II. Background [7] These applications were brought ten months after the election. Complaints about misleading and harassing calls had been made to Elections Canada both before and during the election day on May 2, 2011 but the matter did not attract much public attention until, in late February 2012, journalists found in an Edmonton court file an “Information to Obtain a Production Order Pursuant to Section 487.012 of the Criminal Code” (“ITO”) sworn by Allan Mathews, an Elections Canada investigator. The Mathews ITO became a public document after a return was made to the court on the execution of the production order. The media then began to report widely that Elections Canada officials were actively investigating complaints made during and after the election. [8] The Mathews ITO was filed to obtain records from an Edmonton-based company called RackNine Inc., in relation to complaints by voters that there had been efforts to suppress votes in the electoral district of Guelph, Ontario. Mr. Mathews described the nature of the complaints as follows: Individual electors have described to me receiving telephone calls around 10:00 hours of the morning of May 2, 2011. The caller was usually described as a recorded female voice giving a bilingual message, who claimed to be calling on behalf of Elections Canada. The English message received by electors is as follows: This is an automated message from Elections Canada. Due to the projected increase in poll turnout your voting location has been changed. Your new voting location is at… Once again your new poll location is at… If you have any questions please call our hotline at 1-800-434-4456. We apologize for any inconvenience that this may cause. 2013 FC 525 (CanLII) Page: 7