Letter to the editor

According to the Local Government Act, the School Act, and School District 53’s Trustee Election Bylaw #20, there were supposed to be two advanced polls.  Because of this, the by-election could be declared invalid if an application is made to the BC Supreme Court because “the election was not conducted in accordance with the School Act, or applicable section of the Local Government Act or regulations, or an applicable election bylaw.”

This application can be made by a candidate in the election, the chief election officer, or at least four electors in the voting area.  The School Board has decided that it will rely on the section of the Local Government Act that says that the courts can’t declare it invalid if the court is satisfied that the election was conducted in good faith, and that the irregularity did not materially affect the result of the election.

I pointed out that there is absolutely no way of knowing that not holding a second advanced poll would have affected the outcome and that it definitely could have, therefore it can’t be said that the irregularity did not materially affect the result.  Since the School District made the error, I believe that they should take it upon themselves to fix it and not expect others to do it for them.

I also reminded them that the confidence that our community has in the board has been eroded over the past year and that failure to admit to and fix this error would continue to erode it.

As I said, in the end, they have decided to do nothing except send a letter to the candidates.

Penny Duperron