ROBOCALLS UPDATE: March 28, 2012
Robocall court cases could mean by-elections
http://rabble.ca/blogs/bloggers/karl-nerenberg/2012/03/
hill-dispatches-robocall-court-cases-could-mean-elections
By Karl Nerenberg March 28, 2012
Elections Canada may be investigating robocalls and other voter suppression tactics. But Elections Canada cannot overturn the results of an election in a given riding.
The only chance of overturning results of the 2011 election in any of the 308 ridings is the through the Federal Court.
That is why the Council of Canadians is supporting legal actions on the part of individual Canadians to overturn the 2011 results in seven ridings throughout Canada.
The Council's lawyer, Steven Shrybman, explains that Canadian electoral law provides that only aggrieved voters may seek court orders to "restore their franchise." Neither Elections Canada, nor anyone else, can do that. The result of such court orders would be significant -- they could mean by-elections.
"Uncharted waters"
The Council of Canadians provided reporters with one of the seven "Notices of Application," the case of the northern Ontario riding Nipissing-Tamiskaming, where the Conservative defeated the Liberal candidate by only 18 votes.
The "Notice" document points out that Canadian electors have the legal right to contest elections in their ridings if, in the words of the law, "there were irregularities, fraud or corrupt or illegal practices that affected the result..."
If the court finds that the legal grounds are satisfied, it "shall declare the election null and void."
Shrybman is quick to point out that this has never happened in Canadian history, at least not in relation to criminal activity. Previous overturned elections were based on technical issues.
"We are in uncharted waters here," Shrybman says.
In the view of the Council of Canadians, it will not be necessary to show that the number of voters not voting because of misleading robocalls was greater than the margin of victory.
The Council argues that the law only requires that the applicants must show there was sufficient illegal stuff taking place that it would be reasonable to conclude that the results of the last election, in the ridings in question, were not legitimate.
A chance to find out what calls were made, and to whom?
One strategy the Council and its legal counsel will likely use will be to call the operators of robocall companies such as RackNine as witnesses, and subpoena all of their relevant records. That would make it possible to see what misleading information those calls conveyed and to whom the calls were made.
In making its arguments, the Council may also call on a newly published research paper on the possible impact of robocall tactics in the last election.
The paper is called "Does misinformation demobilize the electorate? Measuring the impact of alleged 'robocalls' in the 2011 Canadian election."
The authors are two British Columbia researchers, Anke Kessler and Tom Cornwall, who only published their preliminary draft less than two weeks ago.
Using a complex statistical methodology, Kessler and Cornwall show that "in those ridings where allegations of robocalls emerged, turnout was an estimated 3 percentage points lower on average."
That meant an average of 2,500 voters per riding who did not go to the polls, quite possibly because of robocalls.
The authors readily admit that although there is a literature on voter suppression based on such "turn-off" factors as negative advertising, there is little scientific work on suppression of the vote by means of illegal activity.
It is difficult to conduct a controlled experiment on that sort of the thing, the authors explain, for ethical reasons. Researchers cannot commit fraud to find out if "crime pays."
A clear pattern of diminished voter participation
And so, the emerging robocall investigations provide what may be the first opportunity to explore the impact of what might have been an unprecedented, organized campaign of fraud and deception, designed to keep targeted groups of voters away from the polls.
Although their results will certainly be challenged by some, Kessler and Cornwall believe they can show a clear pattern of diminished voter participation that is correlated with the prevalence of robocalls, and not merely coincidental.
The Council of Canadians did not commission this research, but its legal counsel will almost certainly attempt to introduce it as expert evidence.
The research could help establish a basis for nullifying an election in a given riding, even if the "applicants" could not produce "defrauded" voters in a number greater than the margin of victory.
"The fact is that people who did not vote because they were misdirected by robocalls may not be very interested in coming forward,"Shrybman explains, "They may find it embarrassing, or it may be something they would rather forget. What we have to show is that the robocalls caused a certain degree of non-participation, which had an impact on the election result."
New elections versus criminal charges
The Council of Canadians is not seeking to circumvent the Chief Electoral Officer's ongoing investigation.
That investigation has a different purpose than the court cases.
Elections Canada is investigating grounds for possible criminal proceedings.
The Council of Canadians seeks to have by-elections called where the evidence warrants.
In the case of court challenges, it is not necessary to establish the identity of the perpetrators of possible fraud.
All the court needs to determine is whether fraud or other illegal activity took place -- and on a sufficient scale that warrants nullifying results in certain ridings.
