UPDATED: Vancouver South Recount: It's back on, y'all – although it's still not clear whether every vote will be counted.

by kadyomalley on Thursday, October 30, 2008 2:35pm - 84 Comments

That’s what I heard from someone who was supposed to attend today’s hearing, at least — you know, the one in which Wai Young and a Conservative Party lawyer were going to appeal the decision to suspend the count last week. Apparently, the judge took the initiative to restart the count before the lawyers had even had the chance to make their arguments, so it’s back to the ballot-by-ballot examination tomorrow.

Will every vote be counted this time around? I guess that will depend on whether the margin is still as narrow after spending a few hours going through more of the unopened boxes of ballots; while a judicial recount cannot be terminated by any party, it can be sped up considerably if both candidates agree to suspend the hand count in favour of using the poll statements. Hopefully there will be at least one local media outlet allowed inside the counting room when the process resumes on Friday — given the mass confusion that has surrounded this story since it broke last week and the high level of public interest in the case, it’s hard to see how the judge could refuse permission to a reporter seeking to make sure that all the facts come out. (If ITQ was a few thousand miles closer, she’d be breaking land speed records to file a request with the court.)

Anyway, I’ll update this post with any new information that comes out.

UPDATE: From the comments, a link to a Vancouver Sun story on the recountroversy, which provides the most plausible explanation yet for what may have an honest mistake by the judge, based on an apparent misunderstanding of the Conservative candidate’s wishes:

Hira said the Conservatives appeared to concede during the recount process last Friday that Dosanhj was the winner, so Dohm signed a certificate, declaring Dosanjh the winner, which was sent to Ottawa.

But the Conservative candidate, Wai Young, later expressed she wanted a further recount.

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  • http://www.bluelikeyou.com/ Joanne (T.B.)

    And it’s wisest to assume that the assignment is impartial, unless strong evidence to the contrary (not random musings as in some comments above) exists.

    Agreed, but I think it’s fair to want to understand the process.

    So Mike, you’re interpreting that info that Kady gave us (and thanks, Kady) to mean that the office of the Chief Justice would select the judge to preside in a recount, is that right?

  • Mike T.

    it’s just a guess with no research involved. The C.J. does have the ultimate authority in deciding which judge hears what case, so I’m extrapolating. I could easily be wrong.

  • http://www.bluelikeyou.com/ Joanne (T.B.)

    Or maybe the chief returning officer has a say. It would just be good to know.

  • http://www.macleans.ca Kady O’Malley

    Joanne – The returning officer files the initial application, but must do so within four days of the validated results — depending on the court schedule, that would probably mean a relatively limited pool of judges.

  • http://www.bluelikeyou.com/ Joanne (T.B.)

    Good point, Kady.

  • Bruce

    The proceedings just commenced, this will be at the very least interesting.

  • Bruce

    They will be counting the ballots from thirty more boxes today bringing the total to fifty eight ballot boxes counted. For tomorrow?

  • Wascally Wabbit

    I’m not a lawyer – so shoot me down if I’m wrong – but I believe there are legal entities called Court Masters – in most if not all jurisdictions – whose job it is to assign court rooms and judges to cases – based upon availability and appropriateness.
    They probably feature behind the scenes here somewhere.
    As opposed to say – going knocking on the front door of Judge Joe Blow’s home – ferrinstance!

  • http://www.bluelikeyou.com/ Joanne (T.B.)

    Peter Braid won the recount in Kitchener-Waterloo!

  • Wascally Wabbit

    Hey Kady!
    You were looking VERY MASCULINE this morning with Susan Riley!
    You even looked like you might be pulling for CBC Radio – rather than Macleans!
    What happened?

  • keith by the Bruce

    Regardless of recount outcome cons. should be made to set staight their whisper campaign of liberal judicial bias .

    Further if it’s found an unintended error occured through candidates inexperience steve should own up to the fact that he and his party have some human traits .

  • http://ontario-geofish.blogspot.com/ Harold Asmis

    Nuclear War declared between Ontario and Ottawa

    You’ve got to figure out this story about the declaration of a new nuclear site, over the screams of Ontario.

  • keith by the Bruce

    “By Kady O’Malley | Email | October 21st, 2008 at 7:17 am Posted to: Capital Read, Inside the Queensway | 30 | Comment on post”

    McGuinty & Danny Williams asks for help with inter provincial electrical grid , harper says “ya ya great idea” and has a couple of dinnr meetings at Sussex to cover off all details of all provincial issues .

    Through design or incompetence steve continues destruction of AECL so if sold will be fire sale value ?

    Grid to the Bruce is full and under two year upgrade so Darlington (Toronto load) gets new build to stop brown outs .

    steve named Bruce Power top man to his western ole boy’s club and then is lobbied during Oct election campaign to use coal fired plant inferstructure to as a reactor site .

    Ontario says no sorry we have not budgeted for that and have no money.

    steve says fine we will spend your money in/on Afghanistan where nuclear war could happen . the end

  • stephen

    Keith,

    AECL has is now showing the signs of decades of neglect. Thanks in part ot the high unpopularity of Nuclear Power in certain quarters, that and some of the buyers of Candu’s turned them into weapons….like India

    Anyway, yes Harper has to worry about the 2 and 1/4 years it was his responsibility as oppossed to the 13 years prior it was someone elses. A org like AECL doesnt degrade that quickly, it takes decades of neglect and underinvestment.

