Photo by Whitehorse Star
Pauline Frost
Photo by Whitehorse Star
Pauline Frost
Talking about adding insult to injury.
Talking about adding insult to injury.
Pauline Frost, the former Liberal MLA for Vuntut Gwitchin and a minister with multiple portfolios, has been ordered to pay court costs for her challenge of the April election result in the riding.
Frost has been ordered to pay more than $8,000 after a judge sided with her successor in an effort to have the election result overturned.
Frost challenged the tie of 78 votes each in Vuntut Gwitchin in Yukon Supreme Court.
She did so days after the drawing of lots determined the winner was her NDP opponent, Annie Blake, who now sits in the legislature.
Blake had asked for $42,840 in costs related to Frost’s legal petition.
That money was to be repaid to the Yukon NDP.
It was the second time a vote in the riding has led to a tie result. The first, which took place in the 1990s, was also settled by a drawing of lots after a legal challenge.
Frost had been the incumbent after her 2016 election victory.
She had alleged that Christopher Schafer, who was in jail in Whitehorse and who voted in Vuntut Gwitchin, wasn’t eligible because he didn’t meet the residency requirement.
Initially, a woman was involved in a separate but similar question. That part of the appeal was dropped.
Yukon Supreme Court Chief Justice Suzanne Duncan ruled election officials had acted in accordance with the Elections Act, applying the correct guidelines to the prisoner’s residency.
“This court held that Christopher Schafer was properly found to be a resident of Old Crow by the returning officer for the purpose of the act,” her decision says.
“The actions of the elections officials in determining his ability to vote and allowing him to vote did not amount to breaches of procedures in the act designed to establish his entitlement to vote.”
“Even if Frost v Blake, 2021 YKSC 62 Page 4 they did, the actions were taken in good faith and did not materially affect the result of the election,” the judge concluded.
“The chief electoral officer’s response to counsel for the Yukon Liberal Party was legally appropriate. The policy guidelines applicable to inmates’residency were found to be consistent with the act and appropriate,” Duncan wrote.
She wrote that she based the final amount of $7,500 plus the five-per-cent GST on “reasonableness.’’
She also added the $395 cost of a flight from Whitehorse to Old Crow.
The court heard that Frost did not have a regular income of her own and that the Liberal party did not fund the challenge, so any costs will be Frost’s responsibility, Duncan wrote in her ruling.
– With files from The Canadian Press
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Comments (23)
Up 6 Down 2
SH on Dec 15, 2021 at 3:44 pm
Yukong, by that logic we should - on a federal level - be including the Yukon with one of the BC ridings.
Bad idea.
Up 31 Down 12
Yukong on Dec 14, 2021 at 7:51 am
What we really need is to include Old Crow in another riding. There are less than 200 people voting there.
Up 7 Down 1
CJ2 on Dec 13, 2021 at 6:23 pm
@Roy, Probably a lot of people weren't aware of the rule for deciding a tie. I think it says somewhere the last time was in the 1990s. It is something that should have been addressed in one of the go-rounds with the elections act. But Canadians have such a weird attitude about "the cost of running an election" they probably gave it a pass, because it saves the cost of a run-off. Our contrived contempt for elections will cost us some day.
Up 19 Down 0
Dan Davidson on Dec 13, 2021 at 4:28 pm
I see that the article says that it was Frost's individual decision, not backed by the Party, to take the case to court. In that case, I guess she'll have to pay as the court has decreed. I suppose the Party didn't want to mess up the deal it was already negotiating with the NDP. With or without the Old Crow seat, they were going to need that to hold power.
Up 14 Down 7
Roy on Dec 13, 2021 at 4:02 pm
@Dan
I’m suspicious the Liberals were hoping Frost wouldn’t win. They get the vote either way - but they get to cut loose a member who didn’t do much. And they didn’t have to do the firing so they’re blameless.
Up 22 Down 12
Dan Davidson on Dec 13, 2021 at 3:09 pm
The Liberal Party should pick up the tab - the Party, not the government. It would have been to their advantage had she won the suit.
Up 24 Down 9
Does it count? on Dec 13, 2021 at 2:37 pm
Now what if the vote in question was for her? Then she would have lost, fair and square, if that 1 vote was vetoed.
Pay up and time to move on from this whole thing.
Up 32 Down 5
Roy on Dec 13, 2021 at 11:34 am
@wrong
Nope. “Wrong again” should be your name. I have no connection to anyone in this case. Nor have I read the court documents (nothing I posted suggested I did).
All I said was that her lawyer was paid to make the best arguments (better than yours) and they still lost. Some of you armchair lawyers feel like you can make winning arguments on here but they fall flat.
A lot of you can’t even keep your arguments straight - flip flopping from “it was a name from a hat!” to “he was banned from his community!” - c’mon those are two separate issues.
The name from the hat is the rule - it’s not something specific to just this case. Don’t like the rule? Change it before the game - not after you lose. That’s the definition of a poor loser.
As for the legitimacy of one of the voters that is less clear - which I can understand why Frost felt she might have a case. But having a case doesn’t mean you are justified - only that it needs to be argued and examined. And it was. And she lost. And as a result she has to pay.
A lot of snowflakes on here can’t take the loss. So much so that your brains can’t handle it and you revert to “well this is impossible that someone could feel this is justice served. You must therefore be friends with the winning party. That’s the only explanation possible - it can’t be that I’m wrong!”
*And Frost knew going in that this was her case - not the Liberal party’s case - so any costs were going to be hers - not theirs. She knew going in and took the risk. Actions have consequences.*
Up 9 Down 20
Smh on Dec 13, 2021 at 8:21 am
What a bizarre way to break a tie. I know some of you love Yukon oddities, but this one is too high stakes to be considered cute. I can’t believe the judge’s decision on this (objectively; I have no love for Frost). The criminal clearly hadn’t lived there in many years and he wasn’t in jail that whole time or he wouldn’t be at the Whitehorse center.
