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Commissioner of Canada Elections Yves Cote has recommended laying charges over the election day robocalls sent to voters in Guelph in 2011.

After more than 21 months of investigation by his office, Cote has referred a report to Director of Public Prosecutions Brian Saunders, who will decide whether to initiate prosecution in the politically charged case.

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Though neither Elections Canada nor Saunders’ office would confirm the referral, the Ottawa Citizen and Postmedia News have learned that Cote forwarded the file earlier this year, recommending charges be laid.

Saunders must now weigh the evidