Resler. In a judgment released early Friday, a majority Supreme Court of Canada justices found that there was sufficient legal basis for Joe Anglin's claim to proceed and that it was based on a reasonable cause of action.
Background of the Case
Anglin, a former Wildrose Alliance MLA, has been engaged in a protracted legal battle against Resler over actions taken during the 2015 provincial election campaign. The lawsuit alleges that Resler acted in bad faith and improperly launched investigations that damaged Anglin's chances of re-election in the Rimbey-Rocky Mountain House-Sundre riding, which he had won for the Wildrose Alliance three years earlier.
Supreme Court's Ruling
Writing for the majority, Justice Mary Moreau stated that Anglin's claim does not constitute a collateral attack on the 2015 election result or an abuse of process. She emphasized that the claim assumes the unimpeachability of the election result and seeks compensation for misfeasance during the election process.
The court rejected Resler's arguments that the lawsuit was a thinly veiled attempt to challenge the election result and was barred by parliamentary privilege and immunity provisions in Alberta's Election Act. The ruling noted that the tort of misfeasance in public office is a legitimate legal avenue for candidates to challenge misconduct by public officials without challenging the membership of the legislature.
Dissenting Opinion
Justice Suzanne Côté dissented, writing that she would have dismissed the appeal. The majority ruling did not address the merits of Anglin's allegations but only determined that they should not be struck out before being tested at trial.
Ongoing Legal Battle
The ruling is the latest in a decade-long legal dispute between Anglin and Resler, who served as Alberta's chief electoral officer until May 2024. Anglin is seeking $2.2 million in compensation, alleging that Resler's investigations damaged his re-election campaign, in which he finished fourth out of four candidates, behind winner and current Finance Minister Jason Nixon.
One investigation resulted in a $250 fine over issues with Anglin's campaign signs, some of which read "Re-Elect Joe Anglin M.L.A.," even though the legislature had been dissolved. Anglin, a former U.S. Marine, was later fined an additional $500 after a copy of the electors list was found in a cabinet from his office sold as surplus inventory, though that fine was ultimately rescinded due to procedural unfairness.
