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Town of Rocky Mountain House
5116 50th Avenue
Box 1509
Rocky Mountain House, AB
T4T 1B2
Ph: (403) 845-2866
Fx: (403) 845-3230

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Posted on: December 7, 2017

REVIEW REQUESTED FOR 2017 MUNICIPAL ELECTION – December 6 Update

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(Rocky Mountain House, AB) –  Following the court appearance at Red Deer Court of Queen’s Bench on December 6, 2017, the application filed requesting a judicial review of the Town of Rocky Mountain House and Clearwater County’s 2017 municipal election process has been held over until January 15, 2018.

 At the hearing, the Honourable Madam Justice M.D. Slawinsky indicated that there were procedural matters that first needed to be addressed, including the applicants, Sheila Mizera and Diana Spencer, having not properly served the Minister of Justice and Solicitor General true copies of the Originating Application and supporting Affidavits, as required by legislation in applications for judicial review.

 The judge ordered the applicants to serve the Minister by January 5, 2018 and that the matter return to Red Deer Court of Queen’s Bench on January 15, 2018 to schedule a Special Chambers Application on a further date, and on that further date the following preliminary matters will be considered:

  1. Do the Applicants have standing to seek judicial review of the election process, given the Applicants are not challenging the election results?
  2. Whether the issue (the election process) is moot given the Applicants are not challenging the election results?
  3. If the issue is moot, should the application be heard in any event?
  4. Should the Court grant an Order allowing inspection of the ballot boxes held by the Respondents to view the Form 8 – Elector Declarations, given the Applicants are not challenging the election results? 

 Clearwater County and the Town of Rocky Mountain House have retained the law firm of Brownlee LLP to represent both municipalities concurrently.

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