Progressive
Conservative Barry Ogden, left, who lost by 10 votes to Gerry Lowe last
September, has lost his bid to have the results set aside. (CBC)
A judge has rejecting setting aside the election result last September in the provincial riding of Saint John Harbour.
Court
of Queen's Bench Justice Hugh McLellan dismissed the case Friday
morning, weeks after hearing final arguments by both sides.
Progressive
Conservative candidate Barry Ogden had challenged his 10-vote loss to
Liberal Gerry Lowe in the Sept. 24 election that left neither party with
a majority in the legislature.
Ogden had asked the court to throw out the results and order a new election, alleging 71 instances of voting irregularities.
Lowe, left, the Saint John Harbour MLA, reads over the judgment with his lawyer Thomas O’Neil. (Connell Smith/CBC)
The case took months to hear as lawyers for both sides, along with Elections New Brunswick, presented their arguments.
In
his 48-page ruling, McLellan wrote that after considering the limited
evidence, it was his opinion Ogden had not met the burden to establish
that 28 people voted when they were not entitled to.
In
what he called the magic number test, the judge said he disallowed nine
votes — eight by non-residents of Saint John Harbour and one by a
person who had voted twice.
But McLellan said the magic number
test was not a substitute for the careful consideration of whether
a specific number of rejected votes would "produce a substantial effect
upon the election."
As a result, McLellan said, it was his
opinion that to overturn the election results the number of rejected
votes would have to be a lot greater than the 10-vote margin of victory.
MLA wants it over
In
a statement, Lowe said he was pleased with the decision and hoped "for
the sake of the people of Saint John Harbour we can finally put this
matter to rest."
The MLA said his priority since being sworn in
after the election "has been to represent the interests of the people of
my riding, and that will continue to be my priority moving forward.
That's the job I was elected to do."
Ogden's lawyer, Kelly
VanBuskirk, said he is still reviewing the decision and has not had a
chance to discuss it with his client.
Ogden said he had seen Lowe and congratulated him.
Case revealed problems
Later
in the day, Ogden said in a statement that he wasn't happy with the
outcome, but he was happy "we were able to shine the light on very
serious problems with our voting system."
After thanking people
for their support, Ogden said he believes as a result of the court case
"we will see improvements to our electoral system."
When asked if there would be an appeal, VanBuskirk said they'd have to think about.
"This
remains a case that casts light on what every Saint John Harbour
resident should be concerned about, but what every New Brunswicker and
every Canadian should be concerned about."
Chief electoral officer Kim Poffenroth said Elections New Brunswick respects the ruling but would offer no other comment.
"We must wait until the applicant to this application determines if they will pursue their right of appeal."
Methinks the lawyers made out like bandits N'esy Pas?
David R. Amos
Methinks
all the politicians know why I contacted the lawyers involved before
Justice Hugh McLellan (Same last name as Landslide Annie the lawyer who
is not advising Mr Prime Minister Trudeau The Younger) finally reached
his decision N'esy Pas?
Marguerite Deschamps
It's no wonder the
CONservatives know so much about voting irregularities. Remember
Robocalls and Pierre Poutine?
Marguerite Deschamps
It's
no wonder the CONservatives know so much about voting irregularities.
Remember Robocalls and Pierre Poutine? They could very well be the ones
involved in Saint John which is why they knew about it.
Dianne MacPherson
Reply to @Marguerite Deschamps:
That was Federal ; we are more 'civilized' in NB !!!!!
Marguerite Deschamps
Now that they lost
the riding, they are trying to blame their own irregularities on the
Liberals. It is well known that when the guilty sense that their fate
is fixed, they blame others.
Marguerite Deschamps
Reply to @Dianne MacPherson: once a CONservative, always a CONservative!
Dianne MacPherson
Reply to @Marguerite Deschamps:
NOT for me......I seldom vote for the
same Party twice in a row........
especially today.
My vote is based on how well things went
in the four years of their rule !!!!!
David R. Amos
Reply to @Marguerite
Deschamps: Methinks all the SANB lawyers and you know why I ran in the
last election and in Saint John Harbour in 2006 N'esy Pas?
David R. Amos
Reply to @Marguerite Deschamps: Cry me a river
Lynda Dykeman
Barry
Ogden has worked very hard in this city to help it have some heart.
More so than most are aware or grateful for. I am glad he challenged
this. I am also glad they can both move on. It is not about either
party. It is about honest votes and not taking advantage of the voting
public.
David R Amos
Reply to @Lynda Dykeman: Dream on
Lynda Dykeman
@ David R Amos...I will thanks.
