CPC Lied To Elections Canada On RoboCalls?

The corruption that is the CPC's actions in the 2011 election continues to fester.

The most recent instalment comes to us via Stephen Maher's latest column.

In an email May 1, party lawyer Arthur Hamilton told Elections Canada that Conservative call centre workers were not advising voters that Elections Canada had changed the location of polling stations, and that the party had not advised voters to go to a polling station an hour and a half from their home. 

But a report released by Elections Canada last month includes a script that shows the party’s callers were telling voters that Elections Canada had changed the location of polling stations, and investigators found one voter who was directed to a polling station 740 kilometres away. 

The report from Elections Canada found that there was no evidence of a conspiracy to prevent Canadians from voting, but comparing the script included in the report to emails obtained under access-to-information legislation raises questions about whether the Conservatives have been honest about their use of political calls. 

Hamilton sent his email to Elections Canada as the agency was fielding complaints from voters who had been given bad information about their polling station by Conservative campaigns. 

Elections Canada lawyer Ageliki Apostolakos emailed Hamilton on the evening of April 29.“In the course of the last half-hour, Elections Canada has heard that two representatives of the Conservative campaign office are communicating with electors in two electoral districts to inform them that their polling station has changed to another location,” she wrote. 

Hamilton replied 27 hours later, just after midnight on May 1. He wrote that because Elections Canada changed some polling station locations “a number of our candidates have had to confirm the proper location of polling stations to a number of supporters during their respective get-out-the-vote efforts.” 

“The calls being made by our candidates request the voter to confirm his or her polling location. There is no indication by the caller that the location may have changed, or words to that effect. And no voter is being directed to a polling location one and a half hours away from the correct polling location.” 

But a script included in Elections Canada’s report shows that workers at Conservative call centres were told to deliver the following line: “Elections Canada has changed some voting locations at the last moment. To be sure could you tell me the address of where you’re voting?” 

Elections Canada had asked the Conservatives not to communicate with voters about the location of their polling stations.

So, just how much did the CPC withhold from Elections Canada investigators?  A lot.  Enough to call into question the conclusions in the recent Elections Canada report which concluded that there isn't enough evidence to lay charges.

Down in the comments is a bit more interesting information from Nadine Lumley:

Pierre Poilievre owned a robocall company called 3D Contact Inc and was dating Jenni Bryne who controlled CIMS database during last election. 

"When Poilievre was running for election in 2004, he stated that he was co-owner of a political research company called 3D Contact Inc. According to the company profile, these 'contacts' were Stephen Harper, Ted Morton and Stockwell Day. His partner was Jonathan Denis, who later became Minister of Housing in the Alberta government." 

Micheal Sona, Director of Communications, was roomates with Chris Crawford, the person responsible for managing CIMS Database/List at the time. 

"Rougier was key member of the target seat team, working directly under campaign manager Jenni Byrne" His phone used to call Rack9  

The Rob Ford Campaign, aka part 2 of Steve's Ford BBQ trifecta hat trick wishlist, also used 3D Contact. 

http://blogs.ottawacitizen.com/2013/07/18/poilievre-brings-robocalls-expertise-to-new-job/
http://www.anonpaste.me/anonpaste2/index.php?5316b0ceba304db3#YH2hGWBgyB8ylA9eZfYSfM7U1mnnvELkutPzE6LkxcQ=
https://www.ic.gc.ca/app/scr/cc/CorporationsCanada/fdrlCrpDtls.html?corpId=6072305

Proof absolute?  Not quite, but enough to continue to call into question the CPC's claims of being "clean", and more than enough for voters to seriously question the motives behind much of what is lurking in the bowels of the "Fair Elections Act".

Robocalls Revived

With Michael Sona's trial expected later this year, the RoboCalls scandal has once again booted up, reminding Canadian voters of the corruption in the 2011 election.

The most recent thing to fall out of the back of that horse?  Apparently one of Sona's co-conspirators has just been granted immunity from prosecution in exchange for his testimony on what actually happened.

Prescott's name has come up in some of the court filings made by investigators from Elections Canada, although he has so far declined to be interviewed by them. 

