Tories accuse Elections NB of secrecy in Saint John Harbour court challenge

Some New Brunswick Tories are ramping up social media pressure on Elections New Brunswick even as their court challenge of the Saint John Harbour election result remains before the Court of Queen's Bench.

Progressive Conservative candidate Barry Ogden and Education Minister Dominic Cardy took to social media this week to accuse the provincial elections agency of secrecy and call for the release of any documents related to the race in the riding.

The party is contesting the outcome of the Sept. 24 election race in which Liberal Gerry Lowe edged out Ogden by 10 votes.

The Tories allege some people may have voted twice in the election, that people from other ridings may have voted in Saint John Harbour and that there were clerical errors.

A hearing before Justice Hugh McLellan on Friday will examine whether Ogden's lawyer, Kelly VanBuskirk, will be removed from the case after accusations he came into possession of privileged solicitor-client notes belonging to Elections NB lawyer Fred McElman.

McElman formally requested VanBuskirk's removal Wednesday, saying the Saint John lawyer has violated the code of conduct of the New Brunswick Law Society by using privileged information prepared for the legal team on the other side of the case.

Social media pressure

But as the Friday hearing approaches, Ogden and Cardy pressured Elections NB via social media.

"What is Elections NB trying to keep secret?" asked Ogden in a Facebook post Wednesday evening. "Elections NB needs to come clean. Tell the people of Saint John what they know so faith in democracy can be restored."

On Twitter, Cardy accused Elections NB of suppressing information in a race where every vote counts.

"In the era of fake news, with democratic institutions under suspicion and attack, Elections New Brunswick is drawing fire on itself, and risks undermining the foundation of our democracy," he said. "If we can't trust the people who run our elections, can we trust anyone?"

Cardy went on to call on chief electoral officer Kim Poffenroth to release all documents and reports on the Saint John Harbour race.

The pressure on Elections NB comes even while the issue is still before the courts and could still potentially be resolved in the party's favour.

But in an interview Thursday, Cardy said his comments are not specific to the Saint John Harbour race.

"Having an election administration try and assert privilege to conceal documents relating to problems in an election, that's a problem for Elections New Brunswick, not for the court. It should never have got to this point, they should not be doing this," he said

Ogden told CBC News on Thursday he now has no faith in Elections NB.

"We believe that there are voting irregularities, and we strongly believe that. And these are the people that should be looking for it, and they're just distracting from the truth."

'This could get messy fast'

Earlier this week, VanBuskirk made the unusual move of issuing a press release publicly calling on Elections NB to release information about alleged irregularities in the Saint John Harbour race, going so far as to list the time and place for the court hearing where he would make his argument.

J.P. Lewis, a political science professor at the University of New Brunswick, said the situation presents a "small test" for Premier Blaine Higgs who, as party leader, could be seen as directing the barrage against Elections NB.

"This could get messy fast," said Lewis. "I'd be curious [to see] how this continues to escalate in terms of becoming a fight between the government and an integral... and well respected institution."

In an email statement, chief electoral officer Kim Poffenroth said New Brunswck's Elections Act requires a court order to inspect or produce election documents.

"I respectfully submit it is important for everyone to allow the legal proceedings to take their course," she said.