Lawyer says federal Conservatives broke own rules

Lawyer says federal Conservatives broke own rules to acclaim Calgary MP
2007-02-1

CALGARY (CP) - The federal Conservative party did everything it could - including breaking many of its own rules - to protect Calgary MP Rob Anders from a contested nomination, a lawyer argued at a judicial review Thursday.

Bob Hawkes, who represents nearly a dozen disgruntled party members, said the acclamation of Anders in the Calgary West riding was unfair for a host of different reasons. "Every single decision that I can think of that the party made favoured the incumbent - without exception," Hawkes told Alberta Court of Queen's Bench Justice Jed Hawco.

That included not allowing a full 30 days for the nomination process, starting on the Friday before a long weekend, not letting all party members know the nomination was ongoing and not trying to look for other candidates.

Hawkes said the party breached every one of its rules designed to attract good candidates.

Thursday's hearing was the first of two days for two court-ordered judicial reviews designed to examine both the decision to acclaim Anders and the party's internal arbitration procedure, which supported the acclamation.

On Friday, Conservative party lawyer Gerry Chipeur is expected to argue that the court has no jurisdiction over internal party proceedings and arbitration decisions.

The 11 disgruntled Tories have been fighting their own party over the unchallenged nomination since last summer.

They are hoping the court will overturn the acclamation and trigger a new nomination process.

Anders has won the Calgary seat four times in a row - each with large majorities - but his time in office has been dogged by controversy.

He once made headlines by dismissing former South African president Nelson Mandela as a terrorist and a communist.

Last fall, Anders settled a lawsuit with his former office manager who alleged the politician borrowed thousands of dollars from him for expenses the House of Commons would not cover.

James Istvanffy claimed Anders paid him back with salary increases, false travel expenses and furniture paid for by taxpayers.

In the last two elections, Anders withstood an online campaign to dump him by some voters unhappy with his opposition to same-sex marriage and other issues.

Hawkes told court that the expedited process last August left only four business days in which candidates could fill out a lengthy application and sign up new memberships.

"That's a problem for the challenger and gives a huge advantage to the incumbent," he said.

Businessman Walter Wakula was the only challenger to attempt to take Anders on, but the party disqualified Wakula's application and later rejected his appeal without explanation.

On Thursday, Wakula said he would run again if a new nomination process is ordered.

"If the court decides to reopen the nomination contest with an unbiased nominating committee, I'm there."