Duffy, Sona, Finley, and Lunn

Three live accounts from CBC, CTV, and the Ottawa Citizen covering Mike Duffy's allegations under oath at his trial that :
1) Con campaign chair Doug Finley's "black ops" team perpetrated the Saanich-Gulf Islands robocalls in the 2008 federal election (Dec. 10 testimony) and 
2) Doug Finley said Sona could not have perped the Guelph robocalls in the 2011 election because he hadn't taken their black ops course. (Dec. 16 testimony)

John Paul Tasker, live blog at CBC  Dec 10 2015 10:01am :

"[Gary] Lunn met with Duffy and a lobbyist for Molson (big sponsor of the Olympics) at Hy's steakhouse in Ottawa. He wanted to discuss his 'election problems.' Duffy says Lunn was concerned, he had only squeaked by in the last election. 'He wouldn't have won without the intervention of Doug Finley's black ops at headquarters ... They used robocalls to misdirect NDP voters headed to the polls,' Duffy says, the Conservatives knew who all the NDP supporters were (because of their voter database), they made targeted calls to NDP urging them to vote for the NDP candidate. Problem is, the NDP candidate had dropped out after the deadline to withdraw, would still be on the ballot. Lunn told Duffy he had no idea he just a call after from HQ 'saying you're welcome Gary.' " 

"Lunn wanted Duffy to come out for 'third party validation,' to help him win over non-Conservative voters, because it had been so close last time and he had only won because of Finley's dirty tricks."  

John Paul Tasker, liveblog at CBC, Dec 16 2015  1:08 pm today :

"Turning now to June 18, 2009. 'Duty entertainment' with Gary Lunn at Hy's. ... This is the meeting where you described election fraud, Holmes said. Duffy said I didn't say it's election fraud, I said they mobilized robo calls to confuse NDP voters, I'm not a lawyer, I'm not sure if it's fraud, they thought it was clever. Did you think it was clever? I didn't think about it too much. That's why Lunn told me 'I was hanging on by my fingernails,' please come out and help me on labour day to win by riding. Duffy says the motivation to invite me out was for me to help him with campaigning. Would Harper have known about Doug Finley and his black ops? I have no idea. Duffy says I have no knowledge if Harper knew about those robocalls."

"Duffy says robo calls or misdirecting goes on in every party especially during leadership races; Duffy says parliament hill is rife with stories of manipulation. Holmes says did you keep Lunn's story to yourself. Yes. You didn't see it fit to go to Elections Canada to report this? No. Lunn only knew that he got a phone call when someone says 'you're welcome.' 

Duffy says when Michael Sona took the fall for the robo calls in Guelph [in 2011], Doug Finley flew off the handle. 'He hasn't taken our courses,' on black ops, 'he wouldn't know enough to do this,' Duffy says Finley said."

Katie Simpson, live blog at CTV  Dec 16 2015 today :

"Duffy says members of Conservative political "black ops" teams went to international conferences to learn tactics.

When Michael Sona robocall story broke, he was with Doug Finely. Duffy says Finley said "this kid doesn't know enough"

Duffy says Finley said that Sona hadn't been on this course."

Kady O'Malley, live blog for The Citizen on Dec 10, re Saanich-Gulf Islands in 2008 :

"The only way Lunn hung on to that seat, according to Duffy, was through the "black ops" robo-calls campaign to misdirect NDP voters, which was, he recalled, perpetrated by then-Conservative campaign chair Doug Finley."

Today in her Ottawa Citizen blog however, after she quotes Duffy : 

"Doug Finley "raced out" saying that Sona "couldn't be guilty" as he hadn't been on their course."

she writes :

But Duffy *now* concedes that at no point was Finley mentioned during the meeting at Hy's -- Lunn just told him about the subsequent phone call saying "you're welcome."

So just to clarify, Duffy is now backing away from his headline-ready anecdote last week about Doug Finley's black ops teams in Saanich, which now seems to be a conflation of separate stories, but which he acknowledges he didn't share with anyone else, including Elections Canada. (Nor does he seem to have been particularly surprised or appalled by the revelation.)"

Back in February 2012 before he went under the Con bus, Duffy was busy attempting to deflect blame away from the Conservatives about the 2011 election robo/live calls : 

“I don’t believe it was the Conservative Party. But if something is going on, don’t forget, we have all these other groups,” Mr. Duffy said. 

