Tory MPs seek $250K for legal costs in robocalls case

Seven Conservative MPs whose election victories are being challenged will argue in Federal Court today that more than $250,000 must be set aside to help cover their legal fees.

Each MP is demanding about $37,000 be set aside. The Canada Elections Act specifies that $1,000 is all a voter need put up in order to contest an election in court, however the act does allow some leeway for that amount to be increased.

Nine voters across seven ridings are alleging that a systematic campaign of voter suppression took place during the last federal election. They claim that either live calls or robocalls purporting to be from Elections Canada directed non-Conservative voters to the wrong polls, and that a small but significant number of voters in their ridings didn't vote as a result.

If the court grants the MPs' request, the deposit would ostensibly be borne by the Council of Canadians, whose lawyers are representing the nine voters.

In its response, the COC argues that it would impede access to justice if voters are required to deposit large amounts of money in order to contest an election. The Canada Elections Act states that "any" voter can challenge the results of an election if there are grounds to do so.

The council also says that its voter clients are public-interest litigants, and that the money raised to set up a defence fund for them comes from donors' pockets with no hope of a tax receipt. Meanwhile, the Conservative MPs, whose legal bills are being paid by the Conservative Party, can issue generous tax receipts for donations to their campaigns, and the party can as well, the COC says.

There is also no guarantee that costs would be awarded to the MPs if the voters lost, the COC says.

This is the second motion to be heard by the Federal Court in this case. In July, the court turned down a motion from the MPs that the case is vexatious and frivolous.

"Far from being vexatious or frivolous, or an obvious abuse," Prothonotary Martha Mikczynski said in her ruling, "the applications raise serious issues about the integrity of the democratic process."

The seven ridings where election results are being contested are: Don Valley East and Nipissing-Timiskaming in Ontario; Elmwood-Transcona and Winnipeg South Centre in Manitoba; Saskatoon-Rosetown-Biggar in Saskatchewan; Vancouver Island North in B.C.; and Yukon.

Original Article
Source: CBC
Author: Leslie MacKinnon