The Supreme Court of BC has put off a decision on Powell River resident Allan Drummond’s petition to have the election of George Doubt as a City of Powell River councillor annulled.
In the October municipal election, Doubt finished two votes ahead of Drummond. The difference determined the sixth and final council member elected to council.
Drummond, represented by Powell River lawyer Gregory Reif, and the lawyer for City of Powell River appeared before justice Robin Baird in Courtenay on Monday, December 10.
Drummond found out that six people who voted in the election were non-residents of the city, according to a statement to the Peak from Reif. City clerk and chief electoral officer Chris Jackson said that is not uncommon.
After a review of the six voters by electoral officers, two of the six were found to be eligible, leaving four who appear to have been ineligible, according to Reif.
Reif stated that Drummond, as one of the candidates, is not seeking to cancel the election of all councillors at this time, but simply the election of the councillor with the sixth largest vote total, which is Doubt.
Doubt had 1,766 votes to Drummond’s 1,764.
According to Jackson, the city has not had time to
examine the eligibility of the four voters in question but is currently conducting a review and preparing a response, including reasons why someone can vote.
“There are hundreds, if not more people who live elsewhere who are allowed to vote within the city, so it’s not unusual,” said Jackson.
Doubt was also in the courtroom. Baird recognized he had standing but refused his submission because the petition had not reached that point in the proceedings.
“What I will question if I get in front of the court is whether he's [Drummond] provided any evidence that the election was invalid,” said Doubt. “The question isn't simply: ‘was the election close?’ It is: ‘was it a properly conducted, valid election?’”
Doubt added that he is not questioning Drummond’s right to do whatever he chooses to do according to the law and the election.
Although no specific date has been set, the continuation of the hearing is expected to take place in early January 2019.
