Wrzesnewskyj Vindicated by Superior Court Decision – 2011 Etobicoke Centre Election Result Declared “Null and Void”

The New Pathway - Former Liberal MP Borys Wrzesnewskyj brought forward an Ontario court challenge to last year’s May 2, 2011 federal election results in the Toronto riding of Etobicoke Centre. The court hearing began on April 23, 2012 with a legal team’s submission “outlining the illegalities and irregularities that occurred during the election in Etobicoke Centre,” headed by Gavin Tighe and Stephen Thiele on behalf of Mr. Wrzesnewskyj and filed against the Attorney General of Canada et al.

Toronto, May 18, 2012 - Today Justice J. Lederer of the Ontario Superior Court issued a judgement declaring the 2011 federal election results in the riding of Etobicoke Centre null and void.  Conservative candidate Ted Opitz was originally declared the winner of that hard-fought contest by just 26 votes.  Justice Lederer’s decision was informed by the voiding of 79 cast ballots due to proven irregularities in a sample of just 10 of the riding’s 236 polls.

“We are pleased with the Court’s decision.  It’s a good decision for Canadian democracy,” said Borys Wrzesnewskyj.  “Democracy cannot flourish – or even exist - where there is doubt respecting the integrity of the electoral process.  The irregularities that occurred in Etobicoke Centre were consequential to the poll’s result.  This judgement offers not only the residents of Etobicoke Centre a just remedy through a new, free, and fair election – but perhaps more importantly an opportunity for all political parties and elections authorities to improve and ensure best practices in every electoral contest going forward.”

“I invite and encourage every political party and candidate to work together in the days ahead to ensure that the coming by-election in Etobicoke Centre serves as a model of transparency, integrity, and the best electoral practices possible.  Neither my opponent Ted Opitz, nor any other political actor in Canada, would be well served by any attempt to discredit or reverse this decision, as they too must depend upon a free, fair, and accountable electoral system to best protect their respective interests.”              

 Paragraph six of Justice Lederer’s decision summates some of the principles that led Mr. Wrzesnewskyj to contest the results in Etobicoke Centre:

“One does not have to dig very deep to understand that this case presents a true conundrum.  At its core, this case concerns the confidence that Canadians must have in our electoral process.  If that confidence is diminished, it follows that our interest in, and respect for, government will be similarly diminished.  It surely follows that if people who are not qualified to vote were permitted to do so, or if there is a concern that people may have been permitted to vote more than once, confidence in our electoral process will fade.  The provision of the Canada Elections Act that provides for this application allows for a response to those concerns.  Without the protections found in the Canada Elections Act, Canadians would lose confidence in the electoral process.”

PHOTO

Former Liberal MP Borys Wrzesnewskyj