Prescott, who was paid a $1,000 stipend for his work on the campaign, including IT services, was the main contact with RackNine, the company whose services were used to make the illicit calls. 

All political parties use robocalls, or automated calls, to reach voters. Robocalls are regulated but not illegal. The calls at the heart of the investigation in Guelph were illegal because Elections Canada believes they were meant to interfere with some voters' right to cast their ballots.

The extent of Mr. Prescott's involvement is but one part of the issues that this whole debacle raises.

First, this speaks volumes about the laws and the powers conferred on Elections Canada to enforce elections law and to ferret out electoral misconduct.  That Mr. Prescott has been able to "decline" to be interviewed by Elections Canada for this long is criminal.  Clearly Elections Canada lacks the teeth to carry out the investigations effectively.  There should be no "easy escape hatch" that enables someone to avoid being interviewed by investigators for years after an election that is suspect.

Second, it suggests that the notion of accountability in an election needs to be much different than it was.  Elections Canada should be able to seize any and all evidence related to an election campaign immediately - including e-mail records, financial records etc.  from campaigns the minute that there is a whiff of suspicion that there has been efforts to win the election by subverting the electoral process.

If you will, the Harper Government, and the CPC, have shown that they are willing to lie, cheat and steal to win an election.  Elections Canada needs to have the tools at its disposal to move to intervene in these matters without the parties being able to weasel around and hide facts, evidence and people involved.  

Seats where electoral fraud is alleged should be held as vacant until such times as the investigations are completed.  If that means the government is missing a few MPs for a while, too bad.  The price of running a crooked campaign should be high.  

RoboCalls Scandal - It's Still Alive

For those who had lost track of the Robocalls fraud perpetrated by the Harper Conservatives during the 2011 election, it hasn't gone away.

Harper has done an enormous amount of work to bury this case.  Not only have they fought the allegations tooth and nail, they have hobbled the ability of Elections Canada to fully investigate the scope of the malfeasance by stripping the agency's budget.  Ultimately, a low level party operative is now facing charges related to one riding.

That court case has been slowly making its way through the courts, and because of a publication ban in place, the ability of the public to find out precisely what is going on is extremely limited.

However, the good folks at the Ottawa Citizen have been paying close attention:

An Elections Canada investigator alleges he had reason to believe that Michael Sona admitted he was involved in misleading robocalls in the 2011 federal election and also alleges that the former Conservative Party campaign worker had hinted he didn’t act alone. 

Sona is the only person charged over the “Pierre Poutine” calls sent out to more than 7,000 voters in Guelph, Ont., on election day. 

These new but unproven allegations against Sona are detailed in a sworn statement from Elections Canada investigator Allan Mathews, which came to light Monday only after a judge issued a publication ban restricting the reporting of some of the statement’s details.

I personally find it difficult to believe that Sona came up with, and executed, this scheme on his own.

The Rot Starts At The Top

Regular readers of this space will know that I am no fan of Prime Minister Harper.  

Yesterday's revelation that a "boot camp" for new Conservative Senators explicitly told the new Senators that partisan travel was a legitimate expense makes me downright furious.

Three former Conservative senators at the heart of a spending scandal were given clear directions from their leader in the upper chamber that they could bill for certain partisan — that is, political — travel when they first arrived in the Senate. 

The directions were given during a two-day “boot camp” for new Tory senators that outlined expense-claim dos and don’ts, expectations for senators, and a warning to be careful with how they spent Senate money. 

Let me be abundantly clear here:  The Senate, and the House of Commons, exist for conducting the business of this country.  NOT the business of the Conservative Party of Canada or any other party.  That the Harperites would give explicit instructions about this tells us a lot - and none of it is acceptable.

First, that they would even state that any kind of partisan travel is an acceptable expense is plain wrong. It speaks to a degree of intent to abuse the system.  In essence, the new Senators are being told "break the rules, but don't get caught - nudge, nudge, wink, wink".  I suspect that if Duffy or Wallin had only done one suspect trip in a year, nobody would be particularly outraged.  It would fall under the "cost of doing business" kind of logic that most of us understand.  However, that isn't what happened.  Instead, these two Senators were put into a position where suddenly they were doing a lot of travel on questionable business, and apparently the CPC machinery wasn't willing to invest some of the millions it raises in donations every year into funding this travel.