Aside from Nipissing-Tamiskaming, the other ridings where voters are "going to court" are Don Valley East (in Toronto), Elmwood-Transcona (in Winnipeg), Saskatoon-Rosetown-Biggar, Vancouver Island North, Winnipeg South Centre and Yukon
- - - - - -
Robocalls go to Court! Seven ridings to Federal Court to overturn the Election results
1) A YouTube of the Council of Canadians' press conference announcing the legal challenges.
Click on:
http://www.youtube.com/watch?v=0Ni8C8kfHco
2) CBC Power and Politics, Electors take concerns to Court. Evan Solomon with a representative from each of the political parties (except the Greens). Dean Del Mastro (Conservative) calls the Council of Canadians an “extremist left wing” group! Wow! Is he ever good at not dealing with the issue. Why don’t the Conservatives call a Public Inquiry or Royal Commission?
http://www.cbc.ca/video/#/News/Politics/1244504890/
ID=2216209806
3) National Post Report: Robocall ridings face legal challenge to overturn federal election results
http://news.nationalpost.com/2012/03/27/
activist-group-files-legal-challenge-to-overturn-election-results-in-robocall-ridings/
Postmedia News Mar 27, 2012 – 8:28 AM ET | Last Updated: Mar 27, 2012 11:54 AM ET Aaron Lynett/National Post
PHOTO: Protesters gather and chant at Toronto's Yonge Dundas Square, Sunday afternoon, March 11, 2012.
By Stephen Maher and Glen McGregor
A citizen advocacy group is asking the Federal Court of Canada to overturn election results in seven ridings where telephone dirty tricks may have kept voters away from the polls.
The Council of Canadians says pre-recorded robocalls and live calls influenced the outcome of votes in closely fought races in British Columbia, Manitoba, Saskatchewan, Yukon and Ontario.
The group is backing the first legal challenge of election results since the Ottawa Citizen and Postmedia News revealed ongoing Elections Canada investigations into misleading election day calls in Guelph and other ridings.
The organization’s lawyers filed four applications in court on Friday and was due to file three more Monday, all seeking have the results of the votes set aside.
Related - Links on original URL
Newly revealed ‘Pierre Poutine’ robocall appeared to be from Liberal: Elections Canada
Robocalls company used by ‘Pierre Poutine’ unmasks mystery staffer
John Ivison: Pierre Poutine called voters in ridings across Ontario — not just Guelph
The applications claim that irregular, fraudulent or illegal activities affected the outcome in each of the seven ridings.
All of the ridings named were won by Conservative candidates and all but one was decided by fewer than 1,000 votes.
The Council of Canadians is an Ottawa-based left-of-centre organization chaired by activist Maude Barlow and originally formed to oppose the Free Trade Agreement with the U.S. in the 1980s.
The voter suppression tactics alleged in the litigation include “calls that misdirected electors to the wrong poll or calls of a harassing nature intended to discourage support for a particular candidate,” said Ottawa lawyer Steven Shrybman, who represents the council.
Shrybman said these cases test new ground by asking the court to weigh the effects of a pattern of voter suppression, not just specific acts that have characterized the few legal challenges of past election results.
“We don’t know exactly what the standards will be,” he said. “How do you measure the effect of voter suppression techniques on the result?”
Under section 524 of the Elections Act, any elector or candidate in a riding can launch a legal challenge of the outcome before a competent court. Each of the seven Council of Canadians applications is filed on behalf of named electors in the ridings.
The ridings involved in Council of Canadians cases were chosen because electors came forward and the margins of victory were comparatively small, meaning there is a reasonable basis to believe the alleged irregularities changed the result, Shrybman said.
“We think we have some good evidence about how effective robocalling is but on our evidence, a 6,000-vote margin would be hard to overcome.”
The legal challenge seeks to toss out the results in:
• Don Valley East: The Toronto riding where Conservative Joe Daniel defeated Liberal incumbent Yasmin Ratansi by 890 votes.
• Winnipeg South Centre, where Liberal Anita Neville was defeated by Conservative Joyce Batemen by 722 votes. Neville said on the eve of the election and on election day, Liberal voters in her riding received calls directing them to the wrong polling station, and earlier in the campaign, voters received harassing calls from fake Liberal callers.
• Saskatoon-Rosetown-Biggar, where Conservative Kelly Block held off a challenge from New Democrat Nettie Wiebe, by 538 votes.
• Vancouver Island North, where Conservative John Duncan, now minister of aboriginal affairs, won over New Democrat Ronna-Rae Leonard by 1,827 votes. According to the Comox Valley Record, some voters in the riding have reported receiving automated calls directing them to non-existent polling stations.
