Whitehorse Daily Star

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PROCEEDINGS NOT OVER – Pauline Frost, the Liberal candidate in Vuntut Gwitchin in the April 12 election, speaks Monday afternoon outside the Andrew Philipsen Law Centre, after losing the names draw to the NDP’s Annie Blake.

Frost challenges two voters’ eligibility

Defeated Liberal party candidate Pauline Frost is asking the Supreme Court of Yukon to declare the April 12 election in the Vuntut Gwitchin riding as invalid.

By Chuck Tobin on April 23, 2021

Defeated Liberal party candidate Pauline Frost is asking the Supreme Court of Yukon to declare the April 12 election in the Vuntut Gwitchin riding as invalid.

In documents filed with the court Thursday, Frost contends votes were cast by two individuals who were not eligible to vote.

The vote in Old Crow resulted in a tie between Frost and NDP candidate Annie Blake, with both receiving 78 votes.

Blake was sworn into office on Tuesday.

After a judicial recount on Monday confirmed the tie, the victory was determined by drawing names from a hat.

Blake’s name was drawn by Supreme Court Justice Suzanne Duncan.

Frost served as the MLA and a cabinet minister for one term after being first elected in November 2016.

The court documents filed by Frost say neither Christopher Schafer nor his daughter, Serena Schafer-Scheper, were eligible to vote because they did not meet the residency requirements.

Schafer has not lived in Old Crow for 25 years – though he voted by special ballot, the documents say.

Schafer-Scheper was a resident of Alberta from March 2020 to December 2020.

She did not live in the Yukon for the 12 months preceding the territorial election, though she voted in the advance poll, the documents say.

“Had one or both Christopher Schafer or Serena Schafer-Scheper not been permitted to vote in the election, the result of the election would have been materially different,” the court documents state.

When Frost learned Schafer’s name was on the list of eligible voters for the riding of Vuntut Gwitchin, the documents say, she notified her Liberal party of the fact.

The party had its lawyer contact chief electoral officer Max Harvey on April 9, three days before the election.

The party requested the electoral officer investigate the matter and separate out and not count Schafer’s ballot until the matter was sorted out.

The documents say the chief electoral officer indicated on the day after the election that Schafer’s ballot had not been separated out and had been counted.

The electoral officer did not respond to a request for an investigation, the documents say.

Frost is asking the court to declare the election in Vuntut Gwitchin as invalid, and that the seat representing the riding in the legislature remains vacant.

There’s been no court date set to hear the matter.

NDP spokesman François Picard said in a statement late this morning the party is disappointed that Frost and her party can’t accept that she lost the election and are trying to overturn a fair and democratic process.

“Annie is already getting to work for the people of Old Crow,” he said.

“It’s time to move forward and bring people together, and that’s what Annie is committed to do.”

The election resulted in eight seats won by the Liberal party, eight won by the Yukon Party and three won by the NDP, including Vuntut Gwitchin.

Premier Sandy Silver has notified Commissioner Angélique Bernard he is prepared to govern with a minority regime.

The Liberals were elected in 2016 with a majority, ending 14 consecutive years of a Yukon Party government.

The riding’s results were also challenged after the September 1996 election, which saw a 69-69 tie between the NDP’s Robert Bruce and the Yukon Party’s Esau Schafer.

After Bruce became the victor in the subsequent draw of names, the election in that riding was successfully challenged in the courts.

Bruce comfortably prevailed in a 1997 byelection.

See editorial.

Comments (53)

Up 7 Down 1

JSM on Apr 29, 2021 at 4:28 pm

@moe, seems like a lot of hypocrisy being spouted! These Politicians wanting handouts for themselves for personal gain (ie early Covid Shots) but not actually living in the riding they represent does not sit right with me. As for your message at the end, I do not mind at all. If at the end of the day all that belly aching makes you feel accomplished I am happy for you more than anything. Civil Liberties and freedom of speech are very important. And unlike @thehammer who would rather have voices silenced I welcome all opinions. Thanks for sharing.

Up 10 Down 4

Dentist 47 on Apr 28, 2021 at 10:24 pm

Did Pauline vote in the Old Crow riding? She doesn’t live there, except when it’s convenient, like for the Covid shots, so she should vote in the riding where she lives. Perhaps she did. I think her concerns are legitimate though. Also, she will miss out on the pension if she doesn’t win. Some below mentioned you had to serve for six years before you get the pension. I thought it was five. My MLA said that you could collect when you are fifty five.

