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The Only Call Harper Should Be Making is a Judicial Inquiry

Posted: 03/14/2012 7:40 am

I have been completely stunned by the Conservatives' reactions to the ever growing robocall election fraud scandal.

With the corruption of Adscam, the Conservatives demanded a judicial inquiry into the financial fraud perpetrated by the Liberal party in Quebec on a daily basis until the Gomery Inquiry was called. And I agreed with them.

In this case of election fraud, the Conservatives are changing their tune daily as Chantal Hébert noted in a recent column. The Conservative twisting and turning appears desperate in the daily changing of response -- and it begins to sound more and more like Watergate every day.

The only acceptable response is: "Election fraud violates our constitutional right to free and fair elections. It violates Canada's election law. It erodes Canadians' faith in our democracy. It is completely unacceptable. Canadians have a right to know exactly what occurred. And only a judicial inquiry with the power to subpoena anyone and compel witnesses to testify will expose what happened."

Seventy-five per cent of Canadians want an Independent judicial inquiry according to a national poll sponsored by the National Post and released on March 12 by Ipsos Reid.

Some national media commentary asks whether the Conservatives might get away with this and whether their failure to call a judicial inquiry will hurt their standing with Canadians. Pollster Nik Nanos believes that the scandal is just reinforcing existing prejudices, with Conservatives supporters unconcerned. By contrast Frank Graves of EKOS warns that this issue could be "catastrophic" for Conservatives.

I find this debate itself deeply offensive. Since when is democracy debatable? Since when is electoral corruption not a concern for all parties? Since when would electoral fraud go uninvestigated with all findings not made public?

In the 2006 election, campaigning on accountability and transparency in government, Harper said: "There's going to be a new code on Parliament Hill. Bend the rules, you will be punished; break the law, you will be charged; abuse the public trust, you will go to prison."

The failure of the Conservatives to now make unequivocal statements like this, and to ensure that there is a full, transparent investigation to uncover the source of the electoral fraud in the 2011 election will ultimately prove corrosive to Conservatives -- just as Watergate proved corrosive to Republicans and Adscam fatal to the Liberals.

If you think this is having no impact on right-wing politics in Canada think again: This story was broken by Stephen Maher of Postmedia News and Ottawa Citizen reporter Glen McGregor and kudos to them. McGregor and Maher are part of the Postmedia network -- the most right-wing mainstream national network of newspapers.

And from Preston Manning: "The patriarch of the current Conservative movement in Canada, says the robocall vote-suppression scandal that's rocking Canadian politics is 'deplorable.'"

This scandal is deeply corrosive the very fabric of Canada. What is more fundamental than faith in our democracy? Faith in our basic fundamental institutions, such as free and fair elections?

Only a Judicial Inquiry is Acceptable as a Response

I had to laugh when in the House of Commons Prime Minister Harper urged MPs to turn over any information they had about fraudulent election calls to Elections Canada. You see, every Elections Canada investigation is conducted in complete secrecy. Working with the RCMP, Elections Canada normally doesn't comment on ongoing investigations and the only information that ever comes out is when an action goes to court and documents become public through legal proceedings. So Harper was really saying: "Give all your evidence to Elections Canada which will keep it a lock box so Canadians never learn about what happened."

The House of Commons passed a motion on March 12 increasing Elections Canada's power so it can compel political parties to turn over records to aid in the investigation. While I agree completely with this, the fact still remains Canadians will never know the majority of what Elections Canada uncovers.

In fact, the only reason this election fraud story broke in the first place, is Maher and McGregor used Freedom of Information requests to access legal documents on the investigation.

If Harper does not call an independent judicial inquiry I predict that it will breed a new form of fierce resistance we have never seen before in Canadian politics. It will serve as the catalyst to force electoral cooperation among the opposition parties and galvanize a new electoral approach in Canada.

"We get the behaviour we tolerate" is a powerful truth. If this election fraud is not rooted out, no opposition party will trust the Conservatives to honour the law in future elections. Failure to expose this fraud is to accept and condone it. The resulting erosion of trust will fuel an electoral accommodation in targeted swing ridings. It will be the very thing that brings all opposition parties to work together to defeat Harper.

And finally there is the judicial route. Lawyer Peter Rosenthal has fought a legal case on election law all the way to the Supreme Court of Canada and won -- requiring changes to the Canada Elections Act. Rosenthal points out that any elector or candidate may challenge the results in a riding if irregularities, fraud or corrupt or illegal practices affected the outcome by application to a superior court.

A court has the power to subpoena witnesses and the proceedings create a public record of wrongdoings. If the Conservatives fail in their duty to call a judicial inquiry this will be the route, no doubt, that incensed Canadians take.

The opposition parties will not let this go. The media will not let this go. Canadians will not let this go. The truth will come out.

 
 
 

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10:48 PM on 05/05/2012
shouldn't harper be calling a lawyer?

