Thursday, July 19, 2012

Robocalls lawsuits will proceed

Late news out of the Federal Court: "Federal Court rejects Tory effort to prevent overturning of election results."
The Federal Court has rejected a bid by the Conservatives to prevent federal election results in a handful of tightly contested ridings from being overturned. The Tories argued in court last month that an application by the Council of Canadians to review the May 2011 election results in seven ridings is baseless and too late.
The court said the application raises serious issues about the integrity of Canada's electoral process.
The Conservatives have the right to argue that lawsuits should be tossed, under court rules, but I am glad to see that their tactic has been turfed here and the issues and evidence raised will get their hearing.

From the decision (h/t) (click to enlarge):

Just had a quick scan, reads as if the judge is acting out of caution so as to let the allegations be fully tried on their merits, in this novel proceeding, rather than putting a halt to the analysis at this stage.

The judge mentions the need to assess the admissibility of the evidence that has been presented (the statistical evidence that the Conservatives are challenging, for e.g.) in a full hearing (paras. 14, 41). The question of whether the applications were commenced "out of time" or not (paras. 15, 28) is also one best left to a full evidentiary record, said the judge.

Good news for now.