Up 7 Down 2

moe on Apr 28, 2021 at 8:46 pm

JSM - It's you who is boo-hooing about supposed 'attemped character assassination against myself' (waaahhh!); and cry babying about Pauline having the gall to ask that election laws be followed.

By the way, Sniffles, I wish the Liberals didn't even win. So much for me being a big fan of the "Lieberal Party". Get a grip. I still know right and wrong.

The two who seemed to have voted illegally may not have even known or may have had a reason, and who knows? Maybe they were in fact eligible. But the issue is going to court as it should be. I hope the other woman wins, and not Pauline. Give someone else a kick at the can.

Quit being a partisan hack and force yourself to support right over wrong, even though it might not fall in a way to benefit your team.
"Hypocrisy" has zero to do with this. I get your connection - that she doesn't live there but she's running there, so they should be able to not live there and vote there, but you are legally and technically WRONG. Your argument has no veracity. So grow up and admit it and move on.

Otherwise I suppose we should all expect the Liberals or NDP to sign up a bunch of voters from another riding to vote in Scott Kents riding next time. Have them vote there illegally, and then call Scott a 'hypocrite' if he asks Elections Yukon to intervene. Right? Get it now?
Sorry to be harsh, but come on. You don't mind dishing it out so I hope you aren't too whiney to take it when it's coming at you, too.

Up 6 Down 5

TheHammer on Apr 28, 2021 at 6:53 pm

JSM@ You might want to take spelling lessons. Try to convince people you are not bent. Your comments are turning the Whitehorse Star into a tabloid press, and the Fox News of the North. Your right wing fanatical opinions read like the Vampire Chronicles.

Up 6 Down 8

Curly on Apr 28, 2021 at 6:22 pm

Moe. We are all aware of the election rules.

The issue is that someone not living in a riding cannot fully fathom the issues there. I personally would never vote for a non resident which is why I don’t support Yvonne Clarke in PC centre. She doesn’t live here AND she has no relevant experience. Additionally she sits in opposition. PC centre would be better represented by a tree stump to be honest.

Up 7 Down 2

Hushhush on Apr 28, 2021 at 6:06 pm

Mountainview liberal has never lived in her riding either.

Up 10 Down 16

JSM on Apr 28, 2021 at 3:15 pm

@moe, I never said that she broke laws, all I am stating is that it is very very hypocritical of her. But typical Lieberal supports have to mix there feelings with facts. It is sad that you have to resort to an attempted character assassination of myself just because your feelings are hurt by the truth. It is clear the people of Old Crow deserve and want better than the Lieberal failures they have had. And Annie Blake could lead them just fine.

Up 18 Down 13

moe on Apr 27, 2021 at 6:28 pm

JSM - Scott Kent doesn't live in his riding either. There might be others as well. What the H is your point?

Candidates are allowed by Elections Yukon to run in ridings where they don't live. They are not allowed to vote in ridings where they don't live though. This is about two people who broke the Elections Yukon rules, and therefore election laws. Their votes aren't valid, and unfortunately their votes may have decided the election, so it has to be dealt with.

Smarten up and get the facts before you act like it's such a big deal that Pauline doesn't live in OC. The issue is election rules, and she hasn't broken any.

Up 36 Down 20

JSM on Apr 27, 2021 at 2:27 pm

@thehammer, Pauline Frost is well known to not even live in the riding she represents. What ground does she have to stand on about the voter whereabouts when she is not even around? Seems like a healthy double standard. Bowing out gracefully is a rare skill, something the Lieberal cry babies don't know how to do.

Up 12 Down 31

My thoughts. on Apr 27, 2021 at 12:26 pm

Firstly, I'm going to start by saying that I do not personally know Pauline Frost.
I would like to remind everyone that everyone is VOTED IN to the riding and it does not mean that they have any knowledge of the business of the portfolio they are placed on. They rely on the people supporting them to give them the correct facts--they are just the figure head. Blaming Pauline personally is not the way to go.

As far as this article, do you honestly think it's Pauline who is doing this? No! It's her party that is pushing this because they want more seats. I'm sure she'd happily walk away and not be bashed on social media for things beyond her control.
It was the Liberals as a whole who failed us in the last reign, not any particular ELECTED official.

Up 22 Down 28

TheHammer on Apr 27, 2021 at 11:35 am

JSM@ "Am I surprised that Pauline Frost would not take her loss gracefully." Two people broke the election rules, and that's OK with you, the right wing authoritarian our freedoms are being threatened commentator? So your idea of losing gracefully is to give in to cheats and take it lying down! Bizarre!