• Yukon, where Liberal incumbent Larry Bagnell was defeated by Conservative Ryan Leef by 132 votes. The Yukon News has reported that identified opposition supporters in the riding received calls telling them their polling station had moved. Elections Canada has interviewed witnesses in the riding.
• Nipissing-Timiskaming in northern Ontario, where Conservative Jay Aspin beat incumbent Liberal MP Anthony Rota by 18 votes. A Liberal source said Rota didn’t want to be seen as a sore loser by launching his own challenge.
• Elmwood-Transcona in Manitoba, where Conservative Lawrence Toet defeated New Democrat incumbent Jim Maloway by 300 votes. The NDP says voters in the riding have reported receiving calls directing them to the wrong polling stations.
Not included in the legal action is Etobicoke-Centre, where former Liberal MP Borys Wrzesnewskyj is funding his own legal challenge of the outcome after losing to Conservative Ted Opitz by 26 votes in the May 2 election.
Also not included is the riding of Guelph, the epicentre of the robocalls scandal, where Liberal Frank Valeriote won by more than 6,000 votes, despite more than 7,600 calls that fraudulently directed voters to the wrong polling stations.
If it is convinced that irregular or illegal acts changed the outcome, the court can void the results and trigger a byelection in each riding affected. But even if the Tories were to lose byelections in all seven ridings, they would still hold a majority of seats in the House of Commons.
Shrybman said he hopes the cases will be heard quickly.
“If this remedy is to have any utility, it has to be provided quickly,” he said, though he admitted it likely would take at least a year to resolve.
It would be faster than other federal court cases, however, because any decisions would be appealed to the Supreme Court of Canada, with the additional step of a hearing before the Federal Court of Appeal.
The organization hopes that it can use its lawsuit to discover the volume of deceptive or fraudulent calls in other ridings, by convincing a judge to order phone carriers to turn over records showing how many calls were placed into each riding from numbers associated with suspicious calls.
The respondents in all the cases are Chief Electoral Officer Marc Mayrand, the returning officers in each riding, and all candidates on the ballot in each riding.
On Thursday, Mayrand is scheduled to discuss the robocalls scandal with MPs on the Procedure and House Affairs Committee.
Mayrand recently offered to come to committee, and was scheduled by the government to appear on the same day that most political journalists in Ottawa will be in the federal budget “lockup.”
The last time a court overturned a federal election result was 1988, when an Ontario Supreme court judge found that the number of questionable ballots cast in the Toronto-area riding of North York was greater than the margin of victory by Liberal Maurizio Bevilacqua. Bevilacqua won the subsequent election.
Nobody has said that they were prevented from voting by fraudulent or misdirecting calls during the election, although Elections Canada officials reported in court documents that angry voters in Guelph tore up their voter cards in when they discovered that they had been tricked.
- - - - - -
Two previous postings on “Vote Moving”:
o
http://sandrafinley.ca/?p=4649
o
http://sandrafinley.ca/?p=4599
= = = = = = =
BRYANT: ELECTION FRAUD votemoving.com
----- Original Message -----
From: steven bryant
Sent: Tuesday, March 27, 2012 1:23 AM
Subject: Election fraud, Please read this, it will show you more voter fraud.
To Whom It May Concern:
Hello, my name is Steven Bryant, last year, 10 days after the 2011 federal election my friend and I wrote a paper and made a video about the Election Fraud and posted it on youtube.
Our theory has been proven true with the 2700 same day registration cards were found in the riding of Eglington- Lawrence. The 2700 sdr cards had bogus addresses, some were from McDonalds and UPS stores and a bank and some had no addresses at all1.
I would ask that you read our paper and watch the video. We are maintaining that people voted outside their riding of ordinary residence, possibly without realizing they have committed a crime.
The crime is found in Section 281 (F) of the Elections Act, this is a summary conviction, it is a serious crime; it carries a jail term, a fine and a criminal record.
281. No person shall, inside or outside Canada,
(f) knowingly make a false declaration in the statement of ordinary residence completed by him or her;
We believe that lack enforcement of the law resulted in people voting in swing ridings, when they should have voted in their proper riding. The law clearly states that you have one riding of ordinary residence. Let us look at the Yukon to begin.
How many oil workers or the like voted in the Yukon, whilst having a spouse and a few kids and a mortgage waiting for them outside of the Yukon?
Each person that did that, has committed voter fraud by voting outside their riding of ordinary residence.
Elections act section 8 reads as follows
8. (1) The place of ordinary residence of a person is the place that has always been, or that has been adopted as, his or her dwelling place, and to which the person intends to return when away from it.
