V.
VI.
I.
(4)
The evidence of Ms. Desgagné and Mr. Langhorne ..................... 67
(5)
The EKOS Survey Evidence......................................................... 71
(6)
Dr. Corbin’s evidence ................................................................... 78
(7)
Dr. Nevitte’s evidence................................................................... 83
(8)
Evidence of the respondent MPs’ campaign managers ................ 86
Conclusion on the Merits ...................................................................................... 86
A.
Has “fraud” under Section 524(1)(b) been made out? .............................. 86
B.
Did the fraud affect the results of the election in the six subject ridings? 89
C.
Did the fraud call into question the integrity of the elections? ................. 90
D.
Should the Court exercise its discretion to annul the elections? ............... 92
Costs...................................................................................................................... 93
Introduction
“…very serious matters that strike at the integrity of our democratic process.”
[1]
In his remarks to the Standing Committee on Procedure and House Affairs of the House
of Commons on March 29, 2012, Mr. Marc Mayrand, Chief Electoral Officer of Canada, made
the following comments about the allegations that are at the heart of these applications:
These are very serious matters that strike at the integrity of our
democratic process. If they are not addressed and responded to,
they risk undermining an essential ingredient of a healthy
democracy, namely the trust that electors have in the electoral
process.
[2]
The applicants, eight Canadian citizen voters residing in six electoral districts, brought
these proceedings to annul the results of the 2011 General Election in their ridings because of
efforts to suppress votes that occurred during that election. Those efforts involved telephone calls
purporting to be from Elections Canada. In the calls, voters were told that the locations of polling
stations in their districts had been moved from the places specified in the printed information
provided by Elections Canada prior to the day of the vote. The information was false and
Elections Canada neither made nor authorized those calls.
2013 FC 525 (CanLII)
Page: 5
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