Up 3 Down 2

Sal on Apr 27, 2021 at 12:53 am

Mahsi cho yukon max! I'd rather take a bullet, than the rounds going on in the yukon.

Up 33 Down 5

the problem is elections Yukon on Apr 26, 2021 at 10:47 pm

When I got my voter card in the mail it was set for my mailing address not where I live. My mailbox is in Whitehorse but I live out of town. When I tried to fix online the webpage rejected the address. It also said I needed 2 pieces of ID to match the address. Nothing is in my name where I rent. It was easier to just vote in Whitehorse than wade through that mess. The system is broke. Is that what happened to those 2 voters? Did Elections Yukon place them there?

Up 30 Down 8

Olav on Apr 26, 2021 at 10:17 pm

@Jim
If it is decided that there is a need to have a re-vote in Old Crow could
The Yukon Party “put a dog in the fight”?
I see no reason that they couldn't.

Game on!

Up 16 Down 5

Joe on Apr 26, 2021 at 5:48 pm

@captain obviously moystyn....it’s not about having a spine it’s about lacking integrity.

Up 69 Down 3

YukonMax on Apr 26, 2021 at 7:42 am

Wow! Yukon politics...
All about titles, influence, conflicts, who knows who, money, personal agendas, backroom deals, pension chasers, on and on...
Very, but very few are there for the right reasons.
I actually do not know any.

Up 38 Down 12

Jim on Apr 25, 2021 at 5:59 pm

@spring fever, not sure why you would be all pumped up about Yukon party trolls. You do realize the Yukon Party has no dog in the fight. No matter what the outcome, we are still in a minority situation. One would think trying to take away a NDP seat, might hurt the chances of the coalition for Silver remaining premier. But then again politicians are known for prostituting themselves for power. Kate may throw her candidate under the bus for political favours from Silver.

Up 22 Down 6

NeilAlexGeddy on Apr 25, 2021 at 4:34 pm

@Questioned BEFORE election day!
"I don't understand the commenters who are saying she wouldn't have contested the results if she'd won. The article clearly says concerns were raised on April 9. I don't care who won either way, but I am interested in seeing the results of this."

Do you think people might have a tendency to vote on family lines in any of these ridings?

Up 94 Down 9

Groucho d'North on Apr 25, 2021 at 9:37 am

Ms. Frost is not only trying to keep her job as an MLA, she's also needing this win for a nice pension too. 6 years must be served to qualify for a political pension in the Yukon.

Up 54 Down 9

Yukoner1 on Apr 24, 2021 at 8:41 pm

"I don't understand the commenters who are saying she wouldn't have contested the results if she'd won"
She wouldn't have launched a lawsuit, had she won. Duh.

Up 79 Down 15

drum on Apr 24, 2021 at 6:33 pm

Pauline Frost - when has she last lived in Old Crow? I know for a fact that she was working in Whitehorse in 2003!!!!!!!

Up 50 Down 10

Adam Smith on Apr 24, 2021 at 3:42 pm

Let the courts do their job. This is issue about democratic process.

Up 57 Down 11

Olav on Apr 24, 2021 at 1:41 pm

Ok - the challenge is upheld.

A re-vote is held in Old Crow.
Can the Yukon Part now run a candidate? They did not in round one.
If so - A win by the Yukon Party in Old Crow would upset the apple cart!

Interesting times ahead.

Up 57 Down 15

Questioned BEFORE election day! on Apr 24, 2021 at 11:05 am

I don't understand the commenters who are saying she wouldn't have contested the results if she'd won. The article clearly says concerns were raised on April 9. I don't care who won either way, but I am interested in seeing the results of this.

Up 42 Down 63

Spring Fever on Apr 24, 2021 at 10:32 am

Holy smokes, the con trolls were up late last night, making their usual comments, none based in fact, then of course voting multiple times. Did you not read the article? The concern was raised before the election and was not addressed. It is fair game to contest, just following the rules, we all know the cons are the law and order party, right?

Up 50 Down 5

Farthest from the tree... on Apr 24, 2021 at 10:20 am

Dear Matt - How do we know how she voted? We do not. However, it is likely that the two voters would vote along family lines - Nepotism. The split along family lines is well known in remote Northern communities.

Everyone in the community would know this.