“People have to remember that it’s not just political parties that are operating during a federal election campaign,” he added. “Under the law, we have all kinds of interested third parties that are operating in election campaigns, and I think that’s where we have to be careful. People are throwing stones but there have been third parties that have been attacking Conservatives as well as Liberals and New Democrats.”

Nice try but third party operations are not necessarily independent of the parties they support.
Also notable that Duffy mounted this handy 2012 deflection for the Cons nearly three years after his 2009 meeting with Lunn and his presumed knowledge of Con campaign chair Finley's alleged "black ops" operations in Saanich-Gulf Islands that he never mentioned to Elections Canada.

An excerpt on the 2008 Saanich-Gulf Islands robocalls pilot project from the documentary Election Day in Canada : The Rise of Voter Suppression is online here. 

With Harper now out of office, the media is bored with the whole business of election fraud because it's never going to happen ever again, right?  After Elections Canada determined there had been a widespread campaign of electoral fraud targetting non-Conservatives in at least 247 ridings, they closed their puny investigation and declined to put it before the courts.

Democracy Watch is taking the Conservatives to court because government lawyers won’t. 

If you have a few bucks to spare, kick them over a donation towards their court costs at the link.

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Sunday update : Duffy testimony sparks call for investigation of Saanich robocalls
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Another reason to fight the Fair Elections Act

Duff Conacher, Founder of Democracy Watch, on the Fair Elections Act. 
Democracy Watch has a list of "10 really unfair measures in the so-called 'Fair Elections Act' " and a letter you can send to federal leaders here. C'mon, guys, surely we can do better than just 36,000 letters.  

The Cons' contention that the universally negative response to their Bill C-23 is uninformed and hysterical took a big hit today when former AG Sheila Fraser weighed in : 

Ex-watchdog Sheila Fraser slams bill as attack on democracy

'It's just astounding to me,' former auditor-general says of Tories' proposed election law overhaul

"Elections are the base of our democracy and if we do not have truly a fair electoral process and one that can be managed well by a truly independent body, it really is an attack on our democracy..."

Ok, on to my point ...

Fraser has a similar list of complaints to Conacher and also mentions another shortcoming I haven't seen much discussed - that the chief electoral officer will now have to seek prior Treasury Board approval to enter into contracts with people with specialized or technical knowledge.

In June 2011, EC investigator Alan Mathews was looking for Pierre Poutine among VOIPs and proxy servers - a field he knew nothing about. As he said in his ITO : "I relied upon [Simon] Rowland, a subject matter expert in the area of call center systems, telemessaging and telecom product development and network engineering." 

That subject matter expert was the one who provided this analysis : 

"So it's not just what was reported so far -- that the Poutine account and Prescott account were accessed by the same IP within 4 minutes of each other during the middle of this night. It's also that on three separate occasions, someone with both the Prescott and Poutine account passwords used the same browser window to log into both accounts."

I'm guessing if Elections Canada had had to go cap in hand to Tony Gazebo at the Treasury Board for permission to hire that guy and his "specialized or technical knowledge", it never would have been approved and we never would have heard anything about it.

‘Pierre Poutine’ robocalls case: Prescott has given evidence about Michael Sona, Ken Morgan 

and it ain't pretty but catch the explosive end of the McMaher piece :

A national investigation into allegations of dirty political calls has been under way for more than a year. Elections Canada had planned to wrap up that investigation by March 31. On Thursday, spokeswoman Diane Benson declined to say whether it is ongoing.

That report has been postponed until after the 2015 election because of the introduction of the Conservatives’ election bill.
The agency would not say when if ever it will report on the national robocalls investigation.

Friday 11am update : This morning the above McMaher story was changed in the two slightly different versions previously posted at NaPo and canada.com. and is only slightly less explosive.
The NaPo one, listing only Maher, now currently reads :

A national investigation into allegations of dirty political calls has been under way for more than a year. Elections Canada had planned to wrap up that investigation by March 31. On Thursday, spokeswoman Diane Benson declined to say whether it is ongoing.

The agency was expected to include information about that investigation in a “compliance and enforcement mechanisms” report to Parliament this spring.

