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UPDATE: Conservatives Push To Get Election Lawsuit Thrown Out

UPDATE: Conservatives Push To Get Election Lawsuit Thrown Out

Legal representatives for the Conservative MPs from seven ridings argued on June 25 that the lawsuits filed by voters in those ridings should be thrown out because they did not file their complaints within 30 days of the election.

The complaints from each of these voters concern voicemails left by someone claiming to be from Elections Canada telling them that their polling station had moved or harassing phone calls claiming to be from the Liberal Party.

The election took place in May 2011 and the complaints were filed in March 2012 by the Council of Canadians. The Conservative lawyer argued that allowing these challenges to elections results to go ahead would create a precedent, allowing anyone to challenge election results at any time.

The Elections Act states that an election result can be challenged by any person who was an eligible voter in that electoral district on the basis that “…there were irregularities, fraud or corrupt or illegal practices that affected the result of the election.”

The Act also states that the complaint must be filed within 30 days of the result of the election being published in the Canada Gazette or “the day on which the applicant first knew or should have known of the occurrence of the alleged irregularity, fraud, corrupt practice or illegal practice.”

The Council of Canadians lawyer, representing the voters in question, argued that the the 30 day countdown should have started when voters realized these phone calls were widespread and could have affected election results. It is that they did not realize this until the issue of robocalls became widely reported, which didn’t happen until February of 2012.

The judge hearing the case said she would return with a decision as soon as possible.


Related Stories:

Harper Government Fights Dirty Against Election Lawsuits

What Went Wrong In Etobicoke Centre?

Canadian Voter Participation Expected to Hit New Lows

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Photo Credit: JMacPherson

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7:52PM PDT on Jun 29, 2012

I feel it should be -------- the Republican party going going gone !!

9:45AM PDT on Jun 29, 2012

So they are basically saying "we scammed you, but you waited to long to complain."

1:54PM PDT on Jun 28, 2012

Vote republicans and tea baggers out of office in every state at every opportunity.

12:54PM PDT on Jun 28, 2012

@ Jan W. "I had always hoped that Canada would avoid our mistakes and hold onto their inherent kindness and sense of fair play. Please, do not let this sickness spread. Stop it now."

I second that ! The Canadians have been a beacon of hope for the USA.

IIRC, the Canadians hand-count their paper ballots, resulting in a system too difficult to twist into supporting false results.

Contrast that with the USA, and these worthless electronic voting machines that can be pre-programmed to shift the election results.

We NEED Canada to fix this, and stand as a beacon. We need a role model, ironically, to return to a sane electoral system.

12:21PM PDT on Jun 28, 2012

Thanks for the info.

12:00PM PDT on Jun 28, 2012


11:59AM PDT on Jun 28, 2012

Elaine, sorry to break it to you but the calls were from BOTH Liberal and NDP supporters and all in ridings where the outcomes were very close. Furthermore, there is proof that the robocalls occurred. There were NO similar complaints from Conservative voters about robocalls so presumably there were none. The election was not only crooked but Harper "won" with barely 40% of the popular vote. Sounds reasonable to me but then the US elected "Bush" with hanging chads and a Supreme Court filled with Conservatives.
BTW, can you call Liberals anything but loons? That just shows how rude, stupid, insulting and ignorant you are. Following your avatar, I may also change mine to Angelina Jolie. I look as much like her as you currently do your avatar.

11:09AM PDT on Jun 28, 2012

Ugh, suprise suprise. I can't believe they judge is actually considering this. How can the people are being tried decide tht they don't want the trial?

10:52AM PDT on Jun 28, 2012

wow, the Fright Right is everywhere.

10:11AM PDT on Jun 28, 2012

The complaints from each of these voters concern voicemails left by someone claiming to be from Elections Canada telling them that their polling station had moved or harassing phone calls claiming to be from the Liberal Party.

OK, where's the surprise in this statement??? Happens by the Liberal Loons, like people change their underwear....On a daily basis!

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