We're back at Federal Court and continuing with the applicants' response to the motion to dismiss. Peter Engelmann speaking for them.
Also, due to a number of tech probs, I hate you blackberry.
Engelmann is speaking to champerty and maintenance, the argument Conservative lawyer Arthur Hamilton used yesterday to argue for dismissal.
It's about whether the Council of Canadians is interfering in the case to profit from it. Engelmann says only 1 case where used as defence.
Engelmann cites Ontario case where judge decided c&m not a defence against a claim when applicants have a right to bring a claim.
Engelmann citing Opitz on Charter right to vote, Harper from back in the day at NCC. Council of Cdns have a public interest right, he says.
With growing inequality in Canada, fewer people would have access to justice if organizations can't back cases, Engelmann says.
Hardly surprising that individual voters don't file claims, he adds.
Engelmann now using Lavigne v. OPSEU, where National Citizens Coalition supported Lavigne's case against mandatory union dues.
3rd party funding from left and right, he says. NCC only one of many groups supporting litigation done in the public interest.
Given (Conservative) cuts to court challenges program that helped fund public interest cases, Engelmann says, no other money for these cases
RT @PeterNCC: "@stphnmaher: Now citing Stephen Harper vs Crown, old NCC case challenging election spending. Judge allowed NCC to fund ca ...
RT @stephen_taylor: If anyone is wondering, or cares to know, the NCC still supports 3rd party funding of legal challenges.
Starting to wrap up champerty&maintenance arguments. Hamilton up now to respond. Says he doesn't believe c or m "on life support" in fed crt
RT @glen_mcgregor: Hamilton reminds the court C&M is not a defence, it's a preliminary motion that was held over from earlier this year.
Debating now the affidavit of a colleague of Hamilton's about CoC and Shrybman. Engelmann said yesterday it was grossly inappropriate
Hamilton says they could strike parts of it and allow the rest to stand.
Judge Mosley says he won't decide the motion today. Now to applicants, then supporters. Then responding MPs and Chief Electoral Officer.
Council of Canadians says they expect their legal costs will be $560,000 by the end of this week. They've raised $303,000 so far to cover it
RT @glen_mcgregor: Costs will be even higher with inevitable appeal to SCOC. Barlow says notion that this case is a cash cow for CoC doe ...
RT @stphnmaher: Steven Shrybman says he will be most of today and tomorrow. Hamilton says he has other hearings next week so he can't co ...
Applicants' lawyer Steven Shrybman kicks off their case, going thru Cda Elxns Act and touching on 30-day limit for challenges.
Shrybman says Opitz decision has given considerable extra guidance on this case. I can't wait for that.
Shrybman says they are alleging targeted campaign but not accusing CPC, CPC officials or RMG, 1 calling company used by CPC.
RT @stphnmaher: Shrybman: We have only one purpose: to recover the democratic rights that were taken from voters through the fraud.
Tweeting light fr me b/c Shrybman going over well-trodden ground as he lays foundation of case. Now on Elxns Cda emails released recently
Also light tweeting because I was filing. Anyway. Onto Elxns Cda emails, which show cross-Cda reports. Actually, media requests, judge notes
Shrybman says the reasons why it took 8-9 months for suppression to come to light is germane to this case.
We're looking (well, not literally) at one of Elxns Cda investigator Al Mathews' production orders now. Familiar to some of us.
I've been using production order as short-hand for information to obtain a production order, also known as an ITO. I'll start using ITO.
Shrybman going over basics of a Mathews' ITO, re: alleged vote-suppressing calls in Guelph later to be linked to pseudonym Pierre Poutine.
In-court Pierre Poutine reference! Burner cell phones! Separatist Street in Joliette! Remember all this?
Shrybman says while he's mentioning RackNine, co whose robocall service was used to make Guelph calls, owner Matt Meier says he didn't know
Meier has said several times that he had nothing to do with illicit calls and turned over records to Mathews.
Ppl or person in Guelph went to enormous, possibly successful lengths to hide what happened, Shrybman says. Why we didn't know sooner.
Now looking at Access to Info release of Elxns Cda emails that showed complaints of misdirecting calls across Cda. 1st in Saint-Boniface
Shrybman reading email Elxns Cda sent to lawyer at Hamilton's firm. Name & ph # blacked out in ATIP release so we can't be sure it was him.
Though that reminds me that I wanted to ask him!
Replies fr Cassels Brock lawyer were delayed by 12 or more hours, even when re-sending 1st answer for 2nd time as EC officials more frantic.
Elxns Cda officials seemed to suspect calls were fr CPC campaigns, according to emails released. In 1, EC lawyer suggested changing subject
Subject line had been about "Conservative" calls--Elxns Cda lawyerr told officials to change heading b/c didn't know who was behind calls
@Laura_Payton is back in Federal Court to hear arguments in a legal challenge of the 2011 federal election results in six Conservative ridings. The case was brought by eight voters and the Council of Canadians. Today's hearing begins at about 9:30 a.m. ET. She'll have details from the court here shortly. Read her wrap of yesterday's hearing here: cbc.sh
We're back at Federal Court and continuing with the applicants' response to the motion to dismiss. Peter Engelmann speaking for them.by Laura Payton via twitter 12/11/2012 2:33:48 PM
