School District No. 53 has won a court challenge against a school trustee candidate who lost a by-election in Osoyoos recently.

In a statement today, the school board said it received the reasons for judgment from Justice Peter Rogers regarding Penny Duperron’s petition to declare the November trustee by-election invalid due to the lack of a second advance poll.

“The Honourable Justice Rogers has determined that the failure to convene the second advance poll did not materially affect the outcome of the election and has therefore dismissed the petition,” the school board stated.

Chair Marieze Tarr said the board acknowledged and regrets the lack of the second advance poll, however, “appreciates the decision of Justice Rogers that supports the chief election officer’s opinion that it did not impact the election outcome.”

Tarr said the board looks forward to being able to return its focus to educational issues.

Duperron finished 40 votes behind winner Casey Brouwer and said holding a second advance poll may have changed that outcome. But the judge didn’t see the irregularity (not holding a second advance poll) as a big enough error to declare the election invalid.

“Some might consider this to be a successful failure but I consider it to be a success,” Duperron said. “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.”

Duperron said Justice Rogers concluded that her petition succeeded in establishing that the election was carried out in an irregular fashion. But he agreed with the school board 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,” Duperron said.

Rogers acknowledged that Duperron filed her petition in good faith out of a concern for the integrity of the democratic process.

Duperron admitted she was somewhat disappointed but not entirely surprised by the ruling, considering the court’s reluctance to overturn election results.

Duperron said she will continue to attend school board meetings and will be putting her name forward in the next trustee election.

She thanks everyone for their support, and once again congratulates Brouwer for winning the by-election.