Annie Blake of the Yukon NDP will remain the MLA for the Vuntut-Gwitchin riding.

On Thursday, Chief Justice Suzanne Duncan of the Yukon Supreme Court issued a decision on a court challenge that had left the fate of the seat in legal limbo for almost four months.

In a decision posted online Thursday, Duncan ruled that to declare the election invalid and the office vacant based on one man’s inability to vote in the district would be a denial of his right to vote.

“Such an outcome would be a triumph of formality and process over substance, an approach that is prohibited by the Supreme Court of Canada jurisprudence,” the decision says.

The evidence of the jailed voter’s ties to the riding supports his intention to live in the riding at a later date, Duncan says.

Blake received the news while she was in Old Crow for the week.

She spoke to the Star this morning as she was waiting to board a plane to Whitehorse.

Blake said she was pleased and relieved with the news.

“I think there’s a sense of relief from both me and the community,” she said. “I sat through the case and the arguments the lawyers presented, and I support the rationale of the decision.”

Blake said she had been receiving some congratulations from the community overnight, along with a message that it’s time to try to reunite the community, which has been divided over the April 12 election result.

“I feel that this is good news for Old Crow as we can work towards moving forward and unify as a community,” Blake added in an email from the NDP. 

“There is much strength, potential and opportunity in the community with our citizens.

“I’ve been focusing my time on connecting with citizens, building and strengthening relationships with my community for the last few months.

“I’m honoured and excited to continue this work for and with all Vuntut Gwitchin citizens. Together we are stronger as we work to move forward.”

Party leader Kate White called the outcome “a relief, and mostly, I think it’s a relief for the community of Old Crow.

“Annie is up there right now and in just a few months as MLA, she has continued to show how much she cares about her home and her community.

“She’s a great MLA who really takes the time to be with the people she represents. We couldn’t be happier that she will be able to continue her work.”

The court decision means there will be no change in numbers to the current legislative assembly makeup. The Liberals remain in a minority government propped by the NDP.

In dismissing the challenge, Duncan said there was no evidence of any fraud or dishonesty on the voter’s part in relation to his eligibility to vote, his identity or his residence.

“The actions of the officials in this case were consistent with this purpose and consistent with upholding the Charter-protected right to vote,” she says in conclusion.

The initial result was a tie between Blake and Pauline Frost, who had been a Liberal cabinet minister.

After a recount and a Yukon Supreme Court judicial review, the tie was broken by drawing names from a box as specified in the Yukon’s election legislation.

Blake won the draw and the seat, and Frost launched a court challenge a few days later.

Frost’s team, led by Whitehorse lawyer James Tucker, challenged the validity of one ballot, cast by Christopher Schafer, who was jailed in Whitehorse, since he was registered to vote from the Whitehorse Correctional Centre.

In dismissing the challenge, the judge ruled that Schafer’s ballot was eligible to be counted due to his extensive ties to the Old Crow area.

As an inmate, Schafer has no fixed address, although his last permanent residence was in Old Crow and he is a member of the Vuntut Gwitchin First Nation.

Tucker argued that he should have voted somewhere in Whitehorse, rather than the Vuntut riding.

Blake’s lawyer argued against that notion, as did Mark Wallace, the lawyer representing Max Harvey, the Yukon’s chief electoral officer.

Wallace told the court the Elections Act is intended to ensure that people are not deprived of the right to vote.

Adopting Tucker’s interpretation of the rules around identification and residency would disenfranchise homeless, incarcerated and transient voters, Wallace said.

Wallace said Schafer used approved identification to cast his ballot, including a declaration that an electoral officer would not be permitted to reject.

Schafer has never established a residence outside his family home in Old Crow, he said.

Blake’s lawyer, Shaunagh Stikeman, disputed Tucker’s argument as well.

She said Schafer has spent most of the last 20 years incarcerated outside Old Crow and he has long stated, including in court, that he intends to go back there.

His family lives there, and any doubt about his true home or intention to return when he’s free to do so is answered by acknowledging his Indigenous identity and the special connection Indigenous people have with their territories, Stikeman added.

Schafer’s “connection ... to the land in and around Old Crow, is proof in itself of his intention to return and the ongoing existence of his true home,” she said.

Schafer had no other residence before being jailed, had never established residency elsewhere, and his ballot was cast legitimately, she argued.

Frost and Tucker were unavailable for comment to the Star before press time this afternoon.

The Yukon Party weighed in on the matter Thursday with a news release.

“Today, a Yukon Supreme Court Justice dismissed an application by the Yukon Liberal Party and former Yukon Liberal cabinet minister Pauline Frost to overturn the results of the 2021 Yukon general election in Vuntut Gwitchin.

“The loss of the Vuntut Gwitchin electoral district was a key factor in reducing the Yukon Liberals to minority status,” the Yukon Party said.

“The legal challenge attempted to disenfranchise a Vuntut Gwitchin citizen and, according to the decision, the Yukon Liberal Party also attempted to stop the count via letter from their legal counsel on April 9, 2021.

“What was the total cost to taxpayers resulting from the Liberal Party launching legal action against the chief electoral officer of the Yukon and Annie Blake?” the Yukon Party asked.

“Will the Yukon Liberal Party be reimbursing taxpayers all of the costs associated with this, including the legal expenses for Elections Yukon?

“Will the Liberal cabinet confirm that no work or activities associated with this legal action were conducted from the cabinet office or using cabinet office resources or staff?”

– With files from The Canadian Press.