Thursday was decision day. Justice Peter J. Rogers has released his ruling. Although he did find there to be an irregularity, he did not find a big enough error to declare the election invalid. Some might consider this to be a “successful failure” (to quote Apollo 13), but I consider it to be a success. I wanted this process reviewed by a neutral, impartial, third party – and it was, even though the school district lawyers threw up roadblocks and technicalities to try and stop it from being heard.

On November 23rd, I asked how it was determined that a second advanced poll would not have materially affected the outcome of the election. Finally, on December 29th, an answer was provided to the court. This after, they were directed by the court to argue the case on its merits.

In his ruling, Justice Rogers concludes, “In my view, the petitioner has succeeded in establishing that the election was carried out in an irregular fashion. There was only one advance poll when there ought to have been two. However, the respondent has satisfied me that a second advance poll would not have produced a different result.” Although I do not entirely agree with this position, I do respect his decision.

Further to his decision, Justice Rogers did not award costs to the school board stating, “It would, however, be manifestly unfair to burden the petitioner with the costs of this proceeding. It would be unfair because the petitioner filed her petition in good faith and out of a concern for the integrity of the democratic process.” He went on to say, “I cannot think that it would be fair to reward the respondent’s ineptness in carrying out its legislated duty by giving it costs against the petitioner.”

I am somewhat disappointed, but not entirely surprised by the ruling considering the courts reluctance to overturn election results. I will continue to attend school board meetings, as a spectator, and will be putting my name forward again in 2018.

Once again, thank you for all the support I received. And once again, congratulations to Mr. Brouwer.

Penny Duperron