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[9]
Mr. Mathews further deposed that Elections Canada does not telephone individual
electors and did not make the calls in question. The assertion that the polling stations had been
Mathews’ belief, wilfully prevented or endeavoured to prevent an elector from voting contrary to
paragraph 281(g) of the Act. As a result, he alleged, offences had been committed contrary to s
491(3)(d) and s 482(b) of the Act.
[10]
Media accounts subsequent to the publication of the Mathews ITO reported that similar
illicit telephone calls had been reported in other ridings. On March 15, 2012 the Chief Electoral
Officer, Marc Mayrand, issued a statement: “Chief Electoral Officer of Canada Addresses
Allegations of Wrongdoing During the 41st General Election”. Mr Mayrand’s statement
indicated that Elections Canada had, as of that date, received over 700 complaints from
Canadians describing specific circumstances where they believed that wrongdoing had occurred
during the 41st General Election. As of the date of Mr. Mayrand’s appearance before the
Standing Committee on Procedure and House Affairs two weeks later, on March 29, 2012, close
to 40,000 Canadians had contacted Elections Canada to express their concerns in response to the
media reports.
[11]
This was the context in which these applications were filed with the Court. They contest
the results of the election in the six electoral districts of Elmwood-Transcona, NipissingTimiskaming, Saskatoon-Rosetown-Biggar, Vancouver Island North, Winnipeg South Centre
and Yukon.
2013 FC 525 (CanLII)
changed was untrue. The making of these calls by a person or persons unknown, in Mr.
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