The Curious Case of Michael Sona

These few lines at Radio Canada and Adam Donaldson's Guelph Politico Blog are the only mentions I have found anywhere that Michael Sona, convicted of aiding and abetting unknown perp(s) in an unsolved crime of unknown proportions, lost his sentence appeal on May 18 and headed back to jail to serve out his nine month sentence.

Sona, with nothing to deal and no electronic or material evidence of his guilt produced at his trial, was such a likely fall guy.  

A couple of weeks before the 2011 election, CPC HQ had sent him out to halt voting at a special election poll at Guelph U that CPC HQ disputed the legality of and his name hit the media bigtime.

Elections Canada's investigation into the robo/live calls misdirecting voters across two thirds of the ridings in the 2011 federal election appeared dead in the water in 2012, but public interest was rekindled when reporters Stephen Maher and Glen McGregor exposed "Pierre Poutine" as the perp and the robocall company RackNine as the source of the calls into Guelph. 

Con Party robocaller Matt Meier of RackNine - you might remember him from the dubious Con Party 2013 Saskatchewan election boundaries robocalls debacle - traced the missing Poutine evidence on the RackNine hard drives and fired it off to EC investigator Al Mathews, along with a heads up to CPC HQ. Months earlier he'd sent another heads up to Andrew Prescott, Sona's Guelph campaign co-worker.

Then out of the blue on Feb 23 2012, Brian Lilley announced on Sun News that 
1) the Cons had identified Sona as a suspect, 
2) Con Party lawyer Arthur Hamilton was on the case, and 
3) Jenni Byrne had given Sun News a statement denying CPC HQ involvement. 

A shocked Sona called everyone he knew at CPC HQ to find out what was going on. According to Sona, CPC lawyer Arthur Hamilton called him back and told him not to worry about anonymous sources. 

Hamilton subsequently delivered a sixpack of Con staffers to Al Mathews and sat in on their interviews on the CPC's behalf as they told their stories of Sona asking how to pull off an anonymous robocall and later bragging of having pulled off the Pierre Poutine robocall scheme, the latter details of which were by then widely available in the media.

Elections Canada dropped their investigation into other suspects and ridings and the RCMP granted immunity from prosecution to the Crown's star witness Andrew Prescott. Prescott's "evolving" testimony at trial - Sona's post-election toast to "Pierre", burner phone packaging in Sona's waste bin, and Sona's euphoric election morning office announcement "it's working, it's working" - the Crown stressed several times, "should be approached with caution". 

The three minute difference between the end of a 4:12am Election Day Pierre Poutine log out at RackNine as Client 93 and a 4:15am Andrew Prescott log in from the same IP address in the Guelph campaign office as Client 45 was never adequately explained at trial. 
However Prescott testified that sometime before 7pm that same day, an hour before polls were to close anyway, Guelph campaign chief Ken Morgan handed him the Pierre Poutine RackNine account log in info and instructed him to put a stop to the "Counter Fake EC" robocall. 

Mr. Morgan later decamped to Kuwait without ever being interviewed by Elections Canada and Mr Prescott destroyed the Guelph campaign computers.

Sona did not testify at his trial, as is his right, after repeatedly maintaining his innocence of the charges against him and therefore his lack of knowledge as to who else might have been involved. His lawyer Norm Boxall was confident they'd won their case according to Sona, given the lack of any material or electronic evidence connecting Sona with either RackNine or Pierre Poutine or a CIMS list of non-supporters. Sona did not have access to CIMS.

On August 14 2014 however, Justice Gary Hearn found that, while apparently not acting alone, Sona authored the initiating email to Racknine and purchased one or more of the various credit cards and the burner phone in order to direct Guelph voters to the wrong polling station on May 2 2011. He believed the testimony from the Conservative staffers and campaign co-workers, or rather, as he stated in his summation, he could not believe the Conservative staffers and co-workers made it all up.

In sentencing Sona in November 2014, Hearn found that despite defence lawyer Norm Boxall's characterization of Sona's actions as possibly a "prank gone terribly wrong", nine months in prison was :

"necessary in order that the public and particularly those involved in political campaigns at any level will appreciate that the courts regard this type of activity as criminal and to be treated seriously."