More to the point, shouldn't 1000 Canadians be utilizing section 507.1 of the Canadian Criminal code, allowing any Canadian citizen to file private criminal charges against someone who has broken the law? http://yourlaws.ca/criminal-code-canada/5071-referral-when-private-prosecution

Seems to me that this case could easily get swept under the carpet, if left to the powers that be, and perhaps it is up to us, as the powers that can act?

http://www.bcrevolution.ca/filing_private_prosecution.htm

Any social justice group willing to step up? I will if others will. Otherwise prepare for it to die a natural death in due course.
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cheena1
myhuffpost
05:57 PM on 04/07/2012
1 of 2

"Rosenthal points out that any elector or candidate may challenge the results in a riding if irregularities, fraud or corrupt or illegal practices AFFECTED the outcome by application to a superior court."
This is what I take issue with!! "if" practices affected the outcome ..... IT SHOULDN'T MATTER!! The fact that it was attempted is what counts!! It is the attempt itself, not whether it succeeded ....

ie: I attempted to rob a store, but didn't succeed. Going by the above then, 'no harm - no foul'. I just get to go home, and try again another day! No penalty, no record, no negative connotation. THIS IS THE PROBLEM!
05:27 AM on 03/30/2012
Dodge Ball anyone?
05:23 AM on 03/30/2012
In the 2006 election, campaigning on accountability and transparency in government, Harper said: "There's going to be a new code on Parliament Hill. Bend the rules, you will be punished; break the law, you will be charged; abuse the public trust, you will go to prison."
03:50 PM on 03/27/2012
250 000 Robo Sheeple agree Harper Baaaahd as the UN usurps our property rights

http://johnconner1984.wordpress.com/2012/03/25/250-000-robo-sheeple-agree-harper-baaaahd/
03:30 PM on 03/24/2012
"The only call Harper should make"... is a call to his lawyer when he is held accountable for crimes against Canada's democracy.
05:16 PM on 03/21/2012
Harper must be afraid that the robocall affair will hurt him too much that he wont hold an inquiry.... But not calling one looks even worse.
03:21 PM on 03/21/2012
How far is Stephen Harper is willing to go in baffling democracy? Just read Marci McDonald's bokk called "The armagedon factor".
09:01 PM on 03/19/2012
As Far as Im concerned Well then, He best turn himself in then to the nearest RCMP station! If tried as traitor, then the death penalty should be restored for acts of treason, never mind jailed for life. Absolutely DEPLORABLE!

In the 2006 election, campaigning on accountability and transparency in government, Harper said: "There's going to be a new code on Parliament Hill. Bend the rules, you will be punished; break the law, you will be charged; abuse the public trust, you will go to prison."
03:48 PM on 03/21/2012
I completely agree with you and hope he will be recognized resposible to what his party does.
03:31 PM on 03/24/2012
Yes!
07:26 AM on 03/19/2012
I was Robocalled before the election. Two calls. The first asked who I was voting for, which seems to defeat the principle of the secret ballot. The second call based on the findings of the first call directed my wife and I to an incrrect polling location. I call upon the Governor General to take the honour of governance from the Conservative Party.
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cheena1
myhuffpost
06:30 PM on 04/07/2012
James P. I do hope you have reported the above, both to Elections Canada as well as the Council of Canadians. They are intent on helping people take this illegitimate govt. to court. If you haven't, please do a google search and connect with them directly. Canada will thank you!
02:45 PM on 03/18/2012
It is extremely important that we keep the election process on the straight and narrow for when we wake up and start voting for a sane system of society.
08:20 AM on 03/18/2012
What are waiting for the defeated candidates to bring to Superior Court the challenge of their defeit if their riding was subject to illegal activities and how about a class action for all those electers who were robbed of a clean legal election !
09:12 PM on 03/17/2012
The RCMP should be treating this like a serious crime and they`re not. When it`s drugs or prostitution, or any other crime more likely to be committed by lower working class people, you`re guilty until proven innocent, and they can seize your property without evidence, but when it`s rich people, and it`s blatantly obvious to everyone that they`re guilty of a major crime, police and media bend over backward to play deaf dumb and blind and pretend it can`t be proven. We need an entirely new election, and serious examples made over this. Election fraud is treason, and by not taking it seriously, the RCMP are making themselves accessories.
10:53 PM on 05/05/2012
Unfortunately, the RCMP are handmaidens to a number of large crimes. They may be great at speeding autos and such, but major crimes, they are worth nothing to Canada.

see how to steal $35 billion and get help in closing the case from the RCMP, (who got help from those who also helped the crime:)

http://www.examiner.com/review/crime-pays-well-how-we-lose-billions-to-respected-financial-fraudsters
05:28 PM on 03/17/2012
At the end of the day the charter of rights and freedoms are exactly a nice peice of paper with 0 enforceability outside of the court therefore police, rcmp, and any other member of govenrmnet like the conservatives can evade the law. Subsection 15 eqaulity before and under the law wiht 0 enforcement = a really nice turn of phrase, but powerless. If the charter is not enforced, if the rights guranteed to all canadians and anyone on canadian soil are not empowered, than this country will be on the path to an unprecedented event... a civil rebellion.
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SanguinesDream
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02:31 AM on 03/17/2012
As an EX-supporter of the Harper government, I am tired of the illegitimacy of this government and call all other conservative voters that are embarrassed by this government actions, to step up and call down the current majority.