Pathetic,' Rhino says of court rejection
The Rhino charge to halt the election in the Yukon was shot dead Wednesday.
The Rhino charge to halt the election in the Yukon was shot dead Wednesday.
As wannabe Rhino candidate Big Ben Mahony sat in the courtroom in a long, silver dress, another man in a gown, Yukon Supreme Court Justice Leigh Gower, said he would not shut down the election and start a new one to permit Mahony's name to go on the ballot.
Mahony and his campaign manager, Brian Godzilla Salmi (legally named Sa Tan), had requested the court stop the election. They had aruged the potential candidate's rights under the Canadian Charter of Rights and Freedoms were violated when he wasn't allowed to run.
Mahony's application to enter the federal election in the Yukon was rejected because he was unable to find a certified accountant to be his auditor.
Salmi argued in court yesterday through a written submission that it's unconstitutional for someone to be prevented from being a candidate because they were unable to find an accountant.
They are challenging the Elections Act but that will take some time. In the interim, Mahony and Salmi wanted to stop the election and have another one held shortly after with Mahony on the ballot.
The duo also wanted Elections Canada to appoint an auditor for Mahony since the election would take place before the law could be changed, if they ended up winning the challenge.
One of the lawyers representing the Attorney General of Canada, Suzanne Duncan, argued in court that stopping the election would mean the Yukon would be without an MP for months until the charter challenge was complete, despite the fact Mahony was asking for a new election right away.
She added that if Mahony lost his constitutional challenge, then the election would have been stopped for no reason.
Duncan argued it would be better for the public if the status quo was maintained.
In response, Salmi said the status quo is that everyone has the right to run. He argued stopping the election would actually be maintaining the status quo.
After adjourning for two hours, Gower came back and, without any reasons, promptly rejected the Rhinos' request.
Upon hearing the rejection, Mahony slapped the clear, plastic cup in his hand down on the table and loudly said: 'Pathetic.'
He and Salmi then picked up their bags and left the courtroom while Gower was still delivering his decision.
After the pair were out of the courtroom, Gower put it on the record that the pair 'quite rudely walked out on me as I was pronouncing my order.'
Gower said Mahony does not have to pay for costs since the Supreme Court has already found Mahony to be poor.
Gower also told the court he would have his reasons for the decision written and available as close to 9 a.m. today as possible.
But by noon today, no reasons were given.
Without reasons, the livid Rhinos cannot appeal the decision.
'They're trying to tie us up in procedural obstacles,' an indignant Mahony said this afternoon.
Salmi wondered if Gower will sit on the reasons until Monday voting day so the pair cannot appeal the ruling.
-With files from Sarah Elizabeth Brown.
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