Want to be a delegate at the upcoming federal Liberal convention? Well, not only are you allowed to run as a candidate in more than one riding. It turns out you can declare your support different leadership hopefuls in each of those ridings. This, according to an advisory issued earlier this month. But now representatives from six of the ten leadership campaigns are asking the party to reverse that policy. In a letter sent to the Liberal's national returning officer Remi Bujold, they wrote "if the preliminary direction of the Regional Returning Officer for British Columbia (Kim Haakstad) is allowed to stand, potentially ridiculous consequences could - and almost certainly would - result. Campaigns could run the same delegates in every association in the province, choosing the candidate to declare for based on their regional support. Ultimately, the democratic process of selecting delegates for the leadership convention could be seriously disrupted by this decision." The following is a complete copy of that letter and Ms. Haakstad's earlier advisory, which was based on information received via a conference call with Mr. Bujold.

From: Kim Haakstad
Sent: September 5, 2006 2:22 PM
Subject: IMPORTANT information

Hello all,

Meeting with Leadership Representatives

There will be a meeting for all leadership representatives at 12:00pm on this Friday, September 8, 2006 at LPCBC HQ - Suite 460 - 580 Hornby St.

If you cannot make it, please send a designate as important information will be covered regarding the Delegate Election Process.

Extra Help at the Party Office

I am pleased that LPCBC has agreed to bring on a contractor to help us prepare for the Delegate Election Meetings. Michele Cadario will be helping coordinate operations and logistics. We are pleased to have someone with Michele’s level of experience helping out. Michele started today and has signed a declaration of Neutrality. LPCBC will be circulating Michele’s email address and she is more than willing to answer any questions you have. All questions can still be directed through Mark.

Questions and Answers

I have a few more questions that have been posed to me and I want to share the answers with everyone.

Below are two questions posed to the National Returning Officer with the answers. These were provided to me verbally.

Question 1 Substitutions - Given that you can run in any riding in B.C., can you also be substituted anywhere?

For example, Joe Smith runs as a Fry male youth candidate in Prince George-Peace River. He is not elected. But there is a Fry male youth space in Kootenay-Columbia where the elected male youth delegate cannot go to convention. Can he fill the slot?

Answer - NO. According to the rules of procedure, the BC constitution applies to the Delegate Election Meetings but only the rules of procedure apply to substitutions (section 7.1 specifically points to the PTA constitution and section 13 does not).

Section 13 is clear :

[EXCERPT ]"...then the Under-represented Leadership Contestant may appoint as a delegate for up to two if each such vacancies any person who is a member in good standing of the same body for which the delegates are being elected(emphasis added)...

Question 2 Declaration of support - There is nothing in the Rules that seems to prohibit a member seeking election for more than one candidate. The Form 6 asks the member to make an "irrevocable declaration of support" for a candidate. Can a member seek election to support more than one candidate? Could a member seek election from Burnaby-Douglas as a Fry candidate and from Burnaby-New Westminster as a Bennett candidate?

Answer - YES. Strange as this may seem each form 6 submitted by an individual may show support for a different leadership candidate as long as they have chosen only one candidate per affiliated association. For example: Joe Smith can support Bennett in Burnaby-New Westminster and Fry in Burnaby-Douglas but cannot support both in the same riding.

The National Returning Officer will be issuing an interpretation bulletin on this matter and I will forward it to all of you as soon as I receive it.

Delegate Selection by PTA executives:

The following PTA executives have the ability to select delegates in BC

1.) The LPCBC Executive 4 spaces for exec members (President plus 3)and 10 delegate spots

2.) BC Women’s Liberal Commission - 2 spaces

3.) BC Senior’s Liberal Commission - 2 spaces

The process for selecting these delegates is not outlined by the Constitutions or the Rules of Procedure. We will provide the details for you as soon as they are available.

Aboriginals Peoples Commission:

The APC is handled by their Returning Officer, John Hill. John can be reached at john@johnhilllaw.com.

Thanks and I look forward to seeing you on Friday,

Kim

***

September 11, 2006

VIA EMAIL

The Honourable Remi Bujold, PC, CM
National Returning Officer
Liberal Party of Canada

81 Metcalfe Street, Suite 400
Ottawa, Ontario
K1P 6M8

Dear Mr. Bujold:

Re: Submission to the National Returning Officer on behalf of the Honourable Carolyn Bennett, PC, MP, the Honourable Ken Dryden, PC, MP, the Honourable Hedy Fry, PC, MP, Martha Hall-Findlay, Michael Ignatieff, MP, and the Honourable Bob Rae, PC, in respect of the preliminary direction of the Regional Returning Officer for the Province of British Columbia, dated September 7, 2006, relating to whether delegates can declare their support for different candidates in different affiliated associations.

Please accept this correspondence as a submission on behalf of all of the above named candidates for the leadership of the Liberal Party of Canada, in anticipation of an Interpretation Bulletin from the National Returning Officer in respect of the preliminary direction of the Regional Returning Officer for the Province of British Columbia to accept a "Form 6 - Notice of Intention to Stand as a Delegate" from the same individual in respect of more than one leadership candidate.

The above noted preliminary direction is dated September 7, 2006, and was received by the submitting parties by way of an email communication as of the same date, timestamped 2:05 PM (Pacific).

We make the following submissions:

The preliminary direction of the Regional Returning Officer for British Columbia to allow a delegate to declare their support for multiple candidates is contrary to the Rules of Procedure for the Election of Delegates.

Section 7.5 of the Rules of Procedure for the Election of Delegates provides as follows:

Not later than 5:00 p.m., local time, on Friday, September 15, 2006, a person seeking to be a delegate must have provided a complete, signed "Notice of Intention to Stand" in Form 6 to the Regional Returning Officer or to the Local Returning Officer or their designate or, in the case of a person seeking to be a delegate of the Aboriginal Peoples’ Commission from a province or territory, to the Commission Returning Officer or their designate. A Notice of Intention to Stand is not complete unless it includes the printed name, address and telephone number(s), and signature of the delegate candidate and an irrevocable declaration of support for one Leadership Contestant or that he or she wishes to stand for election as an "undeclared" delegate. Delegate candidates may not amend or revoke this declaration after the nomination form has been submitted. [emphasis added].

In light of the fact that a declaration of support is irrevocable, we submit that the first declaration of support made by a delegate candidate cannot subsequently be altered by the submission of any alternative declaration of support. It stands to reason that a delegate candidate cannot possibly declare their support irrevocably for more than one leadership candidate.

To decide otherwise requires one to distort the clear meaning of the Rules of Procedure for the Election of Delegates.

Practical Consequences of the Decision

If the preliminary direction of the Regional Returning Officer for British Columbia is allowed to stand, potentially ridiculous consequences could - and almost certainly would - result. Campaigns could run the same delegates in every association in the province, choosing the candidate to declare for based on their regional support. Ultimately, the democratic process of selecting delegates for the leadership convention could be seriously disrupted by this decision.

Remedy

The submitting parties ask that the National Returning Officer overturn the preliminary direction of the Regional Returning Officer for British Columbia and substitute a decision that delegate candidates in the province of British Columbia may declare their support for one leadership candidate only.

Yours very truly,

Lynne Steele
Jack Siegel
Steve RodRozen
Quito Maggi
Sachin Aggarwal
Matthew L.O. Certosimo

c. Mike Eizenga

Steve MacKinnon
Kim Haakstad
Mark Grant
Jamie Elmhirst
All Leadership Campaigns