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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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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Banking on RoboCon - A Fractured Fairy Tale

Guest post from the Salamander - An analogy ...

Across Canada, Trust Funds & Savings accounts at 240 branches of THE BANK are robbed on the same day via electronic theft using directories, passwords & access codes shared within Head Office of THE BANK in Ottawa as well as the branches. Thousands and thousands lose all their savings and Trust Funds

THE BANK spokespersons & lawyers immediately bluster that the robberies did not happen - 'Baseless Smears' says one, over and over and over again. Then they grudgingly describe the alleged event as isolated to just one branch... and that all the other banks often allege they have been robbed... and that people who lose all their money often exaggerate. 

Banking agencies and the 'Authorities' slowly show some interest. After a year, THE BANK reluctantly states it may allegedly involve more than one branch in Guelph Ontario but if it even happened, it must have been the action of a lone perpetrator - perhaps the bank volunteer who's name they have already leaked to newspapers and TV media. Most all the bank staff from that branch have left the country or soon arrange 'immunity'

The funds are NEVER RECOVERED.. and there is ZERO REFUND for THE BANK's thousands and thousands of clients. After several years of investigation the closure rate is left at 1 out of the 240 criminal fraud cases. The remaining 239 'cold cases' are declared unsolvable by The Banking Authorities & THE BANK cites the conviction of a single person as a great victory for Crime & Punishment & THE BANK. New banking secrecy laws are passed to make this so.

Now my question for erudite and non partisan pollsters is ..

After all this, do you know anyone 'Crazy' enough to keep their money in a branch of THE BANK ?

Request UN election monitors/observers for Canada


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RoboContractors

If the Public Prosecution Service of Canada is so concerned that Michael Sona's nine month sentence for election fraud is "demonstrably unfit and fails to reflect the gravity of the offence” - so concerned in fact that they are appealing to have his sentence increased - why don't they direct that same concern towards investigating the Pierre Poutine perps behind him? 
Especially given both the judge and prosecutor in the case stated that Sona didn't act alone.

So reasons the Council of Canadians in their new formal complaint to the PPSC.

“PPSC is not an investigative agency,” responded PPSC spokesey Dan Brien. “It’s not in our mandate to initiate, conduct or direct investigations.”

Meh, said a spokesey for Elections Canada Commissioner Yves Côté, who now falls under the purview of the PPSC thanks to the Fair Elections Act, noting that the case is now closed as far as they are concerned unless someone submits a formal complaint or new information comes to light. 

“We conducted an investigation. All of the evidence that we found was presented to the Crown,” Michelle Laliberte told Global News.

"Asked if the office has received more information, Laliberte said, “Not at this point.”

Really?  
Andrew Prescott's immunity-protected testimony that 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 - that isn't "new" or "more" information? Isn't a new lead? Isn't worthy of further investigation, if not a few subpoenas?

You know, it's really too bad Canada lacks a national police force who could look into this kind of crime on our behalf when they aren't busy dragging a 61 year old woman off her walker and throwing her to the ground and handcuffing her for being unclear what was being asked of her, or protecting foreign oil corporations from local protesters or First Nations, or protecting themselves from the possibility of staples, or shooting a vet with PTSD twice in the back and killing him on his own property because they didn't have a warrant to follow him into his house or .... where the hell was I? Oh yeah ...

In the absence of any interest from the horsemen, and for an idea of how much help Council of Canadians can expect from the Elections Canada Commissioner this time round in their bid to have the Poutine case in Guelph re-opened, lets have a look at the commissioner's response to their request for help in their March 2012 election fraud court case, launched on behalf of six plaintiffs from six ridings :

In early August. Commissioner Yves Cote refused to give a federal court more details on its ongoing investigation into the robocalls scandal.

To avoid sharing the information, Cote filed for a special exemption, saying releasing it would “encroach upon the public interest,” and that “public disclosure of information from a partially completed investigation carries the serious risk of compromising the investigation by, among other things, influencing the testimony of witnesses, impairing the ability to verify information already obtained and affecting the willingness of witnesses to speak.”

And then, as far as anyone knows, some time after that they just stopped.

Jan 1 2015 Update : Elections Canada confirms total lack of interest in pursuing election fraud.

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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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E-Day in Canada: When Voter Suppression Comes Calling

Ten minute promotional video on an investigative documentary in production which previews preliminary interviews. from The Script & Film Co. on Vimeo.

Tomorrow, lone RoboCon fall-guy Michael Sona may find out whether he goes to jail for his part in the 6,000 illegal robocalls pretending to come from Elections Canada and wrongly telling voters their polling station had been moved. [Update : Sentencing now to be handed down on Nov. 19]

Yesterday, the Alberta Party candidate in the Calgary-Elbow byelection reported being targeted in a fraudulent robocall campaign that used a fake caller ID purporting to come from the Alberta Party :

“We started getting complaints from people receiving multiple phone calls throughout the day and some suggesting we had called them at 3 a.m. "

Sound familiar? It's not like this is going to get better on its own.

As Mulcair notes in the doc clip above, the Fair Elections Act (sic) is about "the Conservatives trying to put into law some of the cheating they'd been doing before."

Did you watch the clip? Wouldn't you like to hear Stephen Maher and Glen McGregor's reflections since their epic McMaher election fraud investigation?

Acclaimed documentary filmmaker Peter Smoczynski : 

Election Day In Canada: When Voter Suppression Comes Calling is an investigative documentary film which examines the sudden rise of voter suppression in Canada since the 2006 Federal Election to the Federal Election of 2011, its aftermath, Elections Canada investigations, court trials, its affect on Canadians and more recently the Fair Elections Act.