So off Sona went to jail and was back out on bail pending appeal of his sentence which he has just subsequently lost.

Guelph resident Susan Watson wrote the following day in the Guelph Mercury :

"Sona certainly didn’t access non-supporter lists in Winnipeg South Centre, Saskatoon-Rosetown-Biggar, Elmwood-Transcona, Nipissing-Temiskaming, Vancouver Island North and Yukon. In a court case involving these six ridings, Justice Richard Mosley found that “misleading calls about the locations of polling stations were made to electors in ridings across the country, including the subject ridings.”

If he knows who it is he is doing time for "aiding and abetting", Sona isn't saying. 

Stripped of their in house authority to prosecute election offences courtesy of Harper's 2006 Federal Accountability Act, and with the no longer independent Commissioner now housed under the Attorney General's roof courtesy of the Fair Elections Act, Elections Canada has quietly rolled over and gone back to sleep. 

The website for Peter Smoczynski's documentary film Election Day in Canada : The Rise of Voter Suppression has two new interesting pieces on Sona :

Sona on his realization he had been pegged as a suspect, and

Stephen Maher's reflections on Sona as a fall guy after his conviction, in the film's trailer


Also see Michael Harris : 'I'm Tired': Michael Sona on robocalls, his suicide attempt -- and the road back
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Saanich-Gulf Islands - perhaps not quite Ground Zero after all

Saanich Gulf Islands in 2008 is widely perceived by many to be "ground zero for election fraud in Canada", as Elizabeth May puts it. Not only did the perps successfully pull it off but Elections Canada's botched investigation demonstrated it could be done in future elections with impunity.

The scam comes in two parts. (Wet coasters may want to skip this bit.)
1)Robocalls
Environmentalist and SGI Lib candidate Briony Penn lost in the 2008 election when robocalls from the US spoofed the NDP campaign number and encouraged SGI voters to vote for the NDP candidate who had very publicly dropped out 3 weeks earlier but too late to have his name removed from the ballot. Some 3700 voted for him and Con MP/TarSands Minister Gary Lunn bested Penn by a 2,625 vote margin. 

The alternative theory is that pissed off NDP voters voted for their candidate anyway to spite the Liberals who outed him for inappropriate skinny dipping and body painting behavior 12 years earlier in 1996, causing him to drop out of the race. 

“The Liberal Party did that,” the director of communications for the Liberals B.C. campaign Brad Zubyk said, though he denied deserving credit himself. “It's all public domain. Quite frankly, we don't apologize for it. None of this is particularly hard to find.”

Either way, Elections Canada closed their investigation after failing to determine whether anyone "had actually been influenced in their vote because of the purported telephone call", and because "evidence of the actual source of the calls and the person or persons who made them would be required."   
Same reasons EC gave for concluding their election fraud investigation in 2011. 

2) Third party advertisers. 
Your previously unheard-of go-to people when a campaign has maxed out their allowable EC spending limit and there's a need for a last minute proxy ad buy in local papers and radio before Election Day, after which they vanish in a puff of smoke til next election.
Of the 50 odd third-party groups registered with Elections Canada in 308 ridings across Canada in 2008, five were registered in Saanich-Gulf Islands. The first four on the list below all shared the same financial agent and registered under the law firm address and phone number of Bruce Hallsor - former Canadian Alliance Party candidate, Gary Lunn supporter, and Conservative riding association VP . 

• Economic Advisory Council of Saanich  - Patricia Trottier, sole financial contributor, c/o Bruce Hallsor’s law office at 800-1070 Douglas St., Victoria
• Dean Park Advocacy Association  - Ralph Bodine, contributors Ralph and Linda Bodine c/o Hallsor law office
• Saanich Peninsula Citizens Council  - Dana Dickinson c/o Hallsor law office
• Citizens Against Higher Taxes  - Lynda Farmer c/o Hallsor law office
• Common Sense Advocacy of Victoria  - Donna Evans

Before Andrew MacLeod at The Tyee added Citizens Against Higher Taxes to his list, there were only four on it. At that time Hallsor told him that while Dickinson of Saanich Peninsula Citizens Council :

"did some advertising in 2006 - the other three were new for this election."

