Court challenge of 2011 election results in 7 Conservative ridings
Case backed by Council of Canadians targets tight victories in ridings where voters reported receiving calls directing them to the wrong polling stations.
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Voters challenging the 2011 federal election results in 7 ridings are back in court in Ottawa today. The judge was hearing arguments on a motion brought by the Conservative Party to seek more than $250,000 in deposits to cover the MPs' legal costs in the case.
The CBC's Leslie MacKinnon was in court for the hearing - here's a recap of her liveblog, and she'll have an update on the story shortly.
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At Federal Court this am. The case is the contestation of elections in 7 Conservative ridingss due to robocalls. It's a motion today.by Leslie MacKinnon via twitter 9/18/2012 2:16:18 PM -
The Conservative party lawyer Arthur Hamilton is asking for security deposits totalling 260,000 dollars from applicants for est.costs.by Leslie MacKinnon via twitter 9/18/2012 2:16:21 PM
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The applicants are voters in the 7 ridings who say they were misdirected to the wrong polls by live calls or robocalls.by Leslie MacKinnon via twitter 9/18/2012 2:16:22 PM
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Canada Elections Act requires a deposit of $ 1000 for each case. There is latitude to increase it - asking for 37,000 from each applicant.by Leslie MacKinnon via twitter 9/18/2012 2:16:30 PM
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This is a unique case. There have never been allegations of voter suppression on such a wide scale before.by Leslie MacKinnon via twitter 9/18/2012 2:16:32 PM
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The Council of Cdns, which represents the applicants, can fundraise from unions, corporations, non-Cdns - MPs are restrained says Hamilton.by Leslie MacKinnon via twitter 9/18/2012 2:16:34 PM
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Hamilton is arguing the COC is much more advantaged in funraising than the 7 MPs fighting these allegations.by Leslie MacKinnon via twitter 9/18/2012 2:16:36 PM
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Hamilton says contesting an election is a zero sum game.Only good outcome for applicant is the MP losing his seat It's win or lose he says.by Leslie MacKinnon via twitter 9/18/2012 2:16:37 PM
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Therefore says Hamilton this is not a public interest case. It is adversarial.by Leslie MacKinnon via twitter 9/18/2012 2:16:39 PM
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Steve Shrybman lawyer for COC says Conservative MPs have cited no authority for their request for more funds. . There is none he can find.by Leslie MacKinnon via twitter 9/18/2012 2:16:41 PM
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Shrybman says this motion is increasing the cost of this case. Plus the Conservatives have substantial subsidization from taxpayers.by Leslie MacKinnon via twitter 9/18/2012 3:17:50 PM
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Shrybman coins a new word, to me: impecuniosity. This is the state of finances of the applicants, or could be.by Leslie MacKinnon via twitter 9/18/2012 3:17:51 PM
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It would be an additional burden says Shrybman to ask applicants to find someone to pay their fees but also put up securities in advance.by Leslie MacKinnon via twitter 9/18/2012 3:18:01 PM
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Shrybman says this case is about the first building block of a democratic society - the right to vote.by Leslie MacKinnon via twitter 9/18/2012 3:18:02 PM
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It is not a zero sum game says Shrybman - his clients have nothing to gain other than seeing democracy upheld. It is not about winning.by Leslie MacKinnon via twitter 9/18/2012 3:18:12 PM
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Shrybman says Hamilton is accusing the unpaid chair of the COC and the COC itself of being partisan. This is not the case, he says.by Leslie MacKinnon via twitter 9/18/2012 3:18:14 PM
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It is unlikely says Shrybman that costs would be awarded against his clients even if the ruling goes against them.by Leslie MacKinnon via twitter 9/18/2012 3:18:15 PM
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I've avoided complaining that the Prothonotary does not have a mike. But now Shrybman who's up front says he can't hear her!by Leslie MacKinnon via twitter 9/18/2012 3:18:20 PM
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During break, new mikes are being placed in the courtroom. Because amazingly the Prothonotary said she couldn't hear Shrybman either.by Leslie MacKinnon via twitter 9/18/2012 3:18:22 PM
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It is unfair Shrybman says for applicants to pay when Conservative lawyers are increasing costs by filing many pre-trial motions.by Leslie MacKinnon via twitter 9/18/2012 3:30:40 PM
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Shrybman says donors to Con party get a 75 % tax break. This is not the case for the applicants or the COC which is not a reg charity.by Leslie MacKinnon via twitter 9/18/2012 3:33:01 PM
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Arthur Hamilton replies on behalf of the 7 Conservative MPs. The COC won't accept that Conservatives won those 7 ridings he says.by Leslie MacKinnon via twitter 9/18/2012 3:55:14 PM
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Hamilton says Elections Act is subject to abuse if a proxy group like COC finds people who will launch an action under the Act.by Leslie MacKinnon via twitter 9/18/2012 3:59:39 PM
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Hamilton says Mr. Shrybman takes great exception to my use of the phrase "zero sum game". But,there is only one remedy in these cases.by Leslie MacKinnon via twitter 9/18/2012 4:10:45 PM
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Hamilton says the court must either dismiss or declare the election null and void, and the incumbent loses his seat. That's a zero sum game.by Leslie MacKinnon via twitter 9/18/2012 4:12:19 PM
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Interesting. The Prothonotary sternly admonishes Hamilton to stop referring the the COC's motives. He must refer to the applicants.by Leslie MacKinnon via twitter 9/18/2012 4:15:56 PM
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Hamilton says there is only one witness in all 7 ridings who says their vote was suppressed. Is he now arguing the merits of the case?by Leslie MacKinnon via twitter 9/18/2012 4:17:35 PM
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The Prothonotary says he is, and shuts him down on that one. With that Hamilton concludes.by Leslie MacKinnon via twitter 9/18/2012 4:18:26 PM
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Shrybman argues that Hamilton motion is lacking in argument and is an effort to delay. Judgment is reserved.by Leslie MacKinnon via twitter edited by Chris Carter 9/18/2012 4:20:30 PM
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