Up 63 Down 37

Jess on Apr 24, 2021 at 4:04 am

Why did Pauline Frost raise these concerns about these two voters after the election or before the draw? I will tell you why if they she had won this would be a non issue. Pauline Frost only acts when it benefits Pauline Frost. This is yet another example of how she acts in her own interests not in the public interest.
I will laugh so hard if these two voters voted for her and she loses the election. Now that would be poetic justice. She is and always has been a self serving disgrace and now she is going to hold up the forming of the government. Your tax dollars hard at work - for Pauline Frost and the Liberals.

Up 63 Down 33

jack on Apr 23, 2021 at 11:12 pm

Boo-hoooo....you've lost, now learn how to lose with grace.

Up 54 Down 36

Jeff Donaldson on Apr 23, 2021 at 10:42 pm

Bah hahaha....
I must be living in the Bizarro World....
Give it a rest for a God Sakes. The Lieberals just don’t know when to stop. You LOST!
The young lady has been sworn in to the Ledge.
Get OVER it!

Up 53 Down 14

Pikachu on Apr 23, 2021 at 9:27 pm

"NDP spokesman François Picard said in a statement late this morning the party is disappointed that Frost and her party can’t accept that she lost the election and are trying to overturn a fair and democratic process."

Wow. So the NDP seem perfectly content with a non-resident casting a vote in a place he doesn't reside. That says a lot about about Kate White and her party.

And Matt, you asked how would we know who they voted for. Well in short, you can never know for sure. BUT most parties track who their supporters and voters are, especially those casting special ballots from out of town. If this was one of Pauline's supporters, why did she try to have the vote not counted when they saw it come in? If you were trying to discount one of your own votes, well, you just wouldn't.

And this guy who hasn't been in the community for 20 years would probably not just have taken it upon himself now to cast a vote in that community. You can be sure that a candidate would have reached out to this "man" . Be careful of the friends you keep NDP, as this could reflect very badly on you. You guys were already using a very explosive, sketchy guy in your downtown campaign.

Up 34 Down 56

bonanzajoe on Apr 23, 2021 at 7:21 pm

So, how does it feel Pauline? Your sister Democratic party in the U.S. did the same things during their 2020 Presidential elections which allowed them to steal the election and put in a demented old fool for Pres. Hurts doesn't it?

Up 70 Down 11

Yukoner on Apr 23, 2021 at 7:01 pm

I am no fan of Pauline Frost. Trust me. However the political rhetoric being spewed in these comments negate the fact that voting rules MAY have been broken. It needs to be resolved without all the political put downs.

Up 37 Down 33

Matthew on Apr 23, 2021 at 6:55 pm

So... remember how much flack Trump got for claiming the same thing!? Or doesn't liberal logic apply to actual liberals.?

Up 55 Down 28

Matthew on Apr 23, 2021 at 6:53 pm

Sorry Frost, you've failed during your time. You just upset your gravy train has ended?

Up 35 Down 10

Woodcutter on Apr 23, 2021 at 6:42 pm

Interesting to see that folks are more concerned with the acceptance of loss and not the integrity of an election. How quickly the tune changes from the rights side of the choir, considering the same type of deplorables sing a much different tune when they lose (again). I recall the "count every legally cast ballot " was the rythmn of flavor just a few months ago, now it's suck it up butter cup.
I smell potential criminal charges.

Up 69 Down 14

iBrian on Apr 23, 2021 at 6:29 pm

From what I understand. She hasn’t lived in Old Crow for 7-8 years.

Up 58 Down 22

Cameron on Apr 23, 2021 at 5:42 pm

Of course Pauline Frost is contesting the results they were not in her favour. If she had won would she disclose this information ? I think not. She is concerned that the “gravy train” she has been on is over - how does it feel to be out of a job and no prospects for anything else? Sound familiar? That is what you did to people who blew the whistle on wrong doing. If you manage to overturn this you have no credibility and you are not wanted - deal with it your reign of incompetence is over. Bye.

Up 53 Down 7

Nathan Living on Apr 23, 2021 at 5:23 pm

Max Harvey needs to come clean on why he ignored the complaint which was very clear.
Pauline Frost's eligibility to vote needs to be clarified as will.
This complaint is not a sore loser complaining it's about the integrity of our Yukon election.

Up 67 Down 15

Lost In the Yukon on Apr 23, 2021 at 5:22 pm

Now isn't this a big friggin' surprise ... fun trivia question, "When was the last time Pauline Frosty actually lived in Old Crow?" Multiple choice ... a) 5 years ago, b)10 years ago, c)15 years ago or d)20 years ago?

