Democracy Watch announced it will launch a private prosecution against the Conservative Party for its role in the 2011 "robocalls" scandal, which misled some Canadians to go to the wrong polling stations in key ridings.
The group decided to take action after government lawyers refused to press charges.
At the time of writing, Democracy Watch is focusing legal efforts on one individual at Conservative Party Headquarters who booked calls that gave voters across the country incorrect polling station locations— even after Elections Canada warned all political parties not to engage in such activities during the 2011 campaign.
“The Commissioner of Canada Elections and Director of Public Prosecutions have clear evidence that the Conservatives made election robocalls that misled voters, which is a clear violation of the federal elections law, but they won’t prosecute. So Democracy Watch will, to ensure the violators are held accountable for their wrongdoing,” said Duff Conacher, co-founder of Democracy Watch and visiting professor at the University of Ottawa, in a media release dated July 23.
So far, the robocalls scandal has resulted only in the conviction of Michael Sona, who was sentenced to nine months in jail in a case that Conacher said was based on relatively weak evidence.
His offence was putting out a robocall aimed at preventing 6,000 voters in the Guelph region from casting their ballots, resulting in
150-200 people being successfully tricked, according to a CBC article dated Nov. 19 2014.
Sona aside, Conacher said that the elections commissioner found that 27 per cent of voters in one sample received misleading voting information, a snapshot from a Canada-wide operation.
As a result, the Conservatives, Sona excepted, were let off the hook despite extensive evidence that they deceived voters across the country.
According to Conacher, the commissioner refused to disclose rulings on past elections-related complaints and an
audit of the 2011 campaign revealed systemic enforcement problems.
In response to the commissioner’s secrecy, Democracy Watch filed a complaint with the federal Information Commissioner about the refusal to disclose his rulings on past election complaints that totaled roughly 3,000 since 1997. Conacher said that the commissioner refused because some of the rulings might make him look bad.
“The failure to disclose these rulings makes him look even worse because he’s covering up biased or ineffective enforcement in the past,” said Conacher.
In his view, a successful prosecution was all the more urgent in the run-up to the Oct. 19 election, as the chances of another robocall scandal remained high.
Democracy Watch throws the book at Conservatives over robocalls | National Observer