Injunction hearing could suspend key provisions in Elections

[Oscar]

Injunction hearing this week could suspend key provisions in "Fair" Elections Act

[ http://canadians.org/media/injunction-h ... ctions-act ]

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BACKGROUND: [ http://canadians.org/charter-challenge ]

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MEDIA ADVISORY: 29 June 2015


OTTAWA - On July 2 and 3, the Ontario Superior Court will hear arguments in a case that could have a defining impact on the federal election this fall. The Council of Canadians, the Canadian Federation of Students, and three voters are seeking an injunction to suspend key provisions of the Harper government’s so-called Fair Elections Act.

“There is nothing fair about this Act,” said Maude Barlow, national chairperson of the Council of Canadians. “This voter suppression legislation will deprive tens of thousands of eligible voters of their right to vote, with a disproportionate impact on youth, seniors, Indigenous people, new Canadians, the homeless, and people with disabilities. As long as this legislation remains in place our elections will be anything but fair.”

The application targets central provisions of the act that apply restrictions to what identification people can use to vote. If the court rules in the applicants’ favour, voter identification restrictions would be set aside for the next election until a full legal challenge can be heard.

Contrary to the Canadian Charter of Rights and Freedoms, which gives every citizen the right to vote, the Fair Elections Act makes voting unnecessarily difficult.

Garry Neil, Executive Director of the Council of Canadians, said: “In the 2011 federal election, fewer than 7,000 votes made the difference between a majority and minority government. If the new rules are not set aside, the very legitimacy of the 2015 election will be at risk.”

The factum as served can be read here:
[ http://canadians.org/sites/default/file ... d-0615.pdf ]

Ontario Superior Court
393 University Avenue
July 2 & 3, 9:30 am

Look for posted information regarding room details.

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Leila Marshy
Media Officer / Agente de relations avec les médias
The Council of Canadians / Le Conseil des Canadiens
300-251 rue Bank Street Ottawa, Ontario K2P1X3
1-800-387-7177 x 232 | +1 613 233-2773 x 232 | Cell: +1 613 618-4761 | mailto:sdey@canadians.org
Twitter: @CouncilofCDNS @haikuboxer| http://www.canadians.org
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[Oscar]

DAY ONE: Government case for "Fair" Elections Act unconvincing, says Council of Canadians

[ http://canadians.org/media/government-c ... -canadians ]

Media Release July 3, 2015

TORONTO – Following a day of strong evidence from expert witnesses yesterday on how the Fair Elections Act will suppress votes, government lawyers presented their rebuttal today.

The Council of Canadians, the Canadian Federation of Students, and three individual voters are seeking an injunction to restore the use of voter information cards as valid identification for the 2015 election. The cards were used as ID by 400,000 voters in the 2011 election, but the Fair Elections Act eliminates their use for this purpose, which could suppress the votes of tens of thousands of people.

“If there was a problem with voter information cards in the last election, why was Elections Canada planning on expanding their use?” asked Maude Barlow, National Chairperson of the Council of Canadians.

The government’s legal strategy included attempting to undermine the credibility of Harry Neufeld, a respected elections expert who has served as B.C.’s chief electoral officer and a consultant with Elections Canada; spending a lot of time on minor irregularities with the use of voter information cards, but failing to show such issues were widespread; and relying on an outdated parliamentary committee report from 2006 on voter information cards rather than noting the actual results of their use in the 2011 election.

“We're deeply disturbed by the government’s claim that it’s not their role to make voting easier,” said Council of Canadians democracy campaigner Dylan Penner. “We disagree. And apparently so does the chief electoral officer, given Elections Canada’s work to promote voting and make it more accessible, which the Fair Elections Act has restricted.”

A ruling on whether an injunction will be granted is anticipated by July 20. -30-

For media calls:
Leila Marshy, Media Officer
Cell: (613) 618-4761
Office: (613) 233-4487, ext. 232
E-mail: lmarshy@canadians.org

[Oscar]

DAY TWO – Democracy’s Day in Court

[ http://www.e-activist.com/ea-campaign/a ... teId=57799 ]

COUNCIL OF CANADIANS CONSTITUTIONAL CHALLENGE VS HARPER’S SO-CALLED ‘FAIR ELECTIONS ACT’

July 6, 2015

On the second and final day of hearings on our injunction to stop the so-called Fair Elections Act, Harper government lawyers presented an unconvincing rebuttal.

They had a tough act to follow. On day one, supported by testimony from Elections Canada, elections experts and civil rights groups, our legal team presented powerful evidence that eliminating the voter identification card as valid ID stands to block tens of thousands of eligible voters – mostly students, seniors, aboriginals and the disabled “ from casting their ballots in October.

The cards were used by 400,000 voters in the 2011 election. Elections Canada was so pleased with the program that they planned to expand it to cover all 25 million voters in the 2015 federal election.

The government’s defence relied on unfounded claims that stricter voter ID rules are needed to stop fraud at the polls – a claim that has been soundly debunked by election experts like Harry Neufeld, who served as B.C.'s chief electoral officer and a consultant with Elections Canada.

As has been their legal strategy throughout this constitutional challenge, government lawyers once again attempted and failed to undermine the credibility of expert witnesses, rather than counter their testimony. They also used outdated reports and isolated irregularities to try to manufacture widespread problems with the program.

At the end of the day, the Harper government’s defence boiled down to this: It’s not the government’s job to make voting easier.

And that’s where they’re wrong.

Not only does such a callous and disturbing statement reveal their contempt for true democracy, it misses the heart of the matter.

This isn’t about making voting easier. It’s about making voting fair – truly fair.

We expect the court to return with its ruling on whether an injunction will be granted by July 20.

In the meantime, I want to thank you once again for your generous contribution to making this vital legal action possible.

Stay tuned...

With hope and resolve,

Maude Barlow
National Chairperson

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