Not that new.

In 2006 in Victoria - the riding right next to SGI - crown prosecutor and Con MP-hopeful Robin Baird got some election advertising help from Common Sense Advocacy of Victoria. On their January 2006 Elections Canada Third Party Advertising Report, Common Sense Advocacy lists Donna Evans as financial agent and the address is once again ... wait for it ...   Bruce Hallsor's law office.  

Donna Evans is married to Robert Evans, Gary Lunn's fundraising chair for Saanich-Gulf Islands electoral district association. Lunn's VP was Bruce Hallsor and his riding president was then-Environment Minister Jim Prentice's sister.   
MacLeod :

"Robert Evans is the vice-president of Community Marine Concepts, which is seeking a license from the province to occupy 2.63 hectares of Victoria Harbour with a marina for 80-foot to 120-foot yachts.  The company is working on the proposal with Alberta-based WAM Development Group. Getting the license requires approvals from various provincial and federal agencies ... Hallsor has registered to lobby on behalf of WAM."

and is still the registered lobbyist for WAM in 2015 : 

• Application of transport regulations related to use of the Victoria Harbour

G&M : "... when a minister gets lobbied by his own campaign manager, who is acting for his fundraiser, it certainly looks bad. "

Likewise, when local opponents to the mega-marina ask the riding president's brother, the Environment Minister, for an environmental assessment and are refused - also not good.

In 2006 Bruce Hallsor formed the BC Conservative Club ; by 2009 he was also the BC Liberal constituency association president for Victoria – Beacon Hill. In a treatise I can no longer find online, Hallser argued that federal conservatives should vote for BC Liberals.  

It's a small, small, small LibCon world out here in BC. A lot of it is about money. I reckon the 'ground zero' elections shenanigans event horizon goes back further than most of us can remember.

Thursday Update : Deep Climate : Conservative Democracy Deficit on Vancouver Island
A very thorough and detailed look that I had read four years ago and forgotten about.
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Election Day in Canada : The Rise of Voter Suppression

The Script&Film Company's EDayFilm "Election Day In Canada: The Rise Of Voter Suppression" is travelling across Canada visiting communities where live and robocalls were made to record the stories of the electors Elections Canada has abandoned. 

It kicks off at 6:30pm tomorrow Wednesday May 20 at the main branch of Public Library in Guelph with a presentation and a fundraiser. Free admission. More deets here for an event on the 21st in Waterloo and then back again to Guelph on the 23rd - Guelph where an estimated 7,760 robocall attempts were made.

Because isn't it time we had some answers about what happened with the robo and live calls in 237 ridings right across Canada in the 41st federal election before we deal with more of the same again in the upcoming 42nd election this fall? 

In November of 2012, nine months after the robocall story really broke open nation-wide, Elections Canada commissioned and published a survey which reported that 85% of electors polled said the 41st election "was fairly run". Subsequent missives from EC show they never wavered far from this comforting conclusion, despite the commissioner's own final report on the termination of any further investigation stating that 27% of the complainants they investigated received fraudulent calls. 

So it's up to us now.  

Support the film any way you can - with a donation, promoting it online, or organizing presentations in your community like the ones in Guelph.   

It really is up to us now.  

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CIMS nostalgia

Whoa, imagine finding this again!  An old CBC broadcast of CBC's Keith Boag being given a walk through CIMS with commentary from Michael Geist and Garth Turner. I've posted it twice over the years only to have it taken down at source. We'll see if it stays up this time.

First broadcast over seven years ago on Nov.21 2007, the report shows CPC Direct Voter Contact manager Andrew Harris explaining CIMS to Boag. Mr. Harris left the Cons' employ a year later and founded his own voter contact firm, Picea Partners in 2010.

