OTTAWA - Elizabeth May has been thwarted in her last-ditch effort to convince the courts to give her a podium at next week's televised leaders' debates.
But the Green party leader's not giving up yet.
Federal Court judge Marc Nadon refused Tuesday to make an emergency ruling on the case before the nationally televised discussions get underway next week.
The short period of time wouldn't have allowed the court "to perform its duty in a satisfactory manner," Nadon said, adding that he would provide the reasons for his decision on Friday.
It was a body blow for the Greens, who got a major blast of publicity when May participated in the debates during the 2008 federal election.
But May said she remains undeterred.
"We're continuing to appeal to Canadians to put pressure on the other leaders -- and the consortium executives -- to change their minds," she said in an interview from Saanich, B.C.
The Greens will pursue the matter in the Federal Court of Appeal, even though the case can't be heard before the debates, she said. But she'll also be talking to her lawyer about whether there are "any legal avenues" that would allow the Greens to have the matter heard in court before then.
The Greens are seeking a judicial review of a CRTC policy that says broadcasters do not have to include all political parties in debates.
The consortium, which runs the debates, insisted that only parties with seats in the last House of Commons can participate.
Lawyer Peter Rosenthal, who represented the Greens in court, argued the guidelines used to decide who can participate in the debates are "constitutionally deficient" and change with every election.
He asked the judge to hear the case next Monday, a day before the April 12 English-language debate. The French-language debate will take place April 14.
Phil Tunley, a lawyer for the consortium, argued the case was far too complex to be rushed.
"Clearly -- and the court accepted that -- it would be very difficult to give the issues the full consideration that they should have," said Tunley.
"I think that's the argument that seems to have been most important in the judge's decision."
Rosenthal said he would like to appeal the ruling to the Supreme Court of Canada, but it isn't "realistic" considering the debates are just a week away.
The consortium should have a say in who's included in the debates, but excluding May is simply wrong, he said.
"There must be some guidelines that prohibit such an affront to democracy as having a leader of a party with 6.8 per cent of the vote not even participating in the major event of the campaign," Rosenthal said.
"That, in my view, is unconstitutional."
May said the Green party, which is running candidates in all 308 ridings, has received less media coverage on their policy announcements in this campaign than in 2008.
"So when the consortium makes a decision about what leaders are in the debates, in a very real but subtle way, they're also saying what parties are real and what policies are worth paying attention to," she said.
"The news coverage tends to reflect this decision."
In 2008, the consortium reversed its initial decision to exclude May from the debates when Prime Minister Stephen Harper and NDP Leader Jack Layton backed off their threats to boycott the event if she was invited. Her party also had a seat in the Commons courtesy of Independent MP Blair Wilson, who joined the Greens before the election was called.
This time around, the Greens have no seat. However, both Layton and Liberal Leader Michael Ignatieff have said they support May's inclusion; Harper has suggested he's not opposed to it.
Marco Dube, a spokesman for the consortium, acknowledged Tuesday's court ruling but declined to comment on it.
