Federal Conservative Nominee Hopeful Loses Court Bid to Delay Selection in B.C. Riding

Mark Donnelly, a Vancouver Island resident, has lost his legal attempt to postpone the Conservative Party of Canada's nomination meeting for the Courtenay-Alberni riding. On Friday afternoon, the B.C. Supreme Court rejected Donnelly’s request for an urgent interim injunction just hours before the nomination event was set to begin on Saturday morning.

Donnelly filed the injunction as part of a civil lawsuit against the federal Conservatives, alleging that he was unjustly denied entry into the nomination race. He is not related to the singer Mark Donnelly, who previously sought the Conservative nomination in South Surrey-White Rock in 2019.

Justice K. Michael Stephens dismissed Donnelly’s application, citing that his case did not meet the legal threshold required for an interim injunction. The court also referenced Conservative Party of Canada (CPC) rules, stating that nomination is a privilege, not a right. The decision came just 18 hours before speeches in the Courtenay-Alberni nomination race were scheduled to begin at Kwalikum Secondary School in Qualicum Beach.

Donnelly’s claim revolved around the CPC’s refusal to grant him a waiver needed to participate in the nomination contest following a national redistricting that affected riding boundaries. Donnelly argued that the party breached its duty of good faith by denying his application, calling the waiver process arbitrary and unfair. His lawyer, David Garner, described the waiver requirement as a mere “box-checking exercise” and said that Donnelly’s exclusion was unjust, especially since three other contestants were granted the waiver.

However, CPC counsel Michael Wilson maintained that the party’s National Candidate Selection Committee (NCSC) has the authority to decide who can enter nomination races. Wilson noted that Donnelly had previously applied for candidacy in another riding but failed to meet application requirements. He emphasized that the waiver process also aims to prevent candidates from "riding shopping."

Despite losing the bid for an injunction, Donnelly's broader civil claim could continue, although his lawyer admitted that challenging the selection of a candidate after the fact would be a daunting task.

Voting in the Courtenay-Alberni riding is set to begin Saturday morning, with 1,600 constituency members eligible to cast their ballots.