Judge rules he can’t stay controversial voter ID rule

Suspending a single provision of the Conservative government’s new voter law with a federal election only months away at most is just too risky, an Ontario judge ruled Friday.

In his 25-page decision, Superior Court Justice David Stinson refused to grant an injunction against the provision that strips the use of voter information cards as a form of identification.

“It is problematic to change the rules for elections at the last minute through the blunt instrument of judicial intervention,” Stinson wrote.

“Late changes in election rules run the risk of unfairness or, at the very least, the perception of unfairness.”

The Council of Canadians, Canadian Federation of Students and three voters argue parts of the Fair Elections Act enacted last year are unconstitutional. They maintain that thousands of people could be disenfranchised by the new law — mostly students, aboriginals, seniors and the homeless.

However, because the case can’t be resolved before the election — which must take place Oct.19 at the latest — the applicants asked Stinson to grant an injunction against the provision that ends the use of the voter information card as ID.

Even though the applicants have raised a serious case and some voters might suffer “irreparable harm” by not being able to exercise their right to vote, Stinson said, he couldn’t grant the requested relief.

The federal Liberals said they would repeal the law if elected and restore the information card as a form of ID.

Garry Neil, executive director of the Council of Canadians, expressed disappointment at the ruling, but said the fight would continue beyond the next election.

“We’re not deterred,” Neil said. “We are going to see the case through to the end.”