High court won't hear appeal over disputed Tory nomination process in Calgary

High court won't hear appeal over disputed Tory nomination process in Calgary

February 28, 2008 - 11:24

THE CANADIAN PRESS

OTTAWA - Disgruntled Tories who challenged the acclamation of MP Rob Anders as a candidate in the riding of Calgary West ran out of legal options Thursday at the Supreme Court of Canada.

The high court refused to hear their appeal in the case. As usual in such cases, the court gave no reasons for its decision. The case began when 11 Tories took legal action against party brass after Anders was acclaimed in 2006.

They compared the nomination process to a game of charades and accused the party and the riding association of changing procedures in order to keep Anders in Parliament.

They also argued that the party broke its own nomination rules by not widely advertising important dates or adequately searching for qualified candidates.

The Court of Queen's Bench upheld part of the complaint, saying it was subject to judicial review.

Justice Allen Sulatycky reluctantly concluded the courts had the jurisdiction to review the political process which saw Anders win the nomination unopposed.

"My natural inclination is to keep the political and judicial processes ... as distinct and separate as possible," Sulatycky said.

He said even though the power to nominate candidates lies ultimately with a party leader, case law has determined political parties are legal entities subject to court intervention.

"It would be inconsistent for me to find political parties are legal entities ... and to find at the same time that they are sheltered from judicial review," he said.

But the provincial Court of Appeal overturned that ruling, saying public law does not apply to private bodies such as political parties.

It said the Conservatives had the right to amend or abbreviate procedures under their own constitution as they see fit.

The Supreme Court's refusal to review that decision ends the matter.

Anders was first elected in 1997 as a member of the Reform party. He has won re-election three times, piling up bigger majorities each time.

However, he has also been dogged by controversy.

In 2001, he was the only MP to vote against making Nelson Mandela an honorary citizen of Canada. He called Mandela a communist and a terrorist and his comments were labelled "stupid" by then-prime minister Jean Chretien.
James Morton
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