Judge denies nomination delay in riding of MP Anders
Last Updated: Wednesday, April 18, 2007 | 5:15 PM MT
The Canadian Press
An attempt by the federal Conservatives to delay a new nomination race in the Calgary riding held by MP Rob Anders was denied Wednesday by an Alberta Appeal Court judge.
Justice Connie Hunt said she realizes Anders will be inconvenienced by having to fight another nomination battle in Calgary West, but party members should not be denied their democratic right to choose a candidate.
The Tories were trying to postpone a new 30-day nomination fight as ordered by a lower court judge last month after 11 disgruntled party members argued the Conservatives didn't follow their own nomination rules.
They said the Tories gave insufficient notice of the nomination meeting and the only candidate who stepped forward to challenge Anders was denied a membership list.
The party still plans to appeal the original decision, but that appeal isn't expected to be heard until later this year.
On Tuesday, a lawyer for Anders argued that the MP would suffer irreparable harm if he had to fight a new nomination race in the wake of his disputed acclamation last summer.
"He cannot fairly and effectively fight a new nomination battle while performing his duties as a sitting MP in a minority government," David de Vlieger told the Appeal Court.
"He cannot afford to be coming back to Calgary to door knock, arm twist and persuade people for votes."
Anders, whose four terms in office have been marked by controversy, currently chairs a veterans affairs committee in Ottawa.
He faced heated criticism in his riding during the last election for being away during the campaign and missing all-candidates debates.
Anders was in British Columbia helping out candidate Derek Zeisman, who was later dropped by the party for trying to smuggle a carload of liquor into Canada.
Despite his election successes, Anders has been at the centre of unwelcome attention for the Conservative party and its predecessors dating back to 2001, when he was the only MP to vote against making Nelson Mandela an honorary citizen of Canada.
He defended his action by saying Mandela was a communist and a terrorist.
Selection process was not fair and effective: judge
A group of 11 party members, including former MP Jim Hawkes, has been waging a legal battle against his acclamation since last August.
Justice Ged Hawco of the Court of Queen's Bench agreed when he ruled March 16 that there was not a "fair and effective candidate selection process" and the party didn't adhere to the rules on setting proper nomination meeting dates.
The disgruntled Tories say three candidates are willing to run against Anders if there's another contest.
Hawco also said that Colleen Mason, the chair of the riding's nomination committee and common-law wife of Anders' office manager, should be replaced.
Conservative party lawyer Gerry Chipeur said Tuesday that Mason has already resigned from her post. And he argued that allowing the new nomination meeting to go ahead could open the door to potential legal challenges across Canada in nearly a hundred ridings where the Conservatives fast-tracked sitting MPs through the nomination process.
"We are very interested in this case and the facts of this case because it has an impact on all the other constituencies," Chipeur told Hunt.
The Conservatives tentatively have a date in October to appeal the ruling, but Robert Hawkes, lawyer for the disgruntled Tories, said stopping a new nomination process prior to an appeal would amount to overthrowing the earlier ruling.
"The issue that arises here is time," said Hawkes, noting that the minority Conservative government could fall at any time.
