At the urging of Burchells litigation partner Jason Cooke, Elections Nova Scotia decided not to proceed with Election Act charges against well-known commentator Parker Donham.
In a well-publicized story Mr. Donham admitted taking a photo of his marked ballot in the last provincial election and posting an image of it on Twitter. Later Donham was warned by Elections Nova Scotia that he may be in violation of the Act, as noted by the Globe and Mail in January 2014.
Jason Cooke argued on Donham's behalf he had not breached any provisions of the Elections Act, and publishing his photo was constitutionally protected by the Charter's guarantee of freedom of expression.
In an October 21 press release Nova Scotia's Chief Electoral Officer acknowledged, “there isn’t a likelihood of conviction under the current provisions of the Elections Act.” Donham blogged on the matter and was interviewed on Maritime Noon.