Billed as "Canada's first and leading provider of Telephone Town Hall meetings", Picea did a tele-townhall in 2010 for by-election Vaughan candidate Julian Fantino, hosted by Senator Mike Duffy. They've also worked with Tim Hudak and the Ontario PC party, and more recently James Moore and Peter Kent. The governments of Canada, Alberta, and New Brunswick are listed as clients.

On their North American direct marketing and sales page, Picea boasts of "25 billion records from hundreds of different sources" :

"We gather data from real estate and income tax assessments, voter registration, hydro & gas connections, bill processors, and other sources before we output our lists to ensure quality and accuracy for your campaign."

Their "wide variety of targeting options" includes "Age, Estimated Household Income, Marital Status, Gender, Home Value, Ethnicity, and more".

Huh.

With the Manning Centre hosting workshops for Con MPs on capturing cell phone and Facebook actions using Nationbuilder :

"you can export data out of CIMS, load it into NationBuilder, interact with people, and then load that data back into CIMS"

the Cons might have actually built that "political super-weapon" they bragged about in the last election.

h/t Waterbaby for new link to CIMS broadcast.

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Prop Rep vote in the House tomorrow

[post updated below]

Here's what the last federal election results would have looked like under Prop Rep 

as compared to what we got with First Past the Post :

Although the Cons increased their vote percentage by less than two points, this was enough to give them 24 more seats than in 2008, when they were already over-represented anyway.

From Fair Vote Canada via email :

Fair Vote Canada has just learned that NDP Democratic Reform Critic Craig Scott will introduce the following motion for PR to the House of Commons tomorrow afternoon (Wednesday December 3).

That, in the opinion of the House:

 (a) the next federal election should be the last conducted under the current first-past-the-post electoral system which has repeatedly delivered a majority of seats to parties supported by a minority of voters, or under any other winner-take-all electoral system; and 

(b) a form of mixed-member proportional representation would be the best electoral system for Canada."

There will be a two-hour debate 3:15 to 5:30 EST. The vote will occur at 6:45 PM EST

We need you to contact your MP now! Find your MP's phone number and email here.  

The NDP has committed to implementing Mixed Member Proportional Representation if elected in 2015, with an all-party and citizen task force to create the best design. MMP with open, regional lists (meaning, all MPs are elected by voters and all MPs are local) is the model recommended in 2004 by the Law Commission of Canada. Eight provincial commissions have also recommended MMP.

The Green Party also supports implementing proportional representation before 2019. 

The Liberal Party of Canada is calling for an all-party process involving citizens and experts to look at all electoral reform options - including other winner-take-all systems and proportional systems - in the first 12 months following the 2015 election. 

Background:
There are two major families of voting systems in the world: Proportional, and Winner-take-all ("majoritarian/plurality"). All evidence indicates that to replace one winner-take-all voting system with another is simply to replicate almost every problem we face now with first-past-the-post. 10 commissions, 14 years of polls, and decades of research says Canada needs a more proportional solution.

Proportional representation is based on a couple of key principles: 

a) Voter equality - your vote should count towards electing a representative you want, and
b) if a party earns 30% of the popular vote, they should earn roughly 30% of the seats.

There are a variety of ways proportional representation could be designed for Canada. Fair Vote Canada does not endorse only one proportional system.

Regardless of whether your MP supports Mixed Member Proportional in particular, please urge them to vote YES to this motion if they support the premise that every vote should count. Amendments to motions are possible and a yes vote to this motion will open the door for a process to design the best electoral system for Canada, consistent with Fair Vote Canada's 2015 campaign. Achieving PR will require parties working together in an all party process.

This motion is a reflection of the momentum that is building across the country for votes that count. We need as many MPs to speak in favour of proportional representation as possible to move this issue forward now.

Please take a moment to let your MP know that you want him or her to be a strong voice for proportional representation. 

Thank you for helping us Make 2015 the Last Unfair Election!

Fair Vote Canada

{end of email}

Maybe if we didn't have a system that coerces us into tactical or strategic voting, we could vote for who we really wanted, and knowing that our votes actually counted for something might get more than 61% of us to show up to vote. 

