Robocalls ruling.
Lack of proof means wins by six Tory MPS won’t be overturned
OTTAWA — Electoral fraud occurred during the last federal election, a federal court judge ruled Thursday, but there is no proof that it affected the outcomes in six ridings at issue, so the elections will not be overturned.
The court challenge was brought by the Council of Canadians, which sought to overturn the election of six Conservative MPs who won close votes where there was evidence that someone tried to affect the results by calling opposition supporters and telling them their polling stations had moved.
Federal Court Judge Richard Mosley ruled that the calls “struck at the integrity of the electoral process by attempting to dissuade voters from casting ballots for their preferred candidates.
“This form of ‘voter suppression’ was, until the 41st General Election, largely unknown in this country.”
The evidence points to “a concerted campaign by persons who had access to a database of voter information maintained by a political party,” Mosley writes, but says there was no allegation that any of the candidates in the six ridings were responsible for the campaign.
He also said he makes no finding that the Conservative party or Edmonton company RackNine Inc. were “directly involved in any campaign to mislead voters.”
The decision fails to give the Council of Canadians the result it sought, but may pose a political problem for the Conservatives, who have steadfastly rejected any suggestion that the party mounted a votersuppression campaign beyond the infamous “Pierre Poutine” robocall in Guelph, Ont., which the party has blamed on rogue elements.
Mosley does not conclude that the party was involved.
“I am satisfied, however, that the most likely source of the information used to make the misleading calls was the CIMS database maintained and controlled by the (Conservative party), accessed for that purpose by a person or persons currently unknown to this court,” he said.
Maude Barlow, national chair of the Council of Canadians, said the “clearly and boldly” stated finding of fraud “should disturb Canadians a lot.”