    It isnt what you sell it for its how much money and future liability you no longer incur in running it. The best question to ask is what is the purpose of AECL now and in the future then you can ask how it can best fulfill its mandate, assuming its continued existence is part of the answer to the first question.

    Would you have noticed AECL’s disappearance if it had happened 5 years ago? Doubt it.

  • keith by the Bruce

    comment by stephen on Saturday, November 1, 2008 at 7:26 pm:

    Please take no dis respect intended. I did not mention mulrooney selling off the money making medical isotope issue nor did I mention creteins fumble of the follow up of mulrooney’s commitment to build a maple reactor with a diminished budget . Further did I mention that AECL build one sucessfully in South Korea with proper resources ? Lots of blame to go around .

    Buck now stops at McGuinty & steve which I tried to paint .

  • keith by the Bruce

    comment by stephen on Saturday, November 1, 2008 at 7:26 pm:

    Further did I mention that like Softwood Lumber legal dispute steve settled a legal issue between AECL & norti con out of court days after he was elected 2 1/4 years ago ?

  • keith by the Bruce

    comment by stephen on Saturday, November 1, 2008 at 7:26 pm:

    Anyway, yes Harper has to worry about the 2 and 1/4 years it was his responsibility

    Please name one thing including the Vancouver recount that steve has talen responsibility for ? ( The 3 takes of ctv Halifax Dion interview on mike duffy live advertisement excepted )

  • keith by the Bruce

    comment by stephen on Saturday, November 1, 2008 at 7:26 pm:

    “Anyway, yes Harper has to worry about the 2 and 1/4 years it was his responsibility ”

    Please name one thing including the Vancouver recount that steve has taken responsibility for ? ( The 3 takes of ctv Halifax Dion interview on mike duffy live advertisement excepted )

  • keith by the Bruce

    comment by stephen on Saturday, November 1, 2008 at 7:26 pm:

    “Anyway, yes Harper has to worry about the 2 and 1/4 years it was his responsibility ”

    Stephan: Did steve settle the “Ottawa sick building Espanade” case out of court ? I heard his people called several secret meetings but have not heard the result yet .

  • Bruce
  • Bruce

    This link works to Dion still seeing red;

    http://www.pulseniagara.com/viewstory.php?storyid=4474

  • dan in van

    Isn’t someone going to release those tapes of Young not understanding the judge’s questions? CTV?

  • keith by the Bruce

    comment by Bruce on Saturday, November 1, 2008 at 10:53 pm:This link works to Dion still seeing red over dollars

    2.23 eligible Canadian electors in 10 support a con M.P. or steve .

    Imagine if steve’s sole pay check and loyality was to the 2.23 in 10 Canadians and not divided to Con Party pay check ? ( do you know % split Bruce ?)

    Imagine 1910 – no gun control , very little taxes and no socialized government . Leading cause of death diarrhea in adults and Doctors not being forced to wash their hands to deliver babies .

    Most people in Harpers position had several servants . Long for the good ole days eh ?

  • keith by the Bruce

    2.23 eligible Canadian electors in 10 support a con M.P. or steve .
    1.57 eligible Canadian electors in 10 support a lib M.P. or Dion .
    0. 5 eligible Canadian electors in 10 support a ndp M.P. or jack .

    Resounding mandate and confidence in all stripes of Federal Government ?

    Imagine if steve’s sole pay check and loyality was to the 2.23 in 10 Canadians and not divided to Con Party pay check ? ( do you know % split ?)

    Imagine 1910 – no gun control , very little taxes and no socialized government . Leading cause of death diarrhea in adults at 43 years old and Doctors not being forced to wash their hands to deliver babies . ( steve , Dion and jack may be departed to a better or worse place)

    Most people in back benchers or higher position had several servants . Long for the good ole days eh ?

  • Bruce

    From Steve Janke;

    “But look at Part 2d of the Liberal Party return. This lists transfers to the Liberal Party. Twelve of the thirteen transfer for this past quarter were $5,000 or less. But that thirteenth transfer was in a league of its own. The riding association for Chambly-Borduas transferred a jaw-dropping $185,000 to the Liberal Party on September 22.

    September 22 was the day the Liberals released their party platform. In case some context would help.

    That coincidence probably doesn’t mean anything. But $185,000! Wow.

    Just to get a sense of scale, this riding association reported a total of $436.25 in donations in 2007. An additional $1200 came into the riding association from the Liberal Party. In 2006, the riding association reported a grand total of contributions and transfers of $9,550, and in 2005 it was $8,580.90, and only $2060.00 in 2004.

    And yet before September of 2008, there is a transfer of $185,000 from this otherwise impoverished riding association to the Liberal Party. Where did that money come from? Remember that the riding of Chambly-Borduas has been sending BQ MPs to Ottawa since 1993, the first general election in which the BQ participated.

    Weird.”

From Macleans