Blog

Just the facts, Craig

By DJ Kelly December 4, 2007

For those of you that are interested in the facts of the Craig Chandler dismissal (and are, like I normally am, too lazy to click the link in my previous post), here is the full text of the section of the PC constitution that are pertinent to this situation.

(vi) A candidate who has been duly
nominated shall be approved by the
Leader and the Executive Committee
and officially endorsed as a candidate of
the Association if such approval is in the
best interests of the Association.

(c) Dispute Resolution
Any dispute or other matter in question between
candidates for nomination for a Provincial
Constituency, or in respect of the nomination
process arising under, out of, in connection with, or
in relation to the nomination of a candidate or a
candidate’s qualification or disqualification before or
after nomination, shall be resolved pursuant to the
following process:

(i) The dispute or matter shall be
submitted to the chairperson of the
Provincial Constituency Association’s
Nomination Committee (the “Nomination
Committee”) for a ruling, who
immediately shall call a meeting of the
Nomination Committee to rule on the
dispute or matter. Such ruling shall be
rendered by the Nomination Committee
within seventy-two (72) hours of
submission to the chairperson of the
Nomination Committee.

(ii) If the Nomination Committee is unable or
fails to make a ruling within seventy-two
(72) hours, or if either party to the
dispute disagrees with the ruling of the
Nomination Committee, the dispute may
be immediately submitted to arbitration
for determination pursuant to the
provisions of the Arbitration Act of
Alberta, R.S.A. 2000, c.A-43, pursuant to
the following procedures:

a. The Nomination Committee or one
of the disputing parties shall
immediately after ruling by the
Nomination Committee or expiry
of the 72-hour period without a
ruling having occurred notify the
President of the Progressive
Conservative Association of
Alberta of the dispute or
disagreement.

b. If a ruling by the Nomination
Committee has issued but none
of the disputing parties notify the
President within 48 hours of the
Nomination Committee ruling
being provided to the disputing
18 Amended May 5, 2007
parties, the Nomination
Committee ruling shall be final
and binding on the disputing
parties and the Nomination
Committee.

c. The President of the Progressive
Conservative Association of
Alberta and in his or her absence
the Vice President Organization
shall, as soon as possible after
being notified of the dispute,
appoint a single arbitrator to
decide the dispute.

d. The arbitrator shall not be a
member of the Nomination
Committee or the Provincial
Constituency Association from
which the dispute originates; but
shall be a member in good
standing of the Progressive
Conservative Association of
Alberta.

e. Upon his or her selection, the
arbitrator shall contact the
disputing parties and shall
advise them of his or her
appointment and request
submissions in writing from the
parties within seventy-two (72)
hours.

f. The submissions in writing shall
be in a form satisfactory to the
arbitrator and shall include
summaries of the relevant facts
and argument.

g. The arbitrator shall not be bound
by formal rules of evidence or
procedure and may accept
submissions of fact and
arguments in a manner deemed
by the arbitrator to be reasonable
and appropriate in the
circumstances. The arbitrator
will have power to determine the
dispute, whatever its nature,
including determining questions
of meaning, intent and
reasonableness of nomination
rules themselves and their
compliance with the constitution
of the Progressive Conservative
Association of Alberta, and the
power to direct changes to the
nomination rules.

h. Upon receipt of facts and
argument, the arbitrator may
request further submissions if
deemed appropriate.

i. When the arbitrator has received
submissions of fact and
argument deemed sufficient by
him or her, the arbitrator shall
so advise the parties and shall
deliver a decision in writing
determining the dispute within
one (1) week of so advising the
parties, which decision shall be
final and binding on the
disputing parties, the Nomination
Committee and the Provincial
Constituency Association.

j. All fees and costs of the
arbitration shall be in the
discretion of the arbitrator. The
arbitrator may in his or her
discretion direct that a portion of
such fees and costs be paid by
the Progressive Conservative
Association of Alberta in
circumstances in which the
Progressive Conservative
20 Amended May 5, 2007
Association of Alberta has elected
to make submissions to the
arbitrator.

k. The arbitrator may at his or her
option require that security be
posted in respect of payment for
fees and disbursements.

l. The candidates for nomination
upon filing nomination papers
will be deemed to have agreed,
and the Nomination Committee
and the Provincial Constituency
Association, on appointment of
the Nomination Committee, will
be deemed to have agreed, that
all disputes and matters will be
determined by the foregoing
process; and that such process is
accepted in lieu of, and no
recourse shall be available to, the
Courts for or in respect of any
such dispute or matter.

m. The arbitration proceeding,
including submissions to the
arbitrator and the decision of the
arbitrator, shall remain
confidential to the participants
and shall not be disclosed to
anyone other than the
participants, the Nomination
Committee, the Provincial
Constituency Association and the
Progressive Conservative
Association of Alberta, except as
required by law.

Notice under section 14 c ii l it says, “and no recourse shall be available to, the Courts for or in respect of any such dispute or matter.” I hope Chandler read that too.

Aren’t by-laws and the ilk fun!

  • Anonymous

    This does not apply in Chandler’s case.

    You are an idiot

  • Anonymous

    This does not apply in Chandler’s case.You are an idiot