Auger v. Grouard Northland School, 2014 ABQB 506

• Judge: Graesser, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: July 17, 2014
• Citations: 2014 ABQB 506;(2014), 595 A.R. 388 (QB)

Auger v. Grouard Northland School (2014), 595 A.R. 388 (QB)

MLB headnote and full text

Temp. Cite: [2014] A.R. TBEd. AU.049

Shawn Anthony Auger (applicant) v. Grouard Northland School (respondent)

(1409 00126; 2014 ABQB 506)

Indexed As: Auger v. Grouard Northland School

Alberta Court of Queen's Bench

Judicial District of Peace River

Graesser, J.

August 15, 2014.

Summary:

Auger was one of two candidates in a by-election to fill a vacancy on the Grouard Northland School Board. He lost to his opponent by 11 votes on a recount. Auger contested the validity of the by-election and applied for a re-election.

The Alberta Court of Queen's Bench allowed the application.

Education - Topic 930

Education authorities - Internal affairs of commissions or boards - Election of officers - Balloting - Manner of - [See Elections - Topic 7902 ].

Elections - Topic 3246

Voting and ballots - Ballots - Preparation and marking of - Marking of by deputy returning officer - [See Elections - Topic 7902 ].

Elections - Topic 3321

Voting and ballots - Ballots - Counting of - General - [See Elections - Topic 7902 ].

Elections - Topic 7902

Controverted elections - Grounds for invalidity - Irregularities affecting the result of the election - Auger was one of two candidates in a by-election to fill a vacancy on a school board - He lost to his opponent by 11 votes on a recount - Auger contested the validity of the by-election and applied for a re-election - The Alberta Court of Queen's Bench allowed the application - The following mistakes or irregularities were identified: (1) late appointment of deputy returning officer; (2) appointment of only one deputy returning officer; (3) failure to require production of identification by electors who attended to vote; (4) failure of the returning officer to initial or sign all of the ballots; (5) initialling or signing the ballots after the ballot box was opened; and (6) counting or failing to reject the un-initialled ballots - Given the number of mistakes and irregularities, it could not be concluded that there was substantial compliance with the Local Authorities Election Act - The failure to follow the initialling process was a particularly serious error - The Act was clear that an un-initialled ballot had to be rejected - This meant that at least 23 ballots should not have been counted - The mistakes and irregularities might well have affected the outcome of the election - The by-election results had to be quashed.

Cases Noticed:

L'Hirondelle v. Grier et al. (2000), 273 A.R. 201; 2000 ABQB 802, refd to. [para. 57].

Gordon v. Bourque et al. (2001), 304 A.R. 158; 2001 ABQB 1001, refd to. [para. 57].

Durocher v. Fishing Lake Metis Settlement et al., [2003] A.R. Uned. 774; 2003 ABQB 944, refd to. [para. 57].

Bellerose v. East Prairie Metis Settlement (2005), 382 A.R. 251; 2005 ABQB 597, refd to. [para. 57].

Omoth et al. v. Ghostkeeper et al. (2005), 387 A.R. 201; 2005 ABQB 671, refd to. [para. 57].

St. Paul No. 19 (County) v. St. Paul No. 19 (County) et al. (2008), 449 A.R. 121; 2008 ABQB 284, refd to. [para. 57].

Statutes Noticed:

Local Authorities Election Act, R.S.A. 2000, c. L-21, sect. 137(3) [para. 17].

Counsel:

Shawn Anthony Auger on his own behalf;

Jeff Chalifoux on his own behalf (for Grouard Northland School);

Dennis Walsh (Secretary-Treasurer), for the Northland School Division.

This application was heard on July 17, 2014, before Graesser, J., of the Alberta Court of Queen's Bench, Judicial District of Peace River, who delivered the following reasons for judgment on August 15, 2014.