OTTAWA - A bid to overturn the federal election results in a handful of tightly contested ridings should be tossed out, because the cases were filed too late, the Federal Court heard Monday.
The Council of Canadians is backing applications asking the court to review the May 2011 election results in seven ridings where Conservative MPs narrowly won their seats.
The council alleges misleading or harassing phone calls in those ridings kept some people from voting and may have affected the outcomes.
But Conservative party lawyer Arthur Hamilton told the court Monday the legal applications to overturn the results, by law, should have been filed within 30 days of the election outcome being certified. That would have been by early June of last year.
Hamilton argued that since the applications were only filed in March, it is far too late for the court to consider them.
"These applications simply cannot be allowed to leave the starting gate," Hamilton told the court.
He argued that allowing the cases to be heard could cause a "free-for-all," setting a precedent in which anyone could challenge the results of an election at any time, meaning MPs would always be looking over their shoulders, never certain when their election win might be called into question.
But Garry Neil of the Council of Canadians said the clock starts ticking on the 30-day window when someone first realizes the fraudulent calls could have affected the outcome of the election.
"They didn't suspect that it affected the outcome of the election until it became public knowledge that this was a very, very widespread campaign," he told reporters outside the court.
In court documents filed earlier this year, the Conservatives claimed the council is more concerned with attacking them and raising money than getting to the bottom of the so-called robocalls affair.
Party lawyers called the council's conduct improper, unseemly and a clear abuse of the court's process.
The seven Conservative MPs targeted in the council's court action have asked the court to toss out requests to review the results in their ridings.
The council has countered that the Conservatives are attempting to delay the cases and drive up legal costs.
The law lets voters legally challenge the results in their ridings. If a judge finds anything that would have changed the outcome, a new byelection can be ordered.
Such decisions are extremely rare. But this spring, an Ontario judge ruled that enough suspect votes were cast due to clerical errors to warrant overturning last year's election result in a Toronto riding, where Conservative MP Ted Opitz beat Liberal Borys Wrzesnewskyj by a mere 26 votes.
If the decision stands, a byelection will have to be called in Etobicoke Centre.
The Supreme Court of Canada has agreed to hear Opitz's appeal of the ruling in early July.
It has been just over a year since the last federal election, one that has become known almost as much for allegations of electoral fraud in Guelph, Ont., as for the way it redrew the House of Commons.<br><br> <a href="http://www.huffingtonpost.ca/news/robocalls-scandal" target="_hplink">Investigators are now looking into calls wrongly claiming to be from Elections Canada that redirected voters to a polling station they couldn't use</a>. It's illegal both to interfere with a person's right to vote and to impersonate Elections Canada.<br><br> A year later, here's what we do know, according to court documents and information provided in interviews:<br><br> <strong><em>With files from CBC.</em></strong><br><br> (CP)
1. Probe Started Early
Elections Canada investigator Al Mathews started looking into complaints in Guelph on May 5, 2011, three days after the election that saw reports of illicit phone calls. The winning candidate in the riding, Liberal <a href="http://www.huffingtonpost.ca/2012/03/10/robocalls-by-liberals-guelph_n_1336895.html" target="_hplink">Frank Valeriote, compiled a list of almost 80 names</a> of people complaining about the calls. News of the investigation didn't break until Feb. 22, 2012. (Thinkstock)
All political parties use automated robocalls and live calls to identify voter support and contact people during a campaign. <a href="http://www.huffingtonpost.ca/2012/02/23/racknine-robocalls-elections-canada_n_1296383.html?ref=robocalls-scandal" target="_hplink">The campaign of Guelph Conservative candidate Marty Burke used RackNine</a>, a company that offers voice broadcasting services, to make legitimate robocalls to campaign supporters. The person who made the fraudulent robocalls also used RackNine. (Alamy)
3. Pierre Poutine
The <a href="http://www.huffingtonpost.ca/2012/02/28/robocalls-scandal-pierre-poutine_n_1307730.html?ref=robocalls-scandal" target="_hplink">person who made the calls used a disposable, or burner, cellphone, registered to a "Pierre Poutine."</a> The RackNine charges were paid via PayPal using prepaid credit cards, purchased at two Shoppers Drug Mart stores in Guelph. Shoppers Drug Mart doesn't keep its security camera videos long enough to see who bought the cards more than a year ago. (Alamy)
4. IP Traced
<a href="http://www.huffingtonpost.ca/2012/05/04/andrew-prescott-pierre-poutine-robocalls-conservative_n_1478809.html?ref=robocalls-scandal" target="_hplink">Elections Canada traced the IP address used to access RackNine</a> on election day and send the fraudulent message. Mathews got a court order for Rogers, the company that provided the internet service to that IP address, to provide the customer information that matches that address, on March 20, 2012. (Alamy)
5. Andrew Prescott Linked To Poutine IP
<a href="http://www.huffingtonpost.ca/2012/05/04/andrew-prescott-pierre-poutine-robocalls-conservative_n_1478809.html?ref=robocalls-scandal" target="_hplink">Pierre Poutine and Burke campaign worker Andrew Prescott (pictured here with Tony Clement) accessed their RackNine accounts using the same IP address</a>. On election day, they accessed their RackNine accounts from the same IP address within four minutes of each other, Mathews says in documents filed in court.
6. But Accounts Don't Match
A court document lists the billing account numbers for the customer information provided by Rogers to Mathews. <a href="http://www.cbc.ca/news/politics/story/2012/05/11/pol-robocalls-guelph-rogers-account-numbers.html" target="_hplink">Those accounts don't match</a> the number found on the Burke campaign's Rogers invoices submitted to Elections Canada, suggesting RackNine wasn't accessed through a computer in the Burke campaign office.
7. Misleading Calls Discussed?
Two Conservative staffers, accompanied by the party's lawyer, told Mathews they overheard <a href="http://www.huffingtonpost.ca/2012/05/04/michael-sona-robocalls-pierre-poutine-guelph_n_1479400.html?ref=robocalls-scandal" target="_hplink">Michael Sona (pictured here with Stephen Harper), another Burke campaign worker, talking about "making a misleading poll moving call."</a> Sona, who stepped down from a job in the office of Conservative MP Eve Adams when the story broke, has previously said he had nothing to do with the misleading calls.
8. Poutine Used Tory Database?
Arthur Hamilton, the Conservative Party's lawyer, told Mathews the list of phone numbers uploaded to RackNine by Pierre Poutine appeared to be a list of identified non-Conservative supporters, with data on it that was updated in <a href="http://www.huffingtonpost.ca/2012/05/17/robocalls-scandal-privacy-information_n_1525197.html?ref=robocalls-scandal" target="_hplink">CIMS, the party's database</a>, days before the election. The CBC's Terry Milewski had reported a similar pattern after sifting through complaints in 31 ridings.
9. Deluge Of Complaints
<a href="http://www.huffingtonpost.ca/2012/03/29/marc-mayrand-testimony-robocalls_n_1387176.html?ref=robocalls-scandal" target="_hplink">News coverage led to 40,000 people contacting Elections Canada one way or another</a> -- whether to report a misdirecting call or by signing an online petition to express concern that it had happened -- chief electoral officer Marc Mayrand told a parliamentary committee in April. There are now specific allegations in almost 200 ridings by 800 people.