He has thousands of hours of footage and is looking for funding to do further research into the communities of highest voter suppression and finish editing it. 
So far his site has only received 1700 Canadian visits and 43 funders but as he says : "if every visitor gave $20, within five days this film is back in production"
His first donation was $5 from a 13 year old girl.

Come on, people - and I'm looking at you, you glittering twitterati and facebookies - spread the word and DONATE whatever you can. Let's get this doc out there to the public well before the shenanigans begin in the 2015 election.

h/t Saskboy

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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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RoboCon Pop Quiz : Spot the Difference!

Thwap asks a very good question :

What exactly is the difference between 

1. Elections Canada and federal prosecutors granting immunity to Con deputy campaign manager Andrew Prescott this month in the 2011 Guelph robocall election fraud case, and

2. Elections Canada refusing to grant immunity to a group of donors willing to testify about giving $1,000 each to Dean Del Mastro’s campaign, allegedly in return for receiving $1050 back from Del Mastro's cousin.

July 2012 : Elections Canada refuses immunity request for donors to Dean Del Mastro

"Elections Canada has rebuffed an offer of information about an alleged reimbursement scheme involving Conservative MP Dean Del Mastro’s 2008 election campaign, saying it doesn’t have the authority to give witnesses immunity from prosecution.

Elections Canada spokesman John Enright said Tuesday that the commissioner is not able to grant immunity... it can only investigate allegations of electoral misconduct and that the power to offer immunity rests with federal prosecutors."

although Toronto elections lawyer Jack Siegel says : 

"the commissioner can negotiate compliance agreements with people who have violated the act, which allows the office to effectively offer immunity from prosecution."

Robocalls immunity deal struck with ex-Tory worker Andrew Prescott

"A key player in the 2011 Guelph robocalls scandal is getting immunity from prosecution in the Elections Canada investigation into misleading calls in the last federal election, CBC News has learned.Prescott has a written guarantee "the Crown has no intention" of charging him in connection with the misleading phone calls."

So what's the difference? 

Aside of course from the fact Del Mastro was Steve's parliamentary secretary, election fraud pointman, and key spokesy in the House at the time, while Prescott's Con candidate Marty Burke didn't win his seat anyway and the Guelph case appears to be hermetically sealed off from the election fraud that occurred in over 200 other ridings. 

Admittedly Del Mastro is now being charged by Elections Canada in a separate investigation for overspending his 2008 campaign limit and trying to cover it up, and they are continuing their investigation into the 22 people who were issued cheques for $1,050 from Deltro, owned by Dean's cousin.

But Thwap's question remains : What exactly is Election Canada's criteria for involving Crown prosecutors in securing immunity for witnesses? Especially given it seems highly unlikely Prescott was granted immunity just to roll over on Sona in the case against him provided by Con Party lawyer Arthur Hamilton. 

If Sona goes down, the Cons will draw a line through it and say it's done : One rogue lone gun on the grassy Guelph knoll that didn't change the election results in a single riding in the 2011 election anyway.

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Harper's Parade of Perps with Perks #7

Welcome, Con chief counsel Arthur Hamilton, to Perps with Perks for your part in the Senate scandal - Wrighting a cheque to Mike Duffy's lawyer -  "CON FUNDS $13,560" - while Duffy was under investigation to pay off his legal bills and shut him up so as not to arouse the Wrath of Cons.
"Cheque(s)" actually because we haven't yet seen the other Hamilton cheque stub Duffy mentioned last week, along with all the other paperwork the PMO assured CBC doesn't exist.

About that CON FUND mentioned on Hamilton's cheque - flashback to 2011 re the Cons' in-and-out scheme when Hamilton was counsel for that too.

"There were six people in charge of the Conservative Fund. Four are now charged. Nigel Wright is the fifth, and while two of them were rewarded with plush Senate seats, he's the chief of staff to the Prime Minister."

Previously, Hamilton is best known to us for ignoring Elections Canada entreaties to look into Con election fraud events perped in the days just prior to the last election, taking months to set up interviews with witnesses in Elections Canada's Guelph robocall investigation, and pre-empting the witnesses' lawyers when they finally got underway under his supervision.
To quote federal court judge Richard Mosley in the legal challenge alleging widespread voter suppression in the last federal election, the Cons, represented by Hamilton, "engaged in trench warfare in an effort to prevent this case from coming to a hearing on the merits."

Yesterday we heard Steve on the radio saying he'd "dismissed" Nigel Wright. 
What a long ways we've come from the Con story in May when "good Samaritan" Wright was only trying to protect taxpayers by writing a cheque for his good ole buddy Duffy. Steve was "very clear" he knew nothing at all about it and "immediately made this information public" after CTV had already reported it. Heh. 
Steve then "accepted Wright's resignation with regret".
Now Steve says he fired Wright and "a few" people in the PMO were in the know - 13 according to Robert Fife. 

So it seems the Con Party chief counsel Arthur Hamilton was in on it from the very beginning, unless of course Hamilton had no idea why he was writing the cheque to Duffy out of the Con Fund.
Maybe, like Steve, no one ever tells him anything either. 
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Previous Perps with Perks with bios.

Mon evening update : Thinking about Steve's recent indignant law and order rhetoric re Duffy - presumably for the benefit of his base prior to their annual national convention next week. The delicious irony here is now he has to explain to them why their party donations were used to pay off the legal bills Duffy incurred due to PMO-directed Senate investigations against him.
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