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The Robocall Verdict Isn't the End of 2011 Election Fraud

The Robocall Verdict Isn't the End of 2011 Election Fraud
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The Ontario Superior Court ruled today that Michael Sona, the young Conservative aide, is guilty of participating in the robocall scheme.

But this verdict does not resolve the issues surrounding the widespread orchestrated electoral fraud in the 2011 election. This fraud took place not only in Guelph, but in 246 other federal ridings. The Council of Canadians, which supported legal challenges of election results in six ridings across the country, expects that its pending legal challenge of the “Fair” Elections Act will shed more light on what happened.

"The story is far from over,” says Maude Barlow, national chairperson of the Council of Canadians. “We have a few clues about one minor player, but we still don’t have the ringleaders. Remember: this didn’t just happen in Guelph.”

Fraudulent calls misdirected people to wrong or non-existent polling stations in dozens of ridings. In a landmark ruling in 2013, the Federal Court found that there had been a widespread campaign of electoral fraud that was targeted at non-Conservatives. Further, the court found that “the most likely source of the information used to make the misleading calls was the [Conservative Party of Canada's] CIMS database.”

A Commissioner of Canada Elections investigation report on the 2011 election released in May of 2014 has been used to claim there was no widespread campaign of voter suppression. But that report has been shown to be “fatally flawed.”

“Other higher-ranking Conservative Party officials were most likely involved," says Dylan Penner, the Council of Canadians’ democracy campaigner. “The Conservatives have yet to reveal the list of people who had access to this database. Who are they protecting?”

For Barlow, it is time for the Harper government to come clean with Canadians.

“The Prime Minister still needs to answer some serious questions,” adds Barlow. “Did someone close to the Prime Minister authorize the use of CIMS for voter suppression in the 2011 election? If not, who did? How can he ensure that this will not repeat itself?”

Meanwhile, the so-called "Fair" Elections Act, which became law in June, only compounds these unresolved issues. The law forbids Elections Canada from promoting voting and includes strict guidelines on proving residency to vote. The Council of Canadians and the Canadian Federation of Students will be challenging the "Fair" Elections Act in court for infringing the constitutional right of Canadians to vote.

“Techniques such as using large-scale robocalls or live calls to mislead or defraud electors were already difficult to detect during the last federal election," says Garry Neil, executive director of the Council of Canadians. “The new law will make it harder for the Chief Electoral Officer to report on complaints received from voters and thus it will be nearly impossible to detect these tactics. That is why we will be challenging it in court.”

“While there are still far too many questions, the legal challenge of the 'Fair' Elections Act will hopefully bring us closer to finally getting some answers,” concludes Barlow.

Michael Sona
(01 of22)
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(credit:Handout)
(02 of22)
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Former Conservative party staffer Michael Sona runs from a news videographer while leaving court in Guelph, Ont. on Thursday, August 14, 2014. Sona was found guilty of trying to prevent voters from voting during the 2011 federal election. THE CANADIAN PRESS/Darren Calabrese (credit:CP)
(03 of22)
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Former Conservative party staffer Michael Sona runs from a news videographer while leaving court in Guelph, Ont. on Thursday, August 14, 2014. Sona was found guilty of trying to prevent voters from voting during the 2011 federal election. THE CANADIAN PRESS/Darren Calabrese (credit:CP)
(04 of22)
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Former Conservative party staffer Michael Sona leaves court in Guelph, Ont. on Thursday, August 14, 2014. Sona was found guilty of trying to prevent voters from voting during the 2011 federal election. THE CANADIAN PRESS/Darren Calabrese (credit:CP)
(05 of22)
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Former Conservative party staffer Michael Sona leaves court in Guelph, Ont. on Thursday, August 14, 2014. Sona was found guilty of trying to prevent voters from voting during the 2011 federal election. THE CANADIAN PRESS/Darren Calabrese (credit:CP)
(06 of22)
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(credit:Althia Raj)
(07 of22)
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Defendant Michael Sona walks to the courthouse in Guelph, ON, Wednesday, June 4, 2014, the the Robocalls trial. THE CANADIAN PRESS/Dave Chidley (credit:CP)
(08 of22)
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Defendant Michael Sona walks to the courthouse in Guelph, ON, Wednesday, June 4, 2014, the the Robocalls trial. THE CANADIAN PRESS/Dave Chidley (credit:CP)
(09 of22)
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Defendant Michael Sona walks to the courthouse in Guelph, ON, Wednesday, June 4, 2014, the the Robocalls trial. THE CANADIAN PRESS/Dave Chidley (credit:CP)
(10 of22)
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Defendant Michael Sona walks to the courthouse in Guelph, ON, Wednesday, June 4, 2014, the the Robocalls trial. THE CANADIAN PRESS/Dave Chidley (credit:CP)
(11 of22)
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Defendant Michael Sona walks to the courthouse in Guelph, ON, Wednesday, June 4, 2014, the the Robocalls trial. THE CANADIAN PRESS/Dave Chidley (credit:CP)
(12 of22)
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Defendant Michael Sona walks to the courthouse in Guelph, ON, Wednesday, June 4, 2014, the the Robocalls trial. THE CANADIAN PRESS/Dave Chidley (credit:CP)
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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.

Investigators are now looking into calls wrongly claiming to be from Elections Canada that redirected voters to a polling station they couldn't use. It's illegal both to interfere with a person's right to vote and to impersonate Elections Canada.

A year later, here's what we do know, according to court documents and information provided in interviews:

With files from CBC.

(CP)
(credit:CP)
1. Probe Started Early(14 of22)
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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 Frank Valeriote, compiled a list of almost 80 names of people complaining about the calls. News of the investigation didn't break until Feb. 22, 2012. (Thinkstock) (credit:Thinkstock)
2. RackNine(15 of22)
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All political parties use automated robocalls and live calls to identify voter support and contact people during a campaign. The campaign of Guelph Conservative candidate Marty Burke used RackNine, 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) (credit:Alamy)
3. Pierre Poutine(16 of22)
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The person who made the calls used a disposable, or burner, cellphone, registered to a "Pierre Poutine." 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) (credit:Alamy)
4. IP Traced(17 of22)
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Elections Canada traced the IP address used to access RackNine 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) (credit:Alamy)
5. Andrew Prescott Linked To Poutine IP(18 of22)
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Pierre Poutine and Burke campaign worker Andrew Prescott (pictured here with Tony Clement) accessed their RackNine accounts using the same IP address. 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(19 of22)
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A court document lists the billing account numbers for the customer information provided by Rogers to Mathews. Those accounts don't match 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?(20 of22)
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Two Conservative staffers, accompanied by the party's lawyer, told Mathews they overheard Michael Sona (pictured here with Stephen Harper), another Burke campaign worker, talking about "making a misleading poll moving call." 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?(21 of22)
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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 CIMS, the party's database, days before the election. The CBC's Terry Milewski had reported a similar pattern after sifting through complaints in 31 ridings. (credit:CP)
9. Deluge Of Complaints(22 of22)
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News coverage led to 40,000 people contacting Elections Canada one way or another -- 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. (credit:CP)
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