Penny Duperron is forging ahead with an application to the BC Supreme Court to challenge the recent school trustee by-election in Osoyoos. (Photo by Richard McGuire)
Penny Duperron from Osoyoos says people’s rights have been violated, and that’s why she’s not letting go of her challenge against the school board over the recent trustee by-election.
“As it sits right now, it looks like it is going to court,” she said, referring to filing an application with the BC Supreme Court to challenge the validity of the election and the board’s handling of the election process.
The board recently acknowledged that it erred by holding only one advance poll when it was required (under the Local Government Act) to hold two.
Duperron lost the election by 40 votes behind Casey Brouwer, who won the trustee seat with 251 votes.
The board has left it up to the candidates or at least four electors to challenge the election by filing an application with the BC Supreme Court.
“The district doesn’t want to do the right thing, so I guess it’s up to me,” Duperron said.
But board chair Marieze Tarr said 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.
Tarr 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.
Duperron said the dispute with the school board is not about winning or losing, it’s about people’s democratic rights.
“I can’t sit back and watch as this school district and board allow the rights that others fought for to be trounced on.”
Duperron said many wars were fought to protect what we have today – democracy.
She referred to Remembrance Day ceremonies where people honour those who sacrificed their lives for our rights and freedoms.
“How could one lay a wreath honouring these brave men and women, and now trounce on the rights that these soldiers fought to defend?”
Duperron said her fight has nothing to do with changing the election results, but it has everything to do with giving people what they are legally and rightfully entitled to – a vote.
Duperron said the board is treating the oversight as insignificant.
“It’s about this district and board not being willing to step up and do the right thing. If we let this go, what’s next?”
Duperron asked where the trustees are and why they aren’t ensuring that the rights of voters are protected.
The candidate admitted that she doesn’t know if a second advance poll would have had an effect on the results, but she said the evidence suggests that it did.
“If advanced voting had no impact, then let’s throw out the first advance poll. If we did that, the outcome would have been much different.”
In the advance poll on Oct. 26, Brouwer led with 83 votes, compared to 27 each for Duperron and third-place finisher John Redenbach.
“If the first advance poll had an impact, then it is a fair assumption to make that the second one would as well,” Duperron said.
She believes the board should declare the election invalid and start again.
“Let’s do it right so that the elected official can sit at the table knowing that it was done right, and the community, even if they aren’t all happy with the result, are satisfied that the election was fair.”
When Tarr was asked what her reaction was to the court challenge, she said trustees do not direct trustee elections, so it would not be appropriate to comment.
By Lyonel Doherty
