Ontario Superior Court Invalidates Conservative Party’s Disqualification Of Jim Karahalios

NewsSpencerFernando

Court rules Karahalios was incorrectly disqualified from the race.

The Ontario Superior Court of Justice has ruled that the Conservative Party incorrectly disqualified candidate Jim Karahalios from the CPC leadership race.

Here are the details on the ruling, thanks to great reporting by Andrew Lawton:

“BREAKING: Ontario Superior Court of Justice has invalidated the Conservative Party of Canada’s disqualification of Jim Karahalios from the leadership race.”

“Reading through the decision now, but the substance of it appears to be about jurisdiction of the CRO and DRAC based on the rules created by the Conservative Party of Canada. Authority for disqualification lies with LEOC, but it was DRAC who made the decision.”

“The judge notes that it’s not the court’s role to determine who the Conservatives grant standing as a candidate as that lies with LEOC. (In other words, LEOC could still disqualify Karahalios).”

“Judge finds no bad faith and no procedural unfairness, finding nothing unlawful about the CRO’s ruling that imposed a fine on Karahalios. However, it’s LEOC that has authority to disqualify and they didn’t make the decision.”

“The judge has invalidated the disqualification, but also reinstated the CRO’s order requiring Karahalios to pay a fine. Only if Karahalios does that will he be made a verified candidate, according to this decision.”

“Karahalios must raise $100,000 within the next 14 days to meet the criteria set out in the court decision to be made a verified candidate.”

“A lot of people will read context and nuance into this decision that isn’t here. It is solely about jurisdiction and the leadership rules, the judge says.”

“”Mr. Karahalios would be entitled to an open-minded consideration by LEOC, but it remains open to LEOC to disqualify Mr. Karahalios,” the judge notes.”

“An interesting point that I hadn’t considered. Given Karahalios was disqualified on appeal, he might still be in the race if he hadn’t. (Though this isn’t a given if the party wanted him out, as it looks like it did).”

“The judge does not agree that the fine imposed by the CRO was intended to disqualify Karahalios in effect, nothing that the CRO “did not even recommend that Mr. Karahalios be disqualified.””

“NEW: Statement from Conservative Party of Canada vows to review full decision from Justice Perell and implement “its guidance as quickly as possible.””

“NEW: Statement from Conservative Party of Canada vows to review full decision from Justice Perell and implement “its guidance as quickly as possible.””

“The judge finds as a fact that LEOC had no formal meeting and that CRO Derek Vanstone was left to “make up his own mind.””

“The judge doesn’t seem to accept Karahalios’ contention that the fix was in from the beginning.”

This is the latest example of the Conservatives shooting themselves in the foot. They would have been far better off if they had simply trusted their own members and not disqualified people in the first place. Let candidates run, and let Conservative Party members decide. Leave the censorship and banning to the radical leftists.

Spencer Fernando

Photo – YouTube