1990 York North federal by-election

February 2026 February 2026 1988 Canadian federal election 1988 1993 Canadian federal election 21,332 1993 Riding of York North CA Liberal nohash no LIB 49.90% Maurizio Bevilacqua CA Liberal name CA Liberal name 1990 York North federal by-election CA PC nohash 4,618 10.80% NDP no no CA NDP nohash Peter Devita CA NDP name 14,321 33.50% 200px MP Parliamentary Elected MP Maurizio Bevilacqua CA Liberal name Maurizio Bevilacqua Micheal-John-O'Brien-2014-Toronto-Bloor-and-Yonge.jpg 295 120 160 0 140 Canada 1990 12 10 Micheal O'Brien CA PC name A by-election was held in the federal electoral district of York North in Ontario on December 10, 1990, to fill a vacancy caused by a ruling by the Supreme Court of Ontario that annulled the 1988 election, unseating Liberal member of Parliament (MP) Maurizio Bevilacqua. Bevilacqua contested the by-election and gained back the seat with a comfortable margin more than two years after the initial election contest, while his principal rival in the original contest, Progressive Conservative Micheal O'Brien, came in a distant third. The by-election is notable for the two-year legal dispute that preceded it, involving multiple recounts and a court decision that declared the original election invalid. It was historically unique for a number of reasons: It was the only instance where an MP who had taken their seat in the House of Commons was ousted by a recount.While still very rare, MPs have been ousted for other reasons through contested elections. Recounts are usually completed soon after the election, long before winners would normally take their seats. In modern days, when an election is subject to a judicial recount, the returning officer is not to return the writ before the recount is completed. Following the conclusion of the initial recount, O'Brien was declared elected, sworn into office, and participated in debates in the first sessions of the 34th Parliament. It was the only instance where two recounts were conducted for the same election and the result was changed after both recounts It was the only instance where two federal MPs were sworn in and served in the House of Commons following the same electionThere were provincial precedents in the late 1800s, however., and the only time that two members elected from the same contest were unseated. It was the final instance where an MP was removed from office through the Dominion Controverted Elections Act, before that legislation was repealed in 2000.RSC 1985 Dominion Controverted Elections Act 39 Repealed by Canada Elections Act (S.C. 2000, c. 9) s. 573, section subsequently repealed. https://publications.gc.ca/collections/collection_2014/lois-statutes/YX2-2000-1.pdf#page=487 It was replaced by Part 20 of the Canada Elections Act.https://www.canlii.org/en/ca/laws/stat/sc-2000-c-9/latest/sc-2000-c-9.html Canada Elections Act SC 2000 9 20 Canada Elections Act CanLII Events leading to by-election Context in electoral district 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.Smith Dan 1988-06-27 Liberal meeting ends in acrimony after organizer wins nomination Toronto Star A81988-06-30 Liberal Party asked to arbitrate battle in North York riding The Globe and Mail A8 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.Cameron Stevie 1988-07-14 Liberals' ugly, chaotic nomination fights make farce of democracy The Globe and Mail A2 Shifting votes tallies, two judicial recounts In the 1988 election, held November 21, 1988, preliminary results had O'Brien leading Bevilacqua 39,104 to 39,046.Taylor Sterling Howell Peter January 12, 1989 York North recount puts Bevilacqua in Commons Toronto Star Toronto, Ontario A24 435860391 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. May 30, 1990 Voting irregularities cost MP his seat Windsor Star The Canadian Press Ottawa, Ontario A2 253821397Taylor Sterling 1988-11-25 Liberal wins York North after recount Toronto Star A15 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.Duffy Andrew 1988-12-06 Recount gives Tory York North bu Liberal vows fight not over Toronto Star A2 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. 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.Bevilaqua and O'Brien; Liberal Party of Canada, Intervenor onsc 1988 4830 canlii 67 O.R. (2d) 366; [1988] O.J. No. 2119 December 30, 1988 High Court of Justice The second recount was completed on January 11, 1989 with final tally showing Bevilacqua defeating O'Brien 37,513 votes to 37,436 votes, a 77-vote margin.Dexter Brian October 18, 1990 Bevilacqua set to go as paries gear up for Dec. 10 election Toronto Star Toronto, Ontario N2 436289234 O'Brien's seat was vacated after he had served 55 days as MP, and Bevilacqua was sworn in later that month.Dexter Brian October 11, 1990 York North federal by-election call is imminent Toronto Star Toronto, Ontario N1 436289062 O'Brien ousting marked the only time an 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.Dexter Brian December 11, 1990 Bevilacqua wins York North seat lost in dispute Toronto Star Toronto, Ontario A9 436314588 Controverted election 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. January 12, 1989 MP ousted month after swearing-in in 3rd recount of election results The Gazette The Canadian Press Toronto, Ontario B1 431738687 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.Haliechuk Rick May 30, 1990 Court nullifies 1988 election in York North Toronto Star Toronto, Ontario A2 436187435 May 31, 1990 Election problems in York North said 'only tip of iceberg' Toronto Star The Canadian Press Ottawa, Ontario A13 436186551 On May 29, 1990, the Ontario Supreme Court declared the election results void.O'Brien v. Hamel onsc 1990 canlii 6834 73 O.R. (2d) 87; [1990] O.J. No. 859 1990-05-28 High Court of Justice, OntarioDexter Brian October 11, 1990 York North federal by-election call is imminent Toronto Star Toronto, Ontario N1 436289062 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. 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.Dexter Brian June 7, 1990 Make permanent voters' list: Britnell Toronto Star Toronto, Ontario N5 436211890 The York North riding was declared vacant by John Fraser, Speaker of the House of Commons, on June 7. June 8, 1990 York North seat now officially vacant Toronto Star The Canadian Press Ottawa, Ontario A16 436220340 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. By-election 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.Branswell Helen December 11, 1990 Chretien wins by-election in N.B.; Ontario's York North riding also sends Liberal to Commons The Gazette Shediac, New Brunswick A1 432058442 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. Results Timeline of results +DateEventMaurizio Bevilacqua Micheal O'BrienLeadingNovember 21, 1988Election night results1988-11-22 FEDERAL ELECTIONS 1988: Results in each district and candidates' votes: Ontario (Part Two) Windsor Star C1 39,04639,104O'Brien by 58November 23, 1988Preliminary results with all polls reportedHowell Peter 1988-11-23 Tory winner may lose seat in York North vote recount Toronto Star A2037,44237,436Bevilacqua by 6November 25, 1988Official results post validation1988-11-25 Official count gives Liberals one more Ontario seat Montreal Gazette B137,502 37,436Bevilacqua by 58November 30, 1988Recount judge's preliminary decision to exclude 3,500+ ballotsDecember 5, 1988First recount35,91736,016O'Brien by 99, declared electedDecember 15, 1998Ontario Supreme Court ruled recount judge erred in excluding ballots, order second recountJanuary 11, 1989Second recount 37,51337,436Bevilacqua by 77, declared electedMay 29, 1990Ontario Supreme Court annulled the 1988 election resultJune 7, 1990Speaker John Fraser declared the seat for York North vacantDecember 10, 1990By-election21,3324,618Bevilacqua over new NDP candidate by 7,011 References See also 1997 Winchester by-election, a by-election in England held under identical circumstances Category:1990 elections in Canada Category:1990 in Ontario Category:Federal by-elections in Ontario Category:December 1990 in Canada