T-2191-04: Written Supplementary Representations of the Proposed Intervener Tom Jackson

Court File No. T-2191-04

Federal Court - Trial Division

Between:

Arthur Mainil (Plaintiff)

-and-

The Canadian Wheat Board and Meyers Norris Penny (Defendants)

Written Supplementary Representations of the Proposed Intervener Tom Jackson

Part I -- Facts

1. Tom Jackson is a 2004 candidate for the position of director of The Board in district 4.
    
2. Further, Tom Jackson was a candidate for the position of director of The Board in district 4 in 2000, and, in the first set of elections, in district 1 in 1998.
    
3. Tom Jackson has had numerous conversations with the Board Election Coordinator Peter Eckersely and Board management over the voter list's creation and composition over the course of the 2000, 2002, and 2004 Board Director's Elections.

Part II -- Subject of Proposed Intervener

4. Tom Jackson proposes there is a need for the Honourable Court to define and discover why exactly the Canadian Wheat Board and Meyers Norris Penny required valid permit holders to swear false Statutory Declarations before they were allowed to participate in the 2004 election.

Part III -- Submissions

5. The proposed intervener Tom Jackson wishes to submit that the Canadian Wheat Board and Meyers Norris Penny first agreed to send out ballot packages to 2004-05 "new" permit holders without Statutory Declarations. This opinion was offered by Gwen of the Election Coordinators office, as recorded in Exhibit "C" to the Affidavit of Tom Jackson. It is further submitted, as indicated in Exhibit "C" the Election Coordinator then later required an unreasonable action by "new" valid permit holders to actually participate in the 2004 Directors Election, a requirement to swear a false Statutory Declaration. It is then submitted that more producers than normal did not take out Canadian Wheat Board permits in 2002 and 2003 because of droughts and high non-board domestic feed grain prices. It is finally submitted that these noted problems create a significant issue that needs to be dealt with by this Honourable Court.

Part IV -- Relief Sought

6. The proposed intervener Tom Jackson request the Honourable Court clarify exactly why Statutory Declarations were requested when a producers were already a valid permit holders. The Proposed Intervener requests the Honourable Court determine how many producers were affected by this procedure. The Proposed Intervener requests the Honourable Court determine how many other new producers with valid permits were not sent ballot packages, that could have been voters if they had been treated fairly.
    
7. The proposed intervener Tom Jackson requests the Honourable Court clarify whether the producers ballots represented in Statutory Declarations (Exhibits "E", "F", and "G"); resulted in 3 "Scannable ballots" being present today at the Election Coordinator's facilities. In the opinion of the Honourable Court, are these producer's "scannable ballots" still valid votes for tabulation, if the 2004 ballot tabulation actually proceeds?

All of which is respectfully submitted this 17th day of December 2004.

(Signed by Thomas R. Jackson)