Wednesday Update : Motion defeated 166 to 109. 

Yeas - All NDP plus Greens Elizabeth May and Bruce Hyer, Bloc Claude Patry and Louis Plamondon, and Independents Brent Rathgeber, Maria Mourani, and Manon Perreault. 

Nays - All Cons, plus Independents Scott Andrews and Massimo Pacetti 

16 Libs voted Yea - Mauril Bélanger, Carolyn Bennett, Scott Brison, Rodger Cuzner, Stephane Dion, Kirsty Duncan, Wayne Easter, Mark Eyking, Hedy Fry, Ted Hsu, John McCallum, David McGuinty, John McKay, Joyce Murray, Frank Valeriote, Adam Vaughan

15 Libs voted Nay : Justin Trudeau, Gerry Byrne, Emmanuel Dubourg, Judy Foote, Chrystia Freeland, Marc Garneau, Ralph Goodale, Yvonne Jones, Kevin Lamoureux, Dominic LeBlanc, Lawrence MacAuley, Geoff Regan, Francis Scarpaleggia, Judy Sgro, Scott Simms

Half the Libs - aka the Nays - would prefer a preferential ballot system, an alternative but slightly more democratic winner-take-all system similar to first past the post. And here's why ...

On Power and Politics tonight, Eric Grenier of 308dotcom laid out what seat count the three different systems would deliver, according to his current polling. 

Note these figures above are only based on polls.

[Edited to correct omission of Manon Perreault]

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Harper's Perps with Perks #13

Michael Sona, fall guy robocall perp sentenced to nine months in jail for his role in the 2011 election robocall scandal, has served 12 days of that sentence and would like to go home now while he waits for the appeal of both his conviction and sentence. 
OK, said Judge Harry Laforme today, releasing Sona til May 29, 2015.

As Sona's trial progressed from his being an unlikely criminal mastermind whose friend and fellow Guelph campaign co-worker received immunity to give evidence against him that turned out to be so self-serving that even the prosecution said it should "be approached with caution", to the testimony of the Hill staffers delivered to Elections Canada's investigation by the Con Party lawyer who sat in on and coached their initial EC interviews even as EC lacked the power to compel any witnesses themselves, and on to his lawyer's decision not to put Sona on the stand because he thought they'd won their case, Michael Sona mostly serves now as the symbolic closed door to any further investigation or interest by Elections Canada into the 1,394 legitimate complaints about misleading phone calls across 234 ridings in the 2011 election. 

Ironically, perhaps the most damning account of this farce to date comes from the guy who rolled over on Sona - the same guy who testified he logged out of his own RackNine account on election day only to log back in again a few minutes later onto the Pierre Jones/Poutine account on the instructions of Guelph election campaign chair Ken Morgan who decamped to Kuwait after refusing to be interviewed by Elections Canada.

Sona still insists he is innocent of the charges brought against him and doesn't know who the real perp(s) were in Guelph.


Elizabeth May has again called for a public inquiry.

Peter Smoczynski is still making his election fraud documentary, with renewed fundraisers coming in the spring.

Perps with Perks Boxed Set!
Order yours in time for Xmas today!

Dec 15 Update : The Crown served notice today it wants to lock up Sona for an even longer sentence than the nine months he is already appealing.

Sona has called for a public inquiry into the 2011 elections robocalls case. 
EC Commissioner Yves Côté has closed his investigation.

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RoboCon Robocalls Bingo!

As lawyers in the RoboCon CREEP showtrial of Michael Sona wrapped up their final summations today - -with both sides agreeing more than one person was behind the Guelph robocall scam and that the testimony of the Crown's *star witness* Conservative Christian Andrew Prescott against his old friend Michael Sona should, according to the prosecution, likely be approached with caution” - - Prescott posted a "Bingo Card" of the type used as a campaign prop. 

So here's mine in response ...

Your Bingo mileage may vary.


