Paul Bickford
Northern News Services
Published Monday, November 26, 2007

YELLOWKNIFE - For a man who is not actively involved in politics, Wayne Keefe has been at the centre of one of the most intriguing political dramas in the NWT over the last year.

Wayne Keefe launched a court challenge over irregularities in the 2006 municipal election in Hay River. - Paul Bickford/NNSL photo

It was Keefe who launched the court challenge against the October 2006 municipal election in Hay River, eventually leading to all councillors being dismissed and a byelection called for Dec. 10.

Keefe - a 50-year-old manager of telecom maintenance with the Canadian Coast Guard - recently talked to News/North about his decision to take the matter to court, and about his views on democracy.

News/North: What was your reaction when you first heard of the problems with the October 2006 municipal election?

Wayne Keefe: My reaction was one of dismay. I was under the assumption that elections are run without flaws all the time. Basically my first concern was the scrutineers counting (ballots). I was pretty concerned and I was dismayed. I was surprised that would happen.

N/N: Was that the main reason you decided to take the matter to court, or was it the overall sum of the irregularities?

W.K.: Well, it wasn't the overall sum of the irregularities. A number of irregularities became evident after I started looking into my main concern. There were a couple of other things that did come up besides the scrutineers counting. That would be the state of the Vale Island poll. The fact that people from Vale Island were coming into Hay River to vote. I couldn't understand how they could get away from double votes. And, the fact that the doors were closed but they weren't secured, and people were wandering in and out during the counting. I was not aware that any of these were or were not breaches at the time, even the scrutineers counting, I didn't know if it was a breach at the time, but I felt there was enough there to complain about. So when I contacted the chief municipal elections officer in Yellowknife, I was told that I probably had it wrong and the scrutineers probably did not handle the ballots and this chief municipal elections officer stated that she doubted that really happened. When I pressed the matter, it was basically indicated that I could take this up with the Supreme Court ... I didn't know it was going to be such a big deal. I thought I would go to court and it would be over in half an hour, and, of course, they would definitely see it my way and that would be it. But no, it was not to be. It didn't quite work that way.

N/N: Was it a difficult decision to take the matter to court?

W.K.: Yes, it was, but I had to decide either to go to court or not to go to court. I'd either drop it or not drop it. I felt that my complaint was warranted and I just felt very strongly about it that there was a very unfair injustice done and the only way to correct this injustice was to follow through.

N/N: So you felt so strongly about it you went ahead?

W.K.: That's exactly right. I felt very strongly about it. I still feel very strongly about it. And I proceeded accordingly. (Justice Vertes) his judgment has verified the case as being justified in proceeding and that I had justification for proceeding. Justice Vertes has indicated that I brought up numerous irregularities. He's indicated that I did a service for Hay River. I wasn't out to look at it in that light. I was out very simply because I'd seen an unfair procedure happening during the election count, or what I thought really odd.

N/N: Do you feel there is public support for what you did?

W.K.: I believe for the most part I see positive support for what I did and most people that I talk to are very supportive. They believe that this problem needed to be addressed.

N/N: What was your reaction to the court decision?

W.K.: Overall in general terms, I respect Justice Vertes' decision on this matter and I believe it's a just decision. It's not all that was requested in the petition, but he gave his reasons for the distance that he went and I do see that we maybe could have addressed other items in hindsight in the court case, but there's always hindsight after a court case, I'm sure.

N/N: Were you surprised that the election of the councillors was invalidated, but not that of the mayor?

W.K.: I was looking for both to be invalidated. I still believe they both should have been, but I do realize the provisions in the act and that the courts are very reluctant to overturn an election without just cause... Courts are very reluctant to overturn elections because in most elections there are minor improprieties and irregularities. I wouldn't be pursuing this case if there was something like a door left open or a contested ballot or two. That's a normal thing, but I think it's fully understandable that there would be a heightened concern over scrutineers counting ballots. So with that said, the judge did not overturn this election because he thought the irregularities had an effect on the results. Basically, the election in summation was overturned because he wasn't satisfied that the election was conducted in accordance with the act.

N/N: Town councillors say they were innocent victims in this court case. How would you respond to that?

W.K.: I would say they're probably right. I don't know of any councillors that conducted any irregularities, so they probably are innocent victims. Some councillors may feel they were wrongly done by, but there is a councillor that gave testimony and there is another councillor that gave support to what I was doing. That was at the risk of losing their position, which they did lose. They have to fight for that position again if they want it, which they are doing.

N/N: Do you think this court decision will have implications not just for Hay River but around the NWT?

W.K.: I'm hoping that it helps any municipality that can benefit from it ... Lack of adequate training seemed to be most important to the justice... However, I see that more as a symptom rather than the root cause. I believe one of the root causes is lack of accountability above the returning officer for anything that the returning officer does. And, if that accountability is there, I believe she would have been trained. So not being trained is a symptom and, if the core root of the problem is not addressed, then there could be further symptoms.

N/N: Mayor John Pollard has estimated the court case and the byelection will cost the town between $100,000 and $125,000. How do you react to that figure?

W.K.: I think we have to be very, very careful when we try to quantify the price of democracy. I mean there are so many ways that figures can be misused and statistics can be used and whatnot. If this cost $100,000, you have to realize that, if something was done about the serious irregularities and the one that I complained about that actually overturned this election, if something was done about that initially, we wouldn't have to spend $100,000. There are so many different ways of looking at it. If you want to look at it this way, $100,000 if a thousand people voted, what does that cost? A hundred dollars a vote. In some countries people pay with their lives ... In relative terms of things, each person will have to decide the value of their vote. If a person is very monetarily oriented and believes this comes down to nothing but a monetary headache, then that's what they think of their vote. If a person wants to reduce this to a monetary value, then that's what they're reducing their vote to. If a person is completely concerned about a democratic right to vote, then their value is not monetary. So the value that I put on this whole issue is a democratic, non-monetary value.