Let's conduct our own poll

[cakadu]

Tonight on the news the big story in Calgary was that the Ward 10 alderman resigned her position and a by-election will be held within 90 days. The by-election will cost taxpayers some $90,000. The defeated incumbent says that her legal bills are in excess of $100,000 (I guess at exhorbitant hourly rates, it adds up).

Calgary taxpayers may be on the hook to pay some of the legal costs for both parties who were contesting the election results. Same thing happened here in our County where it went to judicial review and it was reported that the County may be paying for some of the legal costs to get it that far.

What I'd like to know is how you feel about this? Do you think it is right for two (or more) people who want the position so badly that they take it to the next level to get some of their legal costs paid by the taxpayer? What would the best solution be?

An argument could be made that it has helped to expose flaws in the system, but how much merit does that have?

[cowman]

Personally I don't think you ever need to involve the justice system. In Red Deer county there were six other councillors? Why didn't they just make a decision on who won and say thats just how it is, swear in the councillor and get on with business? If the other guy tried to bring legal action just ignore the court and carry on?
Why do we need some glorified shyster(called a judge) to take care of our own business? If the people didn't like it they would be raising hell and would definitely turf out the six in the next election.
It seems we have become a nation that has fallen into the trap of relying on our "justice" system to right all our wrongs! Now I'm not saying I'm some paragon of virtue in this regard...I've used a lawyer a time or two when it suited me! But for something as frivolous as whether two ballots were counted as one, you need to take it to court? Like why not just count them again and let the returning officer initial the damned thing! Unfortunately that would involve some common sense and that is pretty much lacking in Canada today!

[cropduster]

Check the news folks, there`s trouble brewing in the CWB election too!!!CWB couldn`t get voter`s list right after 4 elections and then not even right after the second try this go `round.And, we have to listen to Paul Martin and `Landside` Annie talk about undemocratic elections in the Ukraine.We`re such a bunch of Canucks!!!!!!!

[gwynplaine]

...so now we "ignore the court and move on?" Can I do that too? Who decides, then, when the court is to be ignored? You? That scares me.

[gwynplaine]

oops wasn't done yet.

Is there a reason there's been no recount? Or if there was, why the subject is still in dispute?

[cakadu]

Which recount are you referring to, gwynplaine? If it is in Calgary, they didn't have to go all the way to judicial review because the councillor that "won" the seat - Margot Aftergood - resigned just prior to the review starting. In her statements to the press, it seems clear she should have resigned from the outset, but didn't perhaps expect the defeated councillor to take it so far - who knows?

Now there needs to be the by-election sometime in the next 90 days. Don't know who the candidates are yet - although I'm sure one can expect that the defeated incumbent will try again.

I'm still not convinced that the taxpayers should be footing some or any of the bill for these types of things.

We are certainly becoming a more litigious society, but no where near as bad as some other places I can think of.

[gwynplaine]

Sorry, I still don't know the background on this one. I should have been asking why Margot Aftergood resigned. Why did she resign?

And, it's true that we are becoming a more litigious society. We will never, however, become the Court Case Society the US is, for the simple reason our court cases are decided by Judges, and not Juries. Apparently, though, Judges are shysters. We read about a lot of the frivolous court cases filed in Canada, and never hear, however, that they were thrown out by the judge presiding the hearing. (I will concede there ARE bad judges, which stain the entire profession. I could list examples all day. I will not.)

As an aside, one notes that it's OK for cowman to Retain a Lawyer, but apparently it's not OK if someone who ISN'T cowman uses one. I'm not sure why I'm surprised, apparently everyone who's not cowman is stupid. The entire medical profession, for example, are idiots. As are the whining babysitters we call teachers.

Not sure where I'm going with this... perhaps it's the metaphorical grain of salt one needs to swallow some of this.

[gwynplaine]

should specify... our CIVIL proceedings are heard by Judges.

[cakadu]

As near as I can tell, she resigned in part because of irregularities that showed up in those mail-in ballots in that particular Ward. There is an ongoing criminal investigation into the whole thing. I didn't hear her whole press conference when she announced her resignation. I guess the question is why she let it go on for so long when she admitted that she shouldn't have taken the win.

I think you're right - there are good and bad in everything and unfortunately, it is generally the bad that we hear about and not the good because it is the bad that makes for a better news story and sound bite.

In our judicial system certain types of charges will allow for an accused to elect to be heard by trial judge alone or by a jury which is part of the reason we have judges deciding so many of the cases.

Maybe we all just need to hear a few more positives in a day.

[cropduster]

Gwynplaine,Seems like even if it`s only `metaphorical salt`you should take less!Too much blood pressure seems to be affecting your reactions.

[gwynplaine]

Pardon my irritation, cropduster, I get sick of reading the same posting over and over again.

[Horse]

As far as lawyers go if we didnt have one we wouldnt need two.

[Muttley]

I'm not from Alberta but was travelling there earlier in the week. I thought I heard on the news that the reason was a large number of mail in ballots were sent to the husband of the lady that won.
If this is true it should go to court and the judge should rule that this person or those involved be on the hook for costs!!!

[cakadu]

That's a good part of it Muttley. Who knows what the truth actually is because I'm reasonably certain we don't know all of it. The public inquiry should be done in order to avoid anything like this in the future.

I'm with you on this one - if found responsible for what went on, then in no way should taxpayer dollars be used to cover legal fees.