Sona didn’t work alone in Guelph robocalls scheme, Crown alleges

CBC - Robocalls: What we learned from Michael Sona's trial

Maher : More than one person involved in robocalls, trial told
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RoboCon CREEPshow trial of Michael Sona

At left is the draft statement robocall trial star witness and Guelph Con campaign worker Andrew Prescott sent to the accused, Michael Sona, in July 2013.
Read it first.  Really.

Three freaking years later and three days into the CREEPshow trial charging Michael Sona with sending robocalls out to more than 6,000 Guelph voters in the May 2, 2011 federal election directing them to the wrong poll locations, a couple of new things stand out.

It was indeed Andrew Prescott who logged out of his own account at RackNine on election day only to log back in again a few minutes later on the Pierre Jones/Poutine account. He did so on the instructions of Guelph election campaign chair Ken Morgan who gave him a handwitten note with the Poutine credentials. 

So Prescott was Poutine for Morgan in this instance of its use at least. However Prescott has an immunity deal with the Crown to testify against Sona and says he didn't know the significance of the alternate log-in until Sona mentioned "Pierre" later in the day in a toast that Prescott didn't remember until April 2014! 

So why isn't Guelph campaign chair Ken Morgan on trial here? Other than that he decamped to Kuwait in 2012 of course and has never been questioned by Elections Canada afawk. I guess it's a case of love the one you're with here. 

From the robocalls trial twitterfeed of Glen McGregor, Stephen Maher, Globals' Laura Stone, and Laura Payton at CBC. Excerpted  : 

• Prescott says he was in Burke campaign office until the early hours, until sun up, on May 2 (e-day)
• Sona was in his cubicle on that early morning of election day, Prescott says.
• Prescott says Sona asked him about how to log into RackNine after 4:00 am on election day. "I was suspicious," he said [but he complied].
• In February interviews with Elections Canada, Prescott couldn't recall Sona asking about RackNine.

Wait.  If, as per Matt Meier's testimony, the Pierre Poutine account on RackNine was set up on April 30, and if as Prescott is implying - Sona is Poutine, why would Sona be asking Prescott the following morning how to log in to RackNine?

• When sun came up, Prescott says he slept on the couch in the office for a few hours.
• Sona came out of office: "was shaking, ecstatic, and said in a low voice, 'It's working,'" Prescott says. Sona was "quiet, almost euphoric"
• Later, as they heard [from their own supporters telling of calls saying that polling stations were closing early], Ken Morgan came up to Prescott and said "We need to counter this. They're bombing our supporters."

• Then Morgan approached Prescott later day and said "I need you to stop the dial"
• Morgan approached Prescott's desk; Prescott went to RackNine website and found he was logged in.
• "I went to pending calls page and noticed there was a pending dial to go out and I immediately cancelled it," Prescott says.

After the election day vote count, Prescott :

• People were having drinks and cigars, toasting Harper, "MIchael [Sona] had a cigar in his hand and said something like thanks, Pierre, and laughed" 

Interesting because their Guelph campaign had just lost the election so the thanks to "Pierre" would have been about bogus calls made to voters in 200 other ridings that Elections Canada has since completely lost any further interest in.
Also, Prescott says he did not *remember* Sona toasting "Pierre" until April 2014!

Also new and newish :
In Nov. 2011, RackNine CEO Matt Meier gave Prescott a heads up that Elections Canada Al Mathews was looking at Prescott's calls re fake polling station info before Mathews contacted Prescott the same month.
In March 2012, Meier discovered the Poutine IP info and passed it on to EC Al Mathews; he also copied the same data to Con headquarters.  

• Prescott agrees he kept information about Morgan asking him to stop a dialer to himself until immunity deal in 2014. Also withheld re Sona saying "It's working".
• Prescott says he saw a burner phone on Sona's desk and packaging for it in his garbage can. Previous to today, Prescott only mentioned packaging. Says he told EC about burner phone on Sona's desk in second interview with EC that Con Party lawyer Arthur Hamilton asked not to be recorded.

Prescott's memory of events three years ago has improved a lot over the telling :"The more I thought about it the better my recollections," Prescott said.

• Prescott's computer and campaign computer disc drives all destroyed.
• In Feb this year Prescott offered Ken Morgan help to also get an immunity deal.