Benson said the agency has decided not to report until after the next election.
“In light of the government’s announcement in the fall that it would introduce comprehensive legislative reform, Elections Canada decided to postpone the general enforcement report until after the next general election,” she said. “This was necessary not only to focus our attention and resources on the announced reform, but also of the difficulty of engaging stakeholders simultaneously on a parallel initiative.”

while the McMaher one on canada.com goes : 

An Elections Canada report on “compliance and enforcement mechanisms” that was scheduled for this spring has been postponed until after the 2015 election because of the introduction of the Conservatives’ election bill.

That report had been expected to include information on the national robocalls investigation. On Thursday, a spokesman for the agency would not say when any report on that investigation would be released.

 

with thanks to Salamander in comments for the updated version.

As deBeauxOs says : It's #Harper's Fraudulent Voting Reform Act, another #CON!

Friday update :From yesterday: Trapped in a Whirlpool : Parliamentary Civil Disobedience. 

To the Opposition : Go big or go home, stand up for Canadians or be judged harshly by history.

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RoboConjob Disclaimer : No voters were harmed in the making of this election fraud

McMaher and CBC's Terry Milewski report on this week's  release of internal emails between an alarmed Elections Canada and a stonewalling Con Party lawyer Arthur Hamilton.
Turns out EC officials' were reporting on a robocall "scam" in a "dozen ridings" across "at least 6 provinces", starting three days before the last election.
Four months later Chief Electoral Officer Marc Mayrand was still publicly referring to them as "crank calls".

Milewski :

"Ever since the scandal broke, the Conservative line has been it was just a rogue operation in one riding, in Guelph of course, and that otherwise they ran a clean and ethical campaign. So no systematic campaign by the central party as a whole - that's the point of their position."

However ...

"Elections Canada kept track of the complainants' caller ID of the people who phoned in saying : hey I'm getting these crazy calls - what's going on?
Check your caller ID - what's the number? Where did these calls come from?

And they called those numbers -the whole list of them all over the country, different area codes, all over - and guess what? The same voice was on the voicemail of all of them which said : " Thank you for calling the Conservative Party."

So all of that suggests that this was not one rogue operation in Guelph but it was a wider scheme to suppress votes."

Uh oh. Time for a new Con defence position :

No evidence anyone failed to vote due to misleading calls, say the 6 Con MPs facing a separate legal challenge to their respective election victories

The Cons have apparently given up claiming innocence in election fraud and are now just going with  "no harm, no foul"- an illegal move ignored by the ref because in his opinion it didn't change the outcome of the play.

Now here's "no harm no foul" again - this time from the Commissioner of Elections Canada when he dismissed the complaint that US rightwing Front Porch Strategies violated the Non-interference by Foreigners clause of the Canada Elections Act when they went door-knocking and manned phonebanks in a Canadian campaign office.

After stating that it's just too darn difficult to investigate voter interference by foreigners because they're foreigners, the Commissioner concluded :

"No complaint to this office provided a basis to believe that any elector was actually induced or affected in their voting behavior due to the activity complained of. It is the Commissioner's view that ... it is not in the public interest to pursue this further."

No harm, no foul ever, apparently, in the case of foreign interference.

RoboCon Pilot Project Flashback : Environmentalist Briony Penn lost the 2008 election when taped robocalls advised Saanich Gulf Islanders on the eve of the election to vote for a candidate who had very publicly dropped out 3 weeks earlier. Seems 3700 voters did just that, likely throwing the election to Con MP Gary Lunn who consequently won by a 2,625 vote margin.

Ok, some harm there for sure, huh? Definitely a foul.
Wait for it ...

Elections Canada stated it had "…found no one who had actually been influenced in their vote because of the purported telephone call, nor was he [the Elections Canada representative] able to identify the source or the person or persons who actually made the calls."

Penn :

Our riding association and the citizens’ groups continued to push Elections Canada for over a year. My last personal email inquiry elicited this response in March of 2010: "In this case, this Office examined thoroughly the complaints received and advised the complainants that there is no evidence that the Canada Elections Act has been contravened."

No harm, no foul, another big dollup of we-couldn't-figure-it-out-so-screw-it, and hence no mention of it in the Elections Canada 2008 report.

Democracy Watch would like to know what happened in 3,000 other rulings EC has made over the last 15 years and they have a letter and petition calling for "a law to stop false election robocalls and strengthen election law enforcement".
As Pogge says : only 56000 signatures? That's the best we can do?

Go.
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