Joussard election ruled invalid

Myler Savill contested the validitity of the Joussard election and won in court Feb. 20.

Chris Clegg
South Peace News

An Alberta Court of Queens Bench judge ruled Feb. 20 that the Oct. 15, 2007 municipal election in Joussard is invalid. Justice K.G. Nielsen reached his decision in Peace River ruling too many ineligible voters took part in the election which may have swayed the final outcome. Myler Savill, who contested the election after losing based on people who voted were ineligible, was elated after the ruling. “Justice has been done,” says Savill, who also served as M.D. reeve. Guy L’Heureux received 78 votes in the election compared to Savill’s 75 and Trina Willier’s 33. The decision means L’Heureux is dismissed from his councillor duties immediately leaving the Joussard seat vacant. All three say they will run again in the coming byelection. Justice Nielsen ruled there were at least seven people he found to be ineligible. “Based on the evidence I am satisfied at least three (people) were not eligible to vote,” says Justice Nielsen. “There were at least three voters … who don’t meet the eligibility. Given there were at least three involved I deem the election in Ward 6 to be invalided and a new election must be held.” Because of the constitutional right of a secret ballot, who the seven people voted for is a moot point. Ron Willier of Sucker Creek, Denis and Leona Ouellette of McLennan, Jocelyn and Joyce Huot of Spruce Grove, Alta. and Paul and Susan Rouleau (mailing address of Box 168, Joussard) were deemed ineligible. Mark Caudron, however, was ruled eligible after his eligibility was questioned. Willier’s was deemed ineligible because he only owns property in Ward 6 but does not reside there. Willier’s believes strongly he should have the right to vote if he owns property. Justice Nielsen ruled the Ouellettes, Huots and Rouleaus were not eligible because their primary residence is not in Joussard. All own cabins in Joussard but do not live there permanently. “The (Local Authorities Election Act) makes it clear they can leave home and not lose their residency,” says Justice Nielsen, adding the Act allows people to vote in only one municipal election. In short, Justice Nielsen deems their Joussard cabins as homes only in the summer but they return to their first and primary residence in winter. High Prairie lawyer Harry Jong, who represented Savill, asked for Savill to be reimbursed for court costs. Justice Nielsen denied the request, partly based on M.D. Assistant CAO Jeff’s Renaud’s comments and filed affidavit. “I can’t say the M.D. has done anything improper. Mr. L’Heureux and Mrs. Willier didn’t do anything wrong. I’m inclined not to award costs.” Savill says he began legal proceedings after concerned electors approached him. “I had a lot of encouragement demanding it be challenged and getting the process fixed,” says Savill. Savill will be running in the byelection, which may be set by the M.D. council at their Feb. 27 meeting. He says he owes it to his supporters to run adding they may be upset if he didn’t. “I enjoyed my time with the M.D. and I’d like to continue.” L’Heureux says he will be running but it still confused over the ruling. He says different judges interpret the Act differently. “But I’ll live with whatever the judge said,” he adds. Trina Willier did not know about the decision until Feb. 24. “My only concern is I hope they have a voter’s list,” she says. She adds when the matter was brought to her attention she questioned the validity of the election but was not in a position to say who was eligible and who wasn’t.

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