Up 59 Down 19

Tough pill to swallow, eh? on Apr 23, 2021 at 5:05 pm

Time to go Pauline, you’ve had your days of inept fame. Lose graciously, and move on. Shame on you for your continued arrogance.

Up 145 Down 32

So says the kettle... on Apr 23, 2021 at 4:40 pm

So running in Old Crow while you enjoy your work-life balance in Copper Ridge is fine. But a VGFN citizen voting from Alberta isn’t? You’re all hypocrites. I’m glad none of you won. None of you deserve it.

Up 87 Down 17

Matt on Apr 23, 2021 at 4:38 pm

So how would we know how she voted?????

Up 114 Down 39

Wake Up! on Apr 23, 2021 at 4:32 pm

Ms Frost - don't you understand you did not get the votes? People voted for a change due to your lack of “doing the right job for citizens”, your demeanor, responses and your embarrassment in the Legislature. Get on with it and get over it. We all want this change....for the better!!!!

Up 120 Down 44

Juniper Jackson on Apr 23, 2021 at 4:15 pm

I called it!! Poor losers, bad sports. It's a petty move by an unpopular Minister. Pauline was left in office, even after several bad decisions.
Pauline got half the votes because I think she is probably related to everyone in Old Crow. Family support. But, at least half the people did not vote for her. It's a risk to go after another election. But, that's who she is.. that's who the Liberals are...hang on to their pseudo dictatorship at any cost.

Up 136 Down 27

John on Apr 23, 2021 at 3:39 pm

If Frost had won I'm sure they wouldn't be bringing any of this up.

Up 122 Down 18

Pokemeinthearm on Apr 23, 2021 at 3:33 pm

"The electoral officer did not respond to a request for an investigation, the documents say."

Sounds like the Liberals getting a bit of a taste of their own medicine. How does it feel to not be listened to and not have your concerns addressed, Pauline? The department for which you held ministerial files for nearly 5 years did similar things over and over and over to Yukoners. It's no wonder your Liberal party got absolutely trounced in the popular vote and it's no wonder why you didn't take your riding in a decisive victory. You lost more votes for your party than just the ones you didn't shore up in Old Crow.

At the end of the day, if what is being stated is indeed fact, then there certainly should be a byelection. Just don't forget that the two potential corrupt votes in question could have been for either party, so instead of a tie, you might just lose by two votes.

Up 24 Down 58

What just happened there... on Apr 23, 2021 at 3:27 pm

WTF!?!? A Supreme Court Judge from the Judicial Branch of Government has selected the balance of power for the Executive Branch of the government - WTF!?!? The optics are stunning... When the arms length separation between the two branches of government is breached we have thrown democracy into the breach... Once again... Into the breach - Yukon Politics!

And you people thought Yukon Judges were soft on crime... Failing to breach...

Up 126 Down 10

Anie on Apr 23, 2021 at 3:17 pm

My first thought was similar to what the NDP said. But then I thought about it some more. Fair elections should be important to everyone, and the process must be transparent. Ms. Frost raised her concerns well before the election date. The simple solution is for the Chief electoral officer to explain why, after receiving a complaint, those two votes were not removed in advance of being opened. The only answer can be that Ms Frost's concerns were examined and found to be not factual. It should be simple for this to be resolved and it is nasty for the NDP to suggest it's just a sore loser. Political parties, even the NDP, should care about fair elections.

Up 113 Down 36

JSM on Apr 23, 2021 at 3:10 pm

Am I surprised that Pauline Frost would not take her loss gracefully? No, it is the lieberal way to go down screaming and crying instead of bowing out respectfully. After years in her H&SS position she has to keep trying.

Up 110 Down 39

Just saying on Apr 23, 2021 at 3:05 pm

I thought you went public saying you were a winner. If you cannot take a loss then you are just a loser. Democracy prevailed, face it.

Up 117 Down 41

john on Apr 23, 2021 at 2:53 pm

Leaves a bad taste in your mouth doesn't it ? You didn't win, let it go. If this is overturned your reputation will be shot.

Up 73 Down 107

CaptainObvious on Apr 23, 2021 at 2:52 pm

The Yukon deserves a fair and just election system and that means irregularities need to be addressed. Kudos to you, Pauline, for having the courage to do the right thing. Disregard the criticism from your political opponents. They would do the same thing if they had a spine.

Up 80 Down 23

Olav on Apr 23, 2021 at 2:48 pm

Maybe just declare the whole election invalid.

Might as well have a Territorial election.
One way or the other we will be back at the polls in less than 6 months.

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