1990 York North federal by-election

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York North was one of the original electoral districts created at Canadian Confederation and one of the very few that had been continually represented till the end of the twentieth century. While its geography varied significantly over the many decades, it had consistently covered much of modern-day Vaughan since the late 1920s and Richmond Hill and Markham since the 1950s. The redistribution prior to 1988 led to significant changes to its geography. It shed the town of Markham in the end of the riding, while re-gaining Aurora and the southern portion of King Township, while retaining Richmond Hill and Vaughan.

It also had some recent tumultuous political history. Its Progressive Conservative MPs from 1979 to 1984 was known for his extreme anti-communist views and animosity toward former PC leader Joe Clark, and became so unpopular that he was one of only two Progressive Conservative MPs to lose their seat in the 1984 landslide PC victory, allowed a rare instance of an independent being elected. Incumbent MP Tony Roman did not stand for re-election but endorsed Progressive Conservative candidate Micheal O'Brien. With significant territory change and no incumbent, it was seen as an open seat and the Liberal nomination was a hotly contested prize. Maurizio Bevilacqua, then a 28-year-old backroom organizer, won the nomination in late June against future caucus colleague Maria Minna and future Thornhill MPP Mario Racco, following an acrimonious contest that was widely covered in the press.^[3][4] Bevilacqua attracted extra scrutiny for being supported by local auto tycoon Frank Stronach (who himself was the Liberal candidate in the riding to the north) with both money and membership drawn from Magna employees.^[5]

In the 1988 election, held November 21, 1988, preliminary results had O'Brien leading Bevilacqua 39,104 to 39,046.^[6] The results however shifted numerous times in the ensuring days, with press reportred Bevilacqua having taken the lead. Following the official validation process on November 24, Bevilacqua was declared the winner with a margin of 66 votes.^[7][8]

In response, O'Brien requested and was granted a judicial recount. Prior to the actual recount, District Court Judge Eugene Fedak ruled to exclude more than 3,500 ballots from 16 polls on the grounds that the envelopes containing those ballots were only signed by one poll clerk rather than the required two, or were not sealed properly.^[9] The recount was concluded on December 5. O'Brien was declared the winner by a margin of 99 votes and was sworn in as the member of Parliament (MP) for York North.^[6]

Bevilacqua then appealed the recount judge's decision to exclude the 3,500 ballots. His counsel, the future Ontario indigenous affairs minister David Zimmer, and Elections Canada counsel both argued that the ballots ought not to be excluded by procedural oversights of Elections Canada officials, and that the integrity of those ballots were not subject to scrutiny at a recount but may only be challenged through a proceeding under the Dominion Controverted Elections Act. On December 15, Ontario Supreme Court justice David H. Doherty ruled that the recount judge erred in excluding ballots and ordered a second recount with those ballots included.^[10] The second recount was completed on January 11, 1989^[6] with final tally showing Bevilacqua defeating O'Brien 37,513 votes to 37,436 votes, a 77-vote margin.^[11] O'Brien's seat was vacated after he had served 55 days as MP, and Bevilacqua was sworn in later that month.^[12] O'Brien ousting marked the only time a MP who had taken their seat in the House of Commons being ousted by a recount. It was also the first federal election where two MPs were sworn in and served in the House of Commons following the same election.^[13]

O’Brien then filed a petition under the Dominion Controverted Elections Act, arguing that numerous violations of the Canada Elections Act had compromised the vote.^[14] The Ontario Supreme Court heard evidence of mistakes affecting 121 ballots, enough to potentially alter the 77-vote margin. Most of the cases involved voters who had been mistakenly left off official voters' lists, but who were still allowed to vote. In several cases, electors were vouched for by individuals who not on the voters' list themselves, contrary to the requirements of the Canada Elections Act.^[7][15][16] On May 29, 1990, the Ontario Supreme Court declared the election results void.^[17][18] Prior to the ruling, no federal election has been annulled by court for over 20 years. Under the Controverted Elections Act, Bevilacqua had eight days to appeal the ruling to the Supreme Court of Canada.^[15] However, he announced on June 5 that he would not appeal the ruling, noting the litigation had already cost him between $50,000 and $70,000.^[19] The York North riding was declared vacant by John Fraser, Speaker of the House of Commons, on June 7.^[20]

The 1990 decision was the last instance of an election being overturned under the Dominion Controverted Elections Act. It would be well over 30 years before another federal election would be overturned by court, when in 2026 the Supreme Court of Canada annulled the 2025 election in Terrebonne, Quebec, under the replacement provisions for contested elections in the Canada Elections Act.

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A by-election was held on December 10, 1990, the same day as another by-election in Beauséjour in New Brunswick, through which the newly elected Liberal leader and future prime minister Jean Chretien re-entered Parliament.^[21] Compared to the protracted legal battle that preceded it, the by-election itself produced a clear result. Political context has shifted significantly with various developments, including the demise of the Meech Lake Accord, the negotiation of NAFTA, ethics controversies in the PC government and the election of a new Liberal Party leader. Support for Brian Mulroney and the Progressive Conservative Party had declined substantially by this point, placing O'Brien at a disadvantage.

More than two years following the initial election, Bevilacqua reclaimed the seat by a comfortable margin of more than 7,000 votes over the second-place NDP candidate. O'Brien, who again represented the Progressive Conservatives, was pushed into third place with fewer than one-eighth of the votes he received two years prior.^[13]

v t e Canadian federal by-election, December 10, 1990: York North Bevilacqua's 1988 election declared void and invalid on July 6, 1990
Party	Candidate	Votes	%	±%
	Liberal	Maurizio Bevilacqua	21,332	49.90%
	New Democratic	Peter Devita	14,321	33.50%
	Progressive Conservative	Micheal O'Brien	4,618	10.80%
	Christian Heritage	William Ubbens	1,399	3.27%
	Libertarian	Roma Kelembet	424	0.99%
	Independent	David M. Shelley	239	0.56%
	Independent	Adelchi Di Palma	163	0.38%
	Independent	Paul Wizman	156	0.36%
	Independent	John Turmel	97	0.23%
Total valid votes			42,749	100.0