2018 BCPC 265, 2018 BCPC 265

Citation: Polly Palmer, CEO for Peachland v. Fortin & Gough 2018 BCPC 265 Date: 20181026 File No: 121145 Registry: Kelowna IN THE PROVINCIAL COURT OF BRITISH COLUMBIA IN THE MATTER OF AN APPLICATION PURSUANT TO SECTIONS 146(3) AND 148(5) OF THE LOCAL GOVERNMENT ACT AND DISTRICT OF PEACHLAND ELECTION PROCEDURES BYLAW NO. 2235 AND 2018 RULING ON APPLICATIONS OF THE HONOURABLE JUDGE E.M. BURDETT Appearing in person: Polly Palmer, Chief Election Officer, District of Peachland Appearing in person: Harry Gough Place of Hearing: Kelowna , B.C.

Date of Hearing: October 26, 2018 Date of Judgment: October 26, 2018 A Corrigendum was released by the Court on October 31, 2018. The corrections have been made to the text and the Corrigendum is appended to this document. [ 1 ] The application for a judicial recount for election for mayor for the District of Peachland is granted. [ 2 ] The judicial recount shall take place on October 29, 2018 at the Peachland Community Centre, commencing at 10:00 am.

[ 3 ] The recount will be done by hand of all ballots, namely the advanced voting day 1 ballots, the advanced voting day 2 ballots, the mail in ballots, and the ballots cast of October 20, 2018. [ 4 ] The Chief Election Officer Polly Palmer is appointed to assist in the recount.

She will be assisted by the following individuals: Deputy Chief Electoral Officer Lamanda Pineault Election official Deanne McGillivary Election official Tammy Theriault [ 5 ] Chief Election Office Polly Palmer may utilize further election officials if it is necessary for the judicial recount. [ 6 ] Each candidate for mayor may attend the judicial recount, along with one representative.

The candidates for mayor are: Keith Thom Cindy Fortin Eric Hall Bob Henderson Harry Gough. [ 7 ] The following members of the media may be present at the judicial recount: Ron Seymour - Kelowna Daily Courier Allister Waters - Capital News Wayne Moore - Castanet Brady Strachan - CBC Alex Coley - AM 1150 News Kelly Hayes - Global Keith Lacey - Kelowna Now [ 8 ] Each member of the media shall make a solemn declaration to preserve the secrecy of the ballots. [ 9 ] No one shall publish or make public or in any way disclose the name of a voter revealed during the judicial recount or any information that would identify such a voter. [ 10 ] Cameras, photographic or audio recording devices may be used by the media within the room where the judicial recount is taking place before the recount begins and after it is completed but are prohibited during the judicial recount. [ 11 ] If the recount results in a tie, the media are permitted to record the drawing of the lots and the declaration of the elected candidate. [ 12 ] Members of the media may not sit or stand at the tables where the ballots are being counted, but may observe the proceedings, including any ballots that do not identify the voter involved, and may position herself or himself as close as necessary to clearly hear the submissions made on behalf of the parties or others in attendance to the judge, as well as the decisions rendered and reasons given by the judge in each instance. [ 13 ] The media are permitted to leave the room to report from time to time on the court’s decisions regarding any disputed ballots so long as the identity of a voter is not disclosed, but are prohibited from reporting any information regarding the tallying of votes or other recount proceedings until the court declares the result of the election pursuant to

section 150 of the Local Government Act. ______________________________ The Honourable Judge E. M. Burdett CORRIGENDUM RELEASED OCTOBER 31, 2018 [1] The Ruling on Application issued on October 26, 2018 contained an error in paragraph [9]. [9] No one shall not publish or make public or in any way disclose the name of a voter revealed during the judicial recount or any information that would identify such a voter.

[2] Paragraph [9] should have read: [9] No one shall publish or make public or in any way disclose the name of a voter revealed during the judicial recount or any information that would identify such a voter. [3] The Ruling on Application is hereby amended. _____________________________ The Honourable Judge E. M. Burdett