Second, this is little different to me than the "How to Disrupt Parliament" manual that Harper handed out to his MPs back in 2006.  It speaks to a clear intent to abuse the privileges and rights of power for partisan gain.  Make no mistake about it, the tone in the party that makes this kind of abuse of parliament and taxpayers starts at the top - look in the direction of the PMO when assigning responsibility - the man at the top should be held accountable for this.

Like the Economic Action Plan ads which are really little more than CPC propaganda, what we have here is another example of a government which is willing to abuse taxpayer funds for partisan purposes.  Canadians are paying for Harper to publish partisan propaganda - no more, no less.  Now we find out that Harper's Senate appointees are being given specific instructions on how to abuse the funding of the Senate so that they can further their partisan work.  Makes one wonder just how much of the same kind of thing is going on in the House of Commons with his caucus.  (I know that I seldom see anything from my MP except for the occasional leaflet which is completely devoid of actual content)

More so than any Prime Minister before him, Harper has gone to enormous lengths to corrupt Parliament from the ground up.  From clear violations of Canada's election laws (remember the "In-and-Out campaign financing in 2006?), to electoral fraud in 2011(yes, I hold the CPC responsible for the Robocalls mess - their database was used for it, and I do not accept the "it was hacked" line), a manual for MPs on how to disrupt parliamentary business, a steady rebranding of Canada's government using CPC colours, and now we learn that the Senate has been instructed on how to abuse the finances provided to run that body.

I have seen a few apologists for the Harperites point to Mac Harb and a couple of other Liberal Senators and claim that "the system has been broken for years".  Yes, it has - no argument there.  The issue is the lengths to which Harper has abused the system, especially when he was elected in 2006 on a promise to provide Canadians with more open and accountable government.  He has provided anything but.  In fact, the corruption under Harper is far, far worse than what we have ever seen on any previous Prime Minister in living memory.

On The Ongoing Senate Scandal

As the summer wears on, more keeps dribbling out about the misdeeds of various Senators.  Whether we are talking about Wallin, Duffy or Brazeau the outrage that we direct towards these senators for their individual misdeeds should be directed in equal measure towards the man currently residing at 24 Sussex Dr. in Ottawa - Stephen Harper.

Remember, the key figures in this scandal were all appointed by Harper, and two of them served key roles during the 2011 election campaign - a period when it is suspected that Duffy was billing the Senate for the bulk of the travel expenses that could rightly be considered campaigning, and I have little doubt that Ms. Wallin's expenses are equally suspect during that same timeframe.

There is little doubt that Wallin and Duffy were appointed to the Senate by Harper because of their "star power" as part of the party fundraising apparatus.

The 2011 election is among the most controversial to ever take place in Canada.  Not only do we have an election where voters were deliberately misdirected away from the correct polling stations by "robocalls" which are widely understood to have been driven by data from the CPC's own voter information database, but now we are learning that Canadian taxpayers were effectively bankrolling CPC campaigning and fundraising efforts during the campaign through CPC Senators charging campaign related travel back to the Senate (presumably for "meeting with the community" over dinner or some other nonsense to justify the "Senate Business" aspect of their trip).  There have also been a number of CPC candidates whose campaign finances have been deemed suspicious - at least one a former cabinet minister who has since resigned and lost a byelection bid to regain his seat.

In short, the 2011 election gave Stephen Harper a majority not because he had the better platform, but because he lied, cheated and ultimately stole victory - and democracy - from Canadians.

My point?  Mr. Harper has fostered a culture of deception and entitlement within his party.  His "power at any cost" approach to things has created fertile ground for avarice and greed to become the dominant forces in his party.  Is there any surprise that we are finding CPC Senators with their snouts firmly in the public trough?  Mr. Harper is plainly responsible, and Canadians should rightly be absolutely furious with him for duplicity, dishonesty as well as picking our pockets.

