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Etobicoke Case to go to Supreme Court

Conservative Ted Opitz, left, is asking the Supreme Court of Canada to uphold his victory in the May 2011 election in Etobicoke Centre. Defeated Liberal Borys Wrzesnewskyj, right, challenged the results in court and won, forcing an automatic byelection in the Toronto riding unless Opitz appealed. The Conservatives appealed the court ruling which effectively overthrew last year’s election results in Etobicoke which saw Conservative Ted Opitz win by a narrow 26-vote margin over Liberal Borys Wrzesnewskyj due to irregularities.

"This is the first time this section of the Elections Act has been considered by a court, and it is important that it be given the fullest consideration because of its significant impact on our democratic system," Opitz said.

In the lower courts, there is a right to appeal and send the matter to federal court. This situation is the third time in history that this has happened.

Meanwhile, Wrzesnewskyj held a news conference asking for an immediate by-election, claiming that voter suppression tactics were used.

"Something broke in the last federal election. Let's fix it," he said last week.

The case will be heard as early as next month. If the case isn’t heard in June, it will have to wait until October. The date will be decided once the lawyers and the court’s registrar have finished discussions.

If the supreme court upholds the ruling of the lower court, a by-election will be held within 6 months of that judgment.

If the results were legitimate, Opitz would have the guts to take on this by-election and if he were the choice of the riding, he would win this by-election fairly and easily.

The shadow of doubt lingers over the Conservative Party and the more they try to appeal judge rulings and throw similar cases out of court, the more they prove that they are indeed guilty of the sins that they have allegedly committed.

So what are they trying to hide? It’s not everyday that a secretive government who is afraid to articulate their vision for Canada is accused and linked with fraudulent events during elections.

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