One place of residence only
(2) A person can have only one place of ordinary residence and it cannot be lost until another is gained.
Temporary absence
(3) Temporary absence from a place of ordinary residence does not cause a loss or change of place of ordinary residence.
Place of employment
(4) If a person usually sleeps in one place and has their meals or is employed in another place, their place of ordinary residence is where they sleep.
Temporary residence
(5) Temporary residential quarters are considered to be a person's place of ordinary residence only if the person has no other place that they consider to be their residence.
Temporary residential quarters
(6) A shelter, hostel or similar institution that provides food, lodging or other social services to a person who has no dwelling place is that person's place of ordinary residence.
As you can clearly see that every one who engaged in voting away from the spouse and the mortgage and the life they will eventually return to, engaged in voter fraud. Since their employer would have provided each worker with documentation saying they live at their temporary residence in the Yukon, it would have been easily accepted by E.C. and this could have gone completely unnoticed. The Yukon was attacked by Robo-calls.
If you have any confusion about the legality of this I invite you listen to the radio interview from last week. You can hear it by clicking on the link below. The ckuw radio interview explains this crime in great detail.
Dave and I.
Dave worked for Ipsos as a research analyst, Dave has also owned and operated a moving business for the last ten years in the G.T.A.
I owned and operated an online gambling casino in Costa Rica and was trained in fraud management by one of the top fraud managers in the online gambling industry.
He is a retired criminal inspector detective with a U.K police force.
The math and logic we used, were a combination of the skills that we have acquired in our lives.
I know that we can catch each and each and every person who engaged in this activity, using anti fraud tactics.
I would like to leave you with a true story and a question.
For a short while, as a teenager, I lived in Whitby, with Judy and Jerry.
Jerry was my grandfather’s nephew, (uncle Jerry to me). “Uncle Jerry” was very involved in politics and explained to me many facets of the game. “Uncle Jerry” knew of my public speaking and debating abilities and was constantly encouraging me to go to university so he could use his political ties to help me climb the political ladder.
Ironically, one day looking at a map, “Uncle Jerry” explained to me at great length, gerrymandering, which as you know is changing the voting boundaries to gain a political advantage. He also explained to me at great length, Reverse-gerrymandering which is in essence, the vote moving strategy we have captured in the video and paper. “Uncle Jerry” was very familiar with these concepts and so the question I pose to you today is this;
Do you think it would have been possible for my “Uncle Jerry” to teach the Minister of Finance Jim Flaherty the concept of reverse gerrymandering (vote moving)?
Before you answer that, it is important that you know, that my “Uncle Jerry” was in fact, Jim Flaherty’s campaign manager. His name was Jerry Moskaluk.
Again, the skills we have learned in our lives led us to this. Everything was in place to have vote moving.
Thank you for reading my little novelette, and I await your response. 1 604 367 8916
Cheers
Steven Bryant
www.Votemoving.com
http://www.youtube.com/watch?v=Sennr_y02Ro
http://votemoving.com/radio.html
1.
http://www.cbc.ca/news/canada/toronto/story/2012/03/08/
pol-lawrence-eglinton-milewski.html
= = = = = =
NDP tied with Tories for top spot
http://www.ceasefire.ca/
?p=11036&utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+ceasefire%2FycPl+%28Ceasefire.ca%29
March 22, 2012 Blog
According to a survey conducted by the polling firm Environics, the New Democratic Party is tied with the Conservatives for first place in voter support.
Both parties currently have the support of 30 percent of Canadians (John Ibbitson, “NDP ties Tories in popular support,” Globe and Mail, 21 March 2012):
The last time Environics had the New Democrats in first – in that instance, all on their own – was under Ed Broadbent during the free trade debate in 1987.
The tie has more to do with falling Tory fortunes than growth in support for the NDP. The percentage of the popular vote received by the NDP in the May 2nd, 2011 general election was about the same as their level of support in the current poll, roughly 30 percent, while the Conservatives received about 40 percent of the votes in the election, 10 points more than their current level of support.
Why the big drop in support for the Conservatives? The polling company suggests that poor management of recent issues is behind the decline:
The Conservatives are clearly paying a price for the robo-calls affair, plans to increase the qualifying age for Old Age Security, legislation that would give the government information on individual Internet accounts, and increased uncertainty over the costs of new fighter jets.
These issues “haven’t been managed particularly well,” said Darren Karasiuk, vice-president of corporate and public affairs at Environics.
“And they haven’t been managed well in spite of the lack of solid and stable leadership from the NDP or Liberals. So there’s a disappointment among Canadians – particularly soft Tories – that the promised benefits of a majority haven’t materialized.”