"Evidence filed in Federal Court today includes detailed accounts from voters targeted by fraudulent or harassing calls intended to discourage them from voting . . . applicants are seeking to overturn the results in a court action that will be heard beginning Dec. 10."
Media Release, canadians. org, Nov. 29, 2012
WHAT Maude Barlow calls, "the most important legal cases in recent Canadian history" are currently being argued in federal court.
Barlow, national chairwoman of the Council of Canadians advocacy group, was referring to the lawsuits brought about by "eight brave Canadians" who claim they are among hundreds who received phone calls aimed at derailing their efforts to vote during the last federal election, in violation of the Canada Elections Act.
"Regardless of our political inclinations . . . ," wrote Barlow, "an attempt to trick or defraud voters out of their fundamental right to vote is indefensible and must be vigorously challenged."
Reached for comment last week, the council's executive director Gerry Neil said now that Elections Canada has concluded its investigation and that the evidence has been submitted, there are three important aspects of the cases for the judge to consider: ? The calls:
"The investigation identified that 1,399 calls were received in 247 ridings across the country.
Some of the callers claimed to be speaking on behalf of Elections Canada which confirms it does not call voters - that's the first issue," Neil said. Obviously, if those claims are proven to the satisfaction of the Court, the perpetrator(s) violated the Elections Act.
? The purpose: Based on the Elections Canada investigation and on the result of an April survey by Ekos Research that examined the issue, the council believes there is strong evidence to show the calls were politically targeted at non-Conservative voters.
? The outcome:
Less easy to quantify according to Neil, is the effect the calls had on the results of the election in any given riding. The relatively small number of calls across the country might not have had a significant effect on the make-up of the current parliament, but in a riding like Vancouver Island North where the Conservative candidate won by only 17 votes, the outcome could well have been affected by robocallers' efforts.
And that possibility prompted North Island resident, Yvonne Kafka, to join seven other Canadians in placing the alleged fraudulent activity before the courts.
As Neil stressed, however, the jurisdiction of the federal court is limited to a decision as to whether or not the evidence demonstrates the probability that fraudulent activity has occurred. If it has, then it would be up to other agencies to lay charges and decide on penalties under the act. In the event the case proceeds, the eight applicants will need to plead their case before the Supreme Court of Canada.
Kafka and her co-litigants are not there purely for self-interest; they are defending the constitutional voting rights of all Canadians.
"Democracy isn't easy," as Michael Douglas said in the movie The American President - and that's especially so when innocent voters are cannon fodder in front of a barrage of Conservative-funded lawyers.
. . .
And now for a short side-story that led me to write this column:
In the mid-1980s, I worked in the marketing department of North Vancouver's Computer Distribution Inc. One of the energetic hi-tech gurus who supported the less-than-whiz-kids in the sales force was North Vancouver resident Daryl Hatton.
In the years since, Daryl moved from one opportunity to the next until, about five years ago, he formed fundrazr. com - a company that helps individuals and organizations raise funds for worthy causes and projects.
We still touch base from time to time and, last Thursday, Daryl sent me an email to let me know his system is helping to raise funds for the Democracy 24-7 project, which is supporting the "eight brave Canadians" in their efforts.
A worthy endeavour. . . .
And now for some promising news that could lead to protection for would-be whistleblowers:
On Dec. 6, B.C. Auditor General John Doyle released his Summary report: Results of Completed Projects and Other Matters.
Noting he "regularly receives tips and suggestions for audit" Doyle emphasizes that "all tips and suggestions for audit are held in confidence and are referred to the OAG's Investigations Group."
In the section, Looking Ahead, Doyle touches on what might well be a cornerstone for government accountability at all levels:
"In many investigations that come to us," he begins, ". . . the individuals disclosing information are employed by the organization they want us to look into.
"We point out that while our audit process offers whistleblowers anonymity, it does not prevent them facing reprisals should those individuals be identified . . .
"We see the need to protect whistleblowers and the lack of protection currently provided concerns us," he concluded.
Thank you, Sir; it concerns us, too.
