Paul Bickford
Northern News Services
Published Monday, September 17, 2007

HAY RIVER - In a situation oddly like waiting for ballots to be counted, Hay River is again awaiting a decision on who will lead the town.

Prior to the Oct. 16, 2006, municipal election in Hay River, returning officer Selena Pukanich displayed the ballots during an interview with News/North. - NNSL file photo

However, only Supreme Court Justice John Vertes now gets to decide after hearing a challenge to the town's Oct. 16, 2006, municipal election.

In the civil matter, Wayne Keefe took returning officer Selena Pukanich to court seeking the election be overturned for a host of irregularities.

The four-day trial concluded Sept. 13 with Vertes saying he will issue a written judgment sometime in the coming weeks.

"I'm hoping that it won't be months," Vertes said.

Keefe, who was not a candidate, testified he launched the petition because he was concerned the election was not conducted in a fair manner according to law.

The trial heard a litany of irregularities - scrutineers counting ballots; an advance poll at Pukanich's home; the opening of a full ballot box to push down ballots; nomination papers being accepted without witnessed signatures of nominators; lack of signage and clutter at a polling station in the old fire hall on Vale Island; advertising for mobile polls that were never held; and even a ballot box going missing from town hall after the election.

Pukanich's lawyer, Michael Hansen, told the court that no one can provide perfection and the election rules were not applied in a thoughtless way.

"No trust was broken," Hansen said. Scrutineers counting

One of the most controversial things about the election was scrutineers counting ballots.

Pukanich explained election workers she had hired left when the polls closed at 7 p.m., even though she told them they would have to stay to help with the counting.

"They bolted come 7 o'clock," she said.

That left Pukanich, her deputy returning officer and four scutineers at the main polling station in the community hall.

One of the scrutineers suggested they help with the count, and Pukanich agreed.

"It was kind of off the cuff," she said.

Pukanich and her deputy returning officer counted the mayoral ballots, while the scrutineers counted the votes for councillors.

She said she trusted the scrutineers to conduct an honest count, noting, "They're all upstanding citizens."

Pukanich, who now lives in Peace River, Alta., admitted to "sloppiness" in not having nominators sign nominating papers in her presence as required by the Local Authorities Election Act, noting she trusted the candidates to get proper signatures.

"It's kind of bending the rules, I guess," she said.

As for people voting at her home, Pukanich noted not everyone could get to the advance poll on Oct. 4 and she then went into "accommodation mode" to help people vote.

In all, 37 people voted at her home between Oct. 4 and the Sunday before election day. The home poll was not advertised.

Pukanich also went to two residences to allow four people to cast ballots.

Another issue was the training and oversight provided by the Department of Municipal and Community Affairs (MACA).

Gail Cyr, the chief municipal elections officer with MACA at the time, testified it is the role of the local government to run an election, while her role was to be an advisor.

"The election was their's." Cyr said, who noted she was impressed with Pukanich's work as returning officer in the 2003 municipal election.

At the end of the trial, Vertes gave candidates in the election an opportunity to address the court.

Fred Lamb, an unsuccessful candidate for council, said he believed the election results to be fair.

"I don't see anyone alleging vote fraud took place," Lamb noted.

Ron Karp, who won a seat on council, wondered if the election act was merely a list of suggestions or law.

Mayor John Pollard said he is concerned the petition to the court used the phrase "corrupt practices," noting he worries how that reflects on the community, candidates and people who ran the election.

That prompted Vertes to note the words "corrupt practices" are in the election act and are somewhat antiquated.

Vertes said he heard nothing to suggest anyone is guilty of a serious offence.

"I think the people of Hay River should put their minds at ease," the judge said.

Following the trial, Keefe said he was pleased to have his day in court.

As for everyone now having to wait for the judge's decision, Keefe said, "It will be a long couple of weeks."