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“I find that electoral fraud occurred during the 41st General Election but I am not satisfied that it has been established that the fraud affected the outcomes in the subject ridings and I decline to exercise my discretion to annul the results in those districts.”

The decision fails to give the Council of Canadians the result it sought, but may pose a political problem for the Conservatives, who have steadfastly rejected any suggestion that the party mounted a voter suppression campaign beyond the infamous “Pierre Poutine” robocall in Guelph, Ont., which the party has blamed on rogue elements.

Mosley does not conclude that the party was involved, but does say the evidence points to the use of the party’s database.

“In reaching this conclusion, I make no finding that the Conservative Party of Canada or any CPC candidates or RMG and RackNine Inc., were directly involved in any campaign to mislead voters,” he ruled.

“I am satisfied, however, that the most likely source of the information used to make the misleading calls was the CIMS database maintained and controlled by the CPC, accessed for that purpose by a person or persons currently unknown to this court.”

Maude Barlow, national chair of the Council of Canadians, said the decision “should disturb Canadians a lot.”

She said her organization welcomed Mosley’s findings as “a very good decision.”

The finding of fraud, she said, is stated “clearly and boldly.”

Barlow said while she was disappointed Mosley didn’t overturn the results, the felt the larger finding of fraud was more important than the results in six seats.