Supreme Court of Canada / Leave to appeal / Updated 2026-06-18

What changed?

On June 18, 2026, the Supreme Court of Canada granted leave to appeal in Attorney General of Canada v. Paul Drover, SCC file 42005. The appeal comes from the Court of Appeal for Ontario’s decision in 2025 ONCA 468.

The same SCC release listed five other leave applications as dismissed. The grant in Drover is the publishable development because it means the Court will hear a full appeal on the Canada Elections Act residency issue; it does not decide the merits.

Issue in brief

The SCC case summary says Paul Drover lost his position as a returning officer after moving outside the electoral district for which he had been appointed. At the relevant times, the Canada Elections Act required returning officers to reside in the electoral district where their powers and duties were performed.

The case raises whether those residency provisions deprive individuals of liberty protected by section 7 of the Canadian Charter of Rights and Freedoms, and how Charter liberty should be interpreted in this statutory-appointment context. According to the SCC summary, the Ontario Superior Court dismissed the constitutional challenge, while a majority of the Ontario Court of Appeal allowed the appeal and declared section 24(4) of the Canada Elections Act of no force or effect under section 52(1) of the Constitution Act, 1982.

Why it matters

Returning officers are central to federal election administration. A Supreme Court appeal on whether a statutory residency condition engages Charter liberty may affect election-officer appointment rules and may also clarify how section 7 applies to government-created offices or statutory conditions of appointment.

Because this is a leave grant, the SCC has only agreed to hear the case. The final outcome will depend on full appeal materials, argument, and reasons to be released later.

Sources

Caveats

This is a public-record research note, not legal advice. It relies on official SCC materials available at publication time and summarizes the procedural status neutrally. A leave grant does not mean the Supreme Court has accepted either party’s position on the merits.