While Senate Reform is a laudable objective to pursue, it cannot be credibly pursued by Stephen Harper - a man who has so clearly abused the trust of Canadians to such an extent.

Remember this next time you stand in a polling both with a pencil in hand and a ballot before you.

Not Just Chilling ...

I've talked before about the rise of corporate feudalism.  As it emerged in the Middle Ages, Feudalism was not entirely a bad thing - it created an environment where there was a structure to protect each other from the predations of others.

Sadly, what is emerging in the world of Corporate Feudalism is less about mutual protection and sharing of resources than it is about control.  Control of wealth, control of information and because it takes people to use information, control of people.

So, when a company like Chevron moves to gain access to the e-mail accounts of activists who have been protesting the company's activities in Central America, it comes as no surprise.  Should you be scared?  Absolutely.  Consider that Chevron is a corporate entity, not an agency of the law itself.  Where (in theory) a law enforcement agency is bound to treat the information gathered in the course of an investigation with a degree of caution, Chevron is not bound by any such constraints.  Should they choose to, they can not only access this data, but release it in whatever form suits their purposes; or mine it for information patterns that can be used against individuals and entire groups.

If that isn't terrifying enough, consider that the information used can easily be used to infer where an individual is at any given moment in time.

No, this isn't just chilling - it is terrifying.  The implications are far reaching, as it places information about private individuals in the hands of those whose interest in that information is at best questionable. If you accept the notion that the rule of law stays the hand of an overreaching state (something that is becoming ever more questionable), then we must ask what stays the hand of a transnational corporation when it has access to this kind of information?

The timing of this is particularly troubling for Canadians who have recently learned that their government has been compiling lists of "enemies", and using that information in ways that are as yet unclear.  If, at the level of our ministers they are gathering "enemy lists" (how delightfully paranoid of them), one can imagine what is going on at other levels of the power structure.  The Harper Conservatives' CIMS database is known to have played a key role in the Robocalls Voter Suppression Fraud.  What is to stop them, or any other entity which accrues an enormous database of information on  people from using that information as a weapon against people?  

We have to recognize further that these kinds of rulings affect far more than citizens of the United States.  It affects citizens of countries who utilize the services of these American organizations.  It gives a corporation which is willing to impose its own notion of "the rule of law" (would this be "rule of corporate policy"?) on people who are not in any way affiliated with the corporation.  Perhaps equally evil is the prospect that if anyone who protests a corporations actions is even remotely affiliated with that corporation, they could find themselves fired for activities utterly unrelated to their work.  Consider working for a company that Chevron owns.  It may not be branded as a Chevron company, it may be operating as a wholly owned subsidiary.  An employee of that company could find themselves terminated for "acting against the interests of the company", not because they had taken actions against their direct employer, but rather because they chose to protest the actions of the company that owns their employer - a fact that they may not even have been aware of.  Consider, for a moment, in Canada, the Petro Canada brand is owned and operated by SunCor now.  That isn't apparent from the public branding of the stations, and I would suspect that a lot of employees who work at those stations are unaware of that relationship.

Freedom of speech is a legitimate right.  The question that we now have to start asking is whether we are willing to grant corporations the right to engage in surveillance - either in the present or retroactively.  In the absence of meaningful ways to stay the corporate hand's reach in today's world, I believe that we need to think very carefully before handing over information of any sort to these entities.  More importantly, there is a very real dialogue that must occur as to the extent of the rights and privileges accorded to these entities and how the structures to ensure that they do not overreach should be enacted.

RoboFraud Ruling

Late yesterday, the Federal Court handed down its ruling on the 2011 Robocall Voter Suppression tactics that played out in several ridings.

Electoral fraud occurred during the last federal election, a federal court judge ruled on Thursday, but there is no proof that it affected the outcomes in six ridings at issue, so the elections will not be overturned.