I’m also not sure why it was Frost v. Blake. Frost was challenging the system. $43k spent on legal expenses from Blake is exorbitant in this case. That should absolutely be looked into if Frost is ordered to pay.
Here’s an idea to pay those fees (taken from the NDP playbook): make the rich pay for it.
Up 12 Down 10
Wrong on Dec 12, 2021 at 10:25 pm
@Roy - Apparently you didn't fully read my previous comment. I acknowledge that he was in jail at the time of the election. But he was not in jail for the past 20 years, he was in Whitehorse and outside of jail most of that time because he had been banned from his community of Old Crow for sexual crimes. So both of my examples stand up quite well thank you very much.
Also, it's rather weird that you bring up arguments by Pauline and her lawyer in court. Why would you go through all of those boring court documents unless you were connected to the case. Something tells me you are connected to Annie Blake politically or perhaps by family. And it is fine if you are, I'm just pointing out what seems odd.
Up 38 Down 13
Roy on Dec 11, 2021 at 9:41 pm
@wrong
He didn’t live in Whitehorse. He was incarcerated there - because that’s where the jail is.
You should know that is very, very different then someone moving from Dawson to Whitehorse.
The judge heard all the poor arguments Pauline made and you are now echoing. Nope. Nice try. Pay up.
Your Ontario example is also irrelevant.
Even her lawyer, who is paid to come up with the best reasons why, couldn’t do it.
If I were you I wouldn’t bother continuing to try.
Up 22 Down 44
CJ2 on Dec 11, 2021 at 8:16 pm
Why aren't the Liberals paying for this? She had the right to question the results, and this just discourages people from doing that in the future. And where was Annie Blake coming from, asking her to pay costs of nearly $43,000? Talk about entitled. Whose plane ticket is she paying for, the judge's?
The vote was a travesty, with the result pulled out of a hat, naming a voter in a lawsuit, which seemed strange, and now this. I want to think the hat thing is Yukon-cute, but there is nothing cute about being saddled with the costs of asking the court to settle an election question. The Liberals need to come through for her, at least.
Up 29 Down 9
Ollie on Dec 11, 2021 at 2:59 pm
For general info: In two states felons are allowed to vote, in 48 other states they are not allowed to vote while incarcerated but can regain the right to vote once their sentence is served.
I guess it's a different flavor of democracy.
Up 30 Down 18
Wrong on Dec 11, 2021 at 12:08 pm
Roy it wasn't just singling out someone for being in jail. They were in jail at the particular time of the election, but they had not lived in Old Crow for about 20 years and were in fact banned from the community. I have a cousin who moved to Whitehorse from Dawson 15 years ago, should he be able to cast a vote in Dawson now? Can anyone who once lived in any community many years a ago decide to vote there in any future election? Maybe in a federal election, someone who moved from Ontario 20 years ago can decide to cast a vote there in the next election?
Up 14 Down 74
Denis on Dec 11, 2021 at 10:33 am
How in the world could anyone without a job/income be expected to pay?? Ms Frost - don't pay this right away. Wait until someone shows up with a warrant then arrange payments. Consider paying $25.00 per month. Give the Courthouse post dated cheques.
Up 51 Down 14
iBrian on Dec 11, 2021 at 4:23 am
Yup, and that’s how it should be.
Up 34 Down 47
Really? on Dec 11, 2021 at 2:39 am
Wow, so now we let criminals who have been sitting in the tank for 20 years and pretend to be residents vote! Wow! He has not been a resident there in 20 years. If anything, he should have voted in Whitehorse, as that's where his sorry criminal carcass has sat. Liberals should help Pauline pay for this --it's bs!
Furthermore, aren't we all happy to have an NDP in the office? Rent freezes, no evictions, no handling of Hidden Valley scandal...the NDP is a farce and a fringe party. You can be sure that you will be voted out in the next election, Emily and Annie. Not sure about Kate. But after all of the damage her small party is doing it might just be time for somebody else to head this party and get her out. I hate the conservatives but this liberal government and the NDP are making it a choice for me unfortunately.
Come on, somebody with sense and fortitude make it all stop.
Up 87 Down 13
bonanzajoe on Dec 10, 2021 at 7:54 pm
So, who does she expect to pay her court costs, the taxpayers? She went to court, she lost, she pays.
Up 47 Down 22
Joe on Dec 10, 2021 at 7:24 pm
Talk about liberal hypocrisy, throw out the garbage and you're on your own. What a shame, yukon politics are a mess, something has to change.
Up 73 Down 20
Dallas Schaber on Dec 10, 2021 at 5:49 pm
Well…… can’t say I’m sorry to hear Pauline has to pay up, karma I guess for being so damn hard to get a hold of when she was someone special. Now she is just a common lay person like the rest of us, just like Patty Duncan was when she run the territory into the hole, she got all uppity and treated Yukoners like s**t and she lost her job - but hey look on the bright side Pauline, maybe your liberal friends will make you a senator.
Up 76 Down 20
Roy on Dec 10, 2021 at 5:24 pm
Sore loser becomes poor loser.
Life isn't always fair - and actions have consequences - something a lot of Yukoners struggle to accept.
Singling out a neighbour for being in jail in order to try and overturn a lost election was a low blow - sometimes karma shows up and makes things right.
Up 77 Down 19
Juniper Jackson on Dec 10, 2021 at 4:19 pm
I am sure glad I did not have to foot the bill for this entitled person to challenge a vote.
Up 79 Down 15
Groucho d'North on Dec 10, 2021 at 4:11 pm
From time to time there really is justice resulting from the courts.