David R Amos
Reply to @Lynda Dykeman: Of that I am certain
Dianne MacPherson
If there was anything positive coming
out of this issue, we can say that Election NB
learned s
Dianne MacPherson
Reply to @Dianne MacPherson:
some valuable lessons in choosing/teaching
workers how the process SHOULD work !!!!
David R Amos
Reply to @Dianne MacPherson: YUP
John O'Brien
Another rather obviously Liberal judge.
Marguerite Deschamps
Reply to @John O'Brien: this justice was appointed by the Conservatives. Speak about something you know about.
David R Amos
Reply to @Marguerite Deschamps: Methinks you know this N'esy Pas?
"We must wait until the applicant to this application determines if they will pursue their right of appeal."
Lou Bell
Reply to @Marguerite Deschamps: Marc ? Uerite ? Or Al Clark ?
Dan Lee
Reply to @Lou Bell
HMMM...i thought i was Marc................
Marguerite Deschamps
Reply to @John O'Brien and Lou DumbBell: Justice McLellan is a 1990 CONservative appointment under Brian Mulroney.
David R Amos
Reply to @Marguerite Deschamps: Methinks everybody knows why I am laughing at your self righteous indignation N'esy Pas?
David R Amos
Reply to @Marguerite Deschamps: Has the cat got your tongue?
Gary MacKay
It
has taken 11 months less a day to get this decision. Like it or not
there IMO is a serious problem with the NB voting system if there were
in fact 9 votes that the Judge disallowed. It does not bode well for
future elections and the trust of the public.
Elections NB needs a shaking for the chaff to fall out and work hard to
get people to vote in a trust worthy system. We need more than a small
margin of people voting to decide who leads.
David R.
Amos
Reply to @Gary MacKay: Methinks it is a small wonder that so many folks don't bother to vote N'esy Pas?
Laurie Clark
Reply to @David R.
Amos: You are such a phony! In the 30 years I lived in SE New
Brunswick, never once did I ever hear any Acadian say N'esy pas! Oh
that includes my Acadian son!
Marguerite Deschamps
Reply to @Laurie
Clark: David thinks he's an authority in the Chiac language. As a matter
of fact, he thinks he's an authority on everything, more particularly
in law.
Dan Lee
Reply to @Laurie Clark
Ya pas troub la
David R.
Amos
Reply to @Marguerite Deschamps: Methinks I should not thank you for your support N'esy Pas?
David R.
Amos
Reply to @Laurie Clark: Methinks you need to get out more N'esy Pas?
Laurie Clark
Reply to @Dan Lee: Dan Lee? You replied for David Amos? Same person?
David R.
Amos
Reply to @Laurie Clark: You know who I am
David R.
Amos
Reply to @Laurie Clark: Google Fundy Royal Debate
Mac Isaac
Finally!!
But I'm willing to bet that this isn't the end of it. My bet is that
Neither Ogden nor the PCs will ever to agree that their version of what
transpired during the election process in Saint John isn't correct. They
lost but that simply ain't enough. That it WAS a close result also
isn't enough. That they will have another kick at the can...ditto! Once
this sort of paranoia gets a hold of one of these people,
nothing....NOTHING will ever dissuade them that they didn't see what
they think they saw. And now for some contrariwise comments:...
Donald Gallant
Reply to @Mac Isaac:
Good explanation.
But it applies more to Trudeau.
David R.
Amos
Reply to @Mac Isaac:
Methinks the PANB won't support Mr Higgs for much longer so they will
have another kick at the can soon N'esy Pas?
Natalie Pugh
Reply to @Mac Isaac: We can all say the same about Gallant who refused to go away gracefully and admit defeat!
Robert Brannen
Reply to @Natalie Pugh: Is it really that easy to totally dismiss the conventions of Parliamentary Democracy?
Mac Isaac
Reply to @Natalie
Pugh: I'll try my best, without any rancour, to describe for you how our
democracy works. In an election the party with the most number of
seats, in theory, might win IF that party has the majority of seats
contested in the election. IF any single party doesn't win a majority of
seats, the governing party, IF they win the confidence of the other
parties with elected members, can and will form government even IF
another party has more seats. THIS is what happened after our last
election. Premier Gallant's Liberals WAS the governing party before the
election and has every right under our system of government to seek the
confidence of the other parties. When he couldn't gain the confidence of
either or both the Greens and Alliance, he resigned and made way for
Premier Higgs. What Premier Gallant did was perfectly in keeping with
Westminster rules. It wasn't that he was being ungraceful or willing to
admit defeat against unsurmountable odds (they were!), he was simply
following the rules of Parliament passed down from the days of Magna
Carta>
Marguerite Deschamps
Reply to @Mac Isaac: it's very simple rule, but very complicated for the simple minded.
David R.
Amos
Reply to @Marguerite Deschamps: Methinks that is exactly your problem N'esy Pas?
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