A lawyer representing Mr. Opitz (Etobicoke-Centre, Ont.) filed an application with the Supreme Court on Wednesday for an order scheduling oral arguments in the appeal to be heard on the first available date in the court’s fall session, which would be Oct. 6.
But—even though the application proposed to shorten the normal time for filing legal arguments—the Liberal candidate who lost the election by only 26 votes, former Etobicoke Centre MP Borys Wrzesnewskyj, accused Mr. Opitz of delaying the case for “cynical political” reasons.
Mr. Wrzesnewskyj told The Hill Times the May 18 decision from Justice Thomas Lederer, who ruled the election in Etobicoke Centre was “null and void” because of inadequate registration and eligibility records for 79 voters, means “no one knows who the elected representative may have been.”
“Mr. Opitz or the Conservative Party, because they are the ones paying his bills, are dragging this out,” Mr. Wrzesnewskyj said.
But the application that Toronto lawyer Thomas Barlow filed on Mr. Opitiz’s behalf, asking for a hearing in the Supreme Court’s fall session “or such earlier date as a Judge or the Registrar of the Supreme Court of Canada determines,” argued both sides, as well as the court, need enough time to weigh all the arguments and record because of the significance of the case.
Mr. Wrzesnewskyj has also filed notice of an appeal, asking the Supreme Court whether Justice Lederer committed errors in law or fact when he accepted the validity of several dozen other ballots that were counted on election day in Etobicoke Centre even though the eligibility of the voters, and in some cases their residency in the riding, was also under question.
Mr. Wrzesnewskyj has asked the Supreme Court for a hearing on both appeals to be scheduled for Wednesday, June 27. His brief to the Supreme Court argues such a speedy timetable would comply with Elections Act provisions that guarantee the right to an appeal, in the event of an overturned election, that “shall be heard without delay and in a summary way by the Supreme Court of Canada.”
Mr. Wrzesnewskyj said if he and his lawyers are ready to argue the appeals before the end of June, Mr. Opitz, the Conservative Party and their legal team should also be capable of meeting a short deadline.
He noted the Conservative Party last week began probing voters in Etobicoke Centre, likely on the chance Mr. Opitz loses his appeal and Prime Minister Stephen Harper (Calgary Southwest, Alta.) is required under the Elections Act to call a byelection, with calls claiming to be on behalf of Mr. Harper and suggesting the court decision set aside the decision of 50,000 voters who cast ballots.
“It is pretty frustrating, you can probably tell my voice,” Mr. Wrzesnewskyj said. “They’re organized enough that they’re still blanketing the riding with calls, although thankfully after the weekend they seem to have changed the text a little bit. The courts are no longer overthrowing democracy, in the latest calls.”
The Supreme Court of Canada Act gives an appellant a deadline of 12 weeks to file legal arguments and records, and the respondent in the appeal a further eight weeks to file legal arguments and records in response to the appellant’s arguments.
The application from Mr. Opitz proposes both he and Mr. Wrzesnewskyj have a deadline of July 31 to file their appeal briefs, and until Aug. 31 to file responses to the appeal records. Mr. Barlow noted the case will be a precedent, because the Elections Act provisions on which Justice Lederer set aside the election results have not been subject to judicial review since their introduction in 2000, and the Supreme Court of Canada as not yet considered the provisions.
Original Article
Source: hill times
Author: Tim Naumetz
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