By Ryan McGreal
Published April 19, 2011
Karen Burson, the would-be Green Party candidate for Hamilton Centre, has not given up hope that her candidacy can be registered before the May 2, 2011 federal election.
Burson's nomination was rejected by Returning Officer James Winn, but her campaign is strill trying to get Burson's name on the ballot.
"In spite of everything that I've heard about it being impossible," Burson said, "I can't help hoping that the Returning Officer's decision can still be reversed in time for the election on May 2."
According to Norman Kearney, Burson's campaign manger, the team filed a complaint with Elections Canada on April 11, but it was rejected on April 16 by the Deputy Chief Electoral Officer because the nominations deadline had already passed. Elections Canada said they would consider the matter during its post-election review.
The campaign has requested that their complaint be referred immediately to the Commissioner of Canada Elections to request a judicial injunction to confirm Burson's candidacy.
Kearney cites Section 516 of the Canada Elections Act, which states that the Commissioner must ask the court for an injunction "if there are reasonable grounds to believe that a person has committed, is about to commit or is likely to commit an act or omission that is contrary to this Act, and that the nature and seriousness of the act or omission, the need to ensure fairness of the electoral process and the public interest justify the issuing of an injunction".
Kearney said, "We are not satisfied that a post-election review will be sufficient to ensure fairness of the electoral process."
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