Given the appalling quality of his self-absolving testimony, you have to wonder why Prescott was granted immunity. Possibly CPC did not much care for his statement about Nixon dirty tricks (see pic).

Con layer Arthur Hamilton's four pet Hill staffers/interns also testified that Sona bragged to them afterwards about being Poutine and masterminding the whole shebang. Aside from the odd dramatic account of sign-stealing car chases, their accounts contributed nothing that wasn't already public knowledge from the media over the last three years. All very *mostly* lone wolf tv bad boy.

And it's a wrap. Sona not testifying, nor key players Ken Morgan, out of the country; Arthur Hamilton, instumental in setting up the case against Sona; and the frequently mentioned Jenni Byrne, who restricted EC access to witnesses, etc etc.

Pic at top via Laura Stone at Global is "draft statement Prescott read in court when he thought he wouldn't be able to attend CPC convention" because his name was connected to Poutine robocalls .
Note reference to Nixon's CREEP* and "widespread, national, well-organized scheme" and "not the work of any lone staffer". Prescott clarified yesterday his statement refers to national scheme, not Guelph.

OK then.

*CREEP : Richard Nixon's Committee for the Re- Election of the President, of Watergate fame
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Elections Canada throws in the towel

It would be unseemly for a sitting government under the cloud of elections fraud and voter suppression in 200 ridings across the country to ram through the Fair Elections Act mainly benefitting themselves, so today Elections Canada Commissioner Yves Côté obligingly threw in the towel on any further investigation into what Federal Court Judge Richard Mosley called :

"an orchestrated effort to suppress votes during the 2011 election campaign by a person or persons with access to the CIMS database" 

Commissioner Côté :

"... it is not sufficient to find evidence of misdirection of an elector. There must be evidence of intention to prevent the elector from voting, or by some pretence or contrivance, to induce the elector to vote or not vote for a particular candidate.

"No such evidence was found."

Skippy was pleased though : 

"Pierre Poilievre, the minister for democratic reform, said the report proves the Conservative party ran "an honest and ethical campaign" in 2011.

"We followed all of the rules and we won fair and square," Poilievre said Thursday before delivering a speech on controversial new electoral reforms proposed for the 2015 vote.

"That is what we've been saying all along and those who've been making baseless smears ever since have been once again proven wrong in the process."

Not that the Office of the Commissioner has shown much previous inclination to pursue evidence of election fraud in the last election, but his report shows he was hampered by "investigative challenges", due to "outright refusal to cooperate" on the part of witnesses. 
Supreme Court Justice Louise Charron : "Some telemarketers retained by political parties simply refused to co-operate."
Unsurprisingly, the new Fair Elections Act declines to give him the power to compel witnesses.

So here is an example of what is presumably now legal in our new 'buyer beware' elections - a "misdirection of an elector" from Election Day in 2011, left on the phone of a librarian :



I'll save you the bother of looking up that phone number - it's Pierre Poutine.

Saskboy did an excellent rundown on the issues this morning and -updated- RossK reminds this is all just a redo of EC declining to pursue election fraud in SGI in 2008.
Back with more in a bit.

Update : So what exactly happened between an EC spokesey giving a completely bullshit reason 3 weeks ago for why their report would not be released until after the next election and its release today? 
Is it a different report altogether? 

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.”

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ElectRight & Prime Contact Group - from a former candidate

An election candidate who paid $22,000 to a voter contact/robocall firm in 2010 for a "Mayoral Victory Package" has a warning to similar aspirants for 2014 :  Ontario Candidate Watchdog. It's an interesting read.

According to John James' account, following the election he lost to his municipal rival, he and his rival shared notes about their respective voter contact firms - James used Prime Contact Group and his rival used ElectRight -  and found they'd both been sold the exact same polling information and, James contends, both were serviced by the same rep.

"What surprised me at the time was that his numbers were almost exactly the same as the poll numbers I had received from Prime Contact in August 2010. I went back to review my files that night and realized they weren't just close, they were exactly the same, down to the tenth of a percentage point for all candidates.  

