Penny Duperron (Richard McGuire photo)
The Osoyoos school trustee candidate who lost the by-election in November and is challenging the issue in court continues to voice her displeasure with the school board.
Penny Duperron filed a petition through the BC Supreme Court on December 8, and a hearing is scheduled in Kelowna on Wednesday (Dec. 21).
Duperron is arguing that the board should redo the by-election because it admitted to an error in not holding two advance polls in the community. It only held one, contrary to the Local Government Act.
But board chair Marieze Tarr previously stated the election was conducted in good faith and the failure to hold a second advance poll did not materially affect the result of the election.
She also pointed out that filing an application with the court will not necessarily result in the election being declared invalid because the Act does anticipate the possibility of errors.
According to Duperron, a Victoria-based lawyer for the school district made it clear that his clients would not be co-operating with a review of the election proceedings.
“In fact, a response he delivered to the court asked for the review to be quashed and summarily dismissed,” Duperron said.
The lawyer attempted to intimidate her from proceeding any further, said Duperron.
“Over the past week, I have been threatened and intimidated by your lawyer in an attempt to steer me away from proceeding with this review,” she wrote in her letter to the board.
“In the response provided to me, your lawyer makes no effort to defend your position the by-election was fairly and properly conducted. Rather, his arguments are limited to why my petition, which the lawyer suggests isn’t in perfect form, should be dismissed by the Court.”
Although disappointed, Duperron said she is not surprised that the board is taking this position.
“I had hoped that now this process was in motion the school district would welcome the opportunity to prove in an impartial forum that it had done nothing wrong. Once again, my confidence in this district’s ability to do the right thing is misplaced.”
The school district left it up to the election candidates and/or the electors to challenge the process since it decided that Chief Election Officer Lynda Minnabarriet would not be petitioning the court for a review.
After spending two weeks trying to encourage the board to “do the right thing” with no results, Duperron took the step to petition the court.
“Whatever the outcome, I am prepared to accept the result. It appears the school district, however, is not.”
When asked about Duperron’s petition, Tarr said the school trustee candidate has a right to legally challenge the by-election process.
“This matter is now before the courts and, therefore, it would be inappropriate for me, trustees or staff to comment on the particulars of the allegations.”
Duperron, who lost the election by 40 votes behind winner Casey Brouwer, believes the school board wants her petition dismissed on a technicality. (According to Duperron, the board’s lawyer is questioning her petition, suggesting it is not in perfect form.) She said a substantial technicality isn’t sufficient to warrant a review of the by-election process, but a minor technicality is sufficient to halt her petition.
“It wants perfection in the process employed to question its imperfection. That truly is a double-standard.”
Duperron said if the school district had done the right thing after the election irregularity was discovered, and sought the review itself, the district’s lawyers could have ensured that proper process was followed.
“I have to ask: Of what is the school district so afraid? It has said that it is confident in its position that there was no material effect on the election. Why then, is it afraid to hear what a judge has to say about it?”
Duperron said its efforts to stop the review are costing the school district more than the cost of the flawed by-election.
But she said the school district has a plan to recoup those costs.
In a letter accompanying the school district’s response, the lawyer says he will make her pay for his time and resources if this matter goes to court, Duperron said.
“This process has been a frustrating exercise. I chose to represent myself because I believed the school district and school board would not be adversarial.”
Duperron said it is in everyone’s best interest to see what the court has to say.
“I want to know if the (by-election) process was fair and legal, and the school district and its board should want the same thing.”
She said if the board truly believes its decision was right, then “let the court affirm that.”
LYONEL DOHERTY
Special to the Times
