Ottawa Citizen

Sona remains in jail while judge ponders bail request

- STEPHEN MAHER With files from Glen McGregor, Ottawa Citizen

Michael Sona will spend another weekend in the Maplehurst Correction­al Complex after a judge decided to reserve judgment on his bail hearing Friday.

Sona has been at the maximumsec­urity detention centre in Milton, Ont., since Nov. 19, when he was sentenced to nine months for his role in an election-day robocall that sent hundreds of voters in Guelph, Ont., to the wrong polling station.

Sona’s appeal lawyer, Howard Krongold, filed notice this week seeking leave to appeal the sentence and the conviction.

As he was incarcerat­ed 10 days ago, Sona released a statement through a friend saying that he is innocent of the crime.

Krongold told Justice Harry LaForme that he should release Sona on bail because if he stays in prison until the appeal is heard, it will be too late.

“This is a sentence appeal that will almost certainly be moot by the time the appeal is heard,” he said.

Krongold argued that, because there are no precedents in sentencing for Canada Elections Act offences, the sentence needs to be reviewed.

Federal prosecutor Nick Devlin agreed with Krongold that it is appropriat­e for the appeal court to consider the sentence but argued that the severity of the crime means Sona should be locked up while the appeal goes on.

“He broadcast a lie for political gain,” he said. “Instead of stealing his victims’ money, he tried to steal their vote, and succeeded in doing so.”

Sona, who did not testify at his own trial, also did not take the opportunit­y to speak at his sentencing hearing in October.

“Mr. Sona still accepts no responsibi­lity and expresses no remorse,” said Devlin on Friday.

Krongold argued that, for the purpose of “general deterrence,” anyone considerin­g committing a similar crime could note the impact the case has had on Sona’s life.

Devlin said that Sona wouldn’t do the same thing again because nobody would let him.

“Mr. Sona likely won’t do this again because it’s unlikely anybody will let him within 100 miles of an election campaign.”

LaForme said the case “really makes the hair on the back of your neck stand up.”

“This really attacks one of the fundamenta­l principles of our democracy,” he said.

Krongold replied: “This is the challenge in this case.”

LaForme reserved judgment, meaning Sona will spend at least the weekend in detention.

The election day calls used data from the Conservati­ve party’s voter-contact database and were arranged using a disposable phone registered to the now-infamous pseudonym Pierre Poutine.

Sona has always maintained his innocence and claimed he had been scapegoate­d by the Conservati­ve party.

In delivering his guilty finding, Judge Gary Hearn said there was evidence presented at trial to suggest that Sona did not act alone. He made no finding about who else participat­ed but pointed to evidence related to Guelph Conservati­ve campaign manager Ken Morgan and deputy campaign manager Andrew Prescott.

Prescott was given an immunity deal in exchange for testimony against Sona, his former friend. Hearn dismissed most of Prescott’s testimony as self-serving.

Morgan moved to Kuwait and has never spoken to Elections Canada investigat­ors. Neither has been charged.

In the statement Sona released on the day he went to jail he called for a public inquiry into the deceiving calls in the 2011 election.

Yves Côté, the commission­er of Canada Elections, has closed the investigat­ion into the Guelph calls.

In April, he halted a three-year probe into allegedly fraudulent calls across Canada, concluding that “the evidence gathered in the investigat­ion does not lend support to the existence of a conspiracy or conspiraci­es to interfere with the voting process.”

On Thursday, Green Party Leader Elizabeth May wrote to Côté, asking him to reopen his investi- gation, based on Sona’s case as well as the judgment issued in 2013 in a Federal Court legal challenge of election results in six ridings, which was backed by the Council of Canadians, a left-leaning publicinte­rest group.

In those cases, Judge Richard Mosley found insufficie­nt evidence to overturn the election results in the ridings but did find a “concerted campaign by persons who had access to a database of voter informatio­n maintained by a political party.”

Lawyer Steven Shrybman said on Friday that the deterrence value of Sona’s sentence is undermined by the failure of authoritie­s to get to the bottom of voter suppressio­n allegation­s.

“The failure of the commission­er and the government to follow up will undermine the confidence of Canadians in the electoral process,” he said.

 ?? LAURA PEDERSEN/ POSTMEDIA NEWS ?? Lawyer Howard Krongold in Toronto on Friday, when he said Michael Sona’s sentence should be reviewed.
LAURA PEDERSEN/ POSTMEDIA NEWS Lawyer Howard Krongold in Toronto on Friday, when he said Michael Sona’s sentence should be reviewed.
 ??  ?? Michael Sona
Michael Sona

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