Read more: http://www.canada.com/Federal+judge+confirms+election+fraud+2011+vote/8427519/story.html#ixzz2UDRApUl0

While I understand that the judge is ruling in essence that the degree of fraud that took place in 2011 wasn't sufficient to justify overturning the results of the election in those ridings, I have to disagree with his conclusions.

First, I think that the ruling overlooks the consequences of voter suppression tactics for Canada's democracy.

Fundamentally, it calls into question the validity of the results of the election not just in the ridings where these games were played, but across the country.  Fraud, no matter the degree, is an explicit and intentional abuse of the electoral system itself.  To prevaricate about "the degree" to which a party engaged in fraud during an election is basically giving the party in question a license to continue using those tactics.  This calls into question the validity of any future elections with that party involved.

Second, the awareness that fraud took place in the last election tells those who vote against that party that their votes will be marginalized even further.  That is a guaranteed way to encourage more voters to simply stay at home - mostly on the basis of "why bother - it's all rigged anyhow".  I cannot blame them when a years-long court battle over known electoral fraud and misdirection ends up with a ruling that is a "split down the middle".

Federal Court Judge Richard Mosley ruled that the calls “struck at the integrity of the electoral process by attempting to dissuade voters from casting ballots for their preferred candidates. This form of ‘voter suppression,’ was, until the 41st General Election, largely unknown in this country.” 

The evidence points to “a concerted campaign by persons who had access to a database of voter information maintained by a political party,” Mosley writes, but says there was no allegation that any of the candidates in the six ridings were responsible for the campaign. 

“I find that electoral fraud occurred during the 41st General Election but I am not satisfied that it has been established that the fraud affected the outcomes in the subject ridings and I decline to exercise my discretion to annul the results in those districts.”

Read more: http://www.canada.com/Federal+judge+confirms+election+fraud+2011+vote/8427519/story.html#ixzz2UDUioi1Y

Frankly, I don't give a damn whether any of the candidates started the campaign of voter suppression or not.  The fact that the party obviously provided access to their database of voter information is enough in my opinion to call the entire thing into question.  Corruption is corruption.  I don't care if it starts with the individual candidate or some committee in the party campaign war room.  Fraud at either end is still fraud.  The guilty party should be held accountable for its actions.

More to the point, Canadians have a right to expect that their elections are free and fair.  Attempting to persuade voters of the platforms of various parties and candidates is fair ball.  Attempting to discourage or outright prevent voters from voting is NOT.

“In reaching this conclusion, I make no finding that the Conservative Party of Canada or any CPC candidates or RMG and RackNine Inc., were directly involved in any campaign to mislead voters,” he ruled. 

“I am satisfied, however, that the most likely source of the information used to make the misleading calls was the CIMS database maintained and controlled by the CPC, accessed for that purpose by a person or persons currently unknown to this court.”

Read more: http://www.canada.com/Federal+judge+confirms+election+fraud+2011+vote/8427519/story.html#ixzz2UDWKbAlF

Whether the judge realizes it or not, he has essentially given the green light to further voter fraud next election.  What he has said boils down to a rather juvenile "It doesn't matter what you do, just don't get caught".  I've heard teenagers use this kind of logic to justify some pretty destructive acts ... and then they get caught.

There should be enormous consequences for this kind of violation for all parties involved.  If the Conservatives provided access to their CIMS database for this purpose, they should be held accountable.  PERIOD.  I don't care if it was the party which did it "officially" or if some agent of the party did it "under the table" - it doesn't matter.  If the party hasn't got adequate access controls on their database, they need to fix that; if they don't have adequate controls over who gets access to that data, that's their problem too.  Ultimately, the party has fought tooth-and-nail against this, meanwhile it's been painfully clear that one of their operatives decided it would be a good idea.  The party - and its leadership - set the tone which led someone to think that electoral fraud was acceptable behaviour.  It should be held accountable.   If you can nail it down to the individuals who perpetrated this, so much the better - hold them to the fire as well.

The courts have dropped the ball on this one.

In a related note, I would point out that the recent Alberta election had the Wildrose Party abusing the robocall mechanism as part of their campaign.  At least they are being held accountable for this.  Granted, WRP hasn't been accused of electoral fraud here.