The next day, I asked him if he had received a similar house by house report from his ITR as I had received and if he would mind sharing it with me. The response numbers were exactly the same, every single response was exactly the same. These two ITR polls that had supposedly been conducted two weeks apart got responses from the same exact phone numbers and the same exact responses for all the candidates and undecided voters. 

I realized right away that we had both been sold the same poll results. My only consolation was that my friend had paid significantly more for his than I had for mine. Over the next few weeks we also compared our live call results and realized they matched exactly, except for the signs that had been requested for each of us. I also found out that my old friend Derek [his Prime Contact Group contact] had also been the client rep for Electright and had communicated with the other campaign as he had done for me."

I cannot vouch for the accuracy of his account as he has no contact info on his blog which was just set up last Thursday. And he does admit all this is legal.

But if true, it raises some interesting questions. Do ElectRight and Prime Contact work together and share outreach staff and information? Do they both use the same in-house resources or those of some other third party? Is there a parent clone company for both somewhere?

The Windsor Square interviewed Josh Justice, President of Prime Contact, in January 2012:

"A licensed provider of Canadian Data Services, Prime Contact offers such services as virtual town halls, live voter ID calling, automated surveys, market research, data services and polling.

The company, with an office in Hamilton and headquarters in Tampa, Florida, started up 10 years ago consulting focusing on municipal elections. It has since grown to become Canada’s largest firm of its type “specifically on the municipal side,” according to Justice.

Among the company’s successful clients include Toronto Mayor Rob Ford, Ottawa Mayor Jim Watson, and Calgary Mayor Naheed Nenshi."

From a York Region interview in 2010 regarding a telephone townhall in Vaughan in October 2010:

"PrimeContact president Josh Justice said the company has done hundreds of these sessions across North America, mainly in the United States."

I wonder if these US and Florida references about Prime Contact Group can be correct, given there's a little "Made in Canada" flag up there on their website?

"PCG Research owns and operates a series integrated in-house research call centres in Ontario, Canada in which 100% of our domestic research is conducted.

Global 
"Our successful international market research brings elements together to deliver research programs which enable our clients to address critical issues both locally and globally. PCG Research International is network flexible and we are not compelled to work with local subsidiaries or franchisees. 

We select local partners based on quality, track record, and compatibility. For qualitative work we will always send a team member to brief the local partner and engage in the local fieldwork process from beginning to end. Wherever possible, we try to meet local stakeholders and gain firsthand experience of local markets. "

 Ok then.

There have been a few glitches, as when they mistakenly mis-identified the NDP candidate as a Green Party candidate in a PCG National Research robocall poll in the London West election in July 2013 and no one could find out who had contracted the poll. 

 I don't know much about ElectRight and its beleaguered director Brett McFarquhar aside from the fact that Jim Ross, formerly of Front Porch Strategies,  apparently got a job there and a whole boatload of Con candidates used them in the 2011 federal election.. 

And Steve's then Parliamentary Secretary Dean Del Mastro used parliamentary resources to have them do a poll in support of a former staffer who was a provincial Con candidate in Del Mastro's riding ...  

which must be what the Cons mean in their Fair Elections Act when they say they want to see politicians push the vote instead of Elections Canada.

So ... questions about two robocall/voter contact companies' alleged collusion from an ex-candidate.

I do have some reservations about Ontario Candidate Watchdog's conclusions though :

"With potentially dozens of resellers all using Prime Contact's call centres and databases, including Electright, is it possible that this is the solution to the robocall mystery? Is the Derek that called me back in 2010 the real Pierre Poutine behind the voter suppression that confused tens of thousands of voters across Canada? Was it just a mistake, did Prime Contact call Liberal supporters by mistake with a suppression message, or did they just give the data to Electright?"

Mixed up the Lib and Con lists by mistake? No. Because what possible benefit would a list of wrong polling place addresses and phone numbers to make offensive phone calls be to anyone but the Cons for the purpose of misleading their opponents'  supporters - the ones who actually got those calls.
So no - no mistake.

Edited for typos, clarity.
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