N.S. Liberals ask court to review alleged campaign breach in Preston byelection

The Nova Scotia Liberal Party is asking the courts to review an order by Elections Nova Scotia for a Liberal candidate to remove some of his campaign materials in a recent byelection.

The electionswatchdog has since dropped its investigation into the alleged campaign breach, but this week the Liberals are asking the Supreme Court of Nova Scotia to review the case.

Mitchell Gallant, interim executive director for the Liberals, said the court filing is about getting clarity on campaign rules for future elections.

'Bigger than this election'

"We fully respect the outcome of this election," Gallant said. "This is about something, in our view, that is bigger than this election.

"Obviously the voters spoke and they made their choice, but we have serious concerns, going forward, about what a candidate or what a party is or is not allowed to say to voters, and we want to be sure that voters are able to hear the truth."

The campaign materials in question included signs and flyers about a possible construction and demolition disposal site in the Preston riding.

One of the signsread, "Dump the Dump. Houston's Conservatives have done nothing to stop this dump. We must stop them. Vote Carlo Simmons."

The Liberals say its an important issue to constituents and the government ought to take a position. But the Progressive Conservatives argue they can't do so without a formal proposal andno proposal for anew waste disposal site in Prestonhas been submitted to the province.

Chief electoral officer Dorothy Rice said Simmons' signs about a dump were misleading. A few days before the election, Rice launched an investigation into a possible violation of section 307 of the Elections Act, and asked the RCMP to help.

Progressive Conservative candidateTwila Grosse won the byelection with Simmons placing third.

The joint investigation was dropped earlier this month.

What the Liberals are asking for

In the notice filed to the supreme court on Monday, the Liberals said they want the court to retroactively quash Rice's allegation that Simmons breached campaign rules and also herdecisionto launch an investigation.

The party is also looking for a declaration that the chief electoral officer doesn't have the authority to order the removal of campaign materials during an election, and a declaration that application of section 307 of the act has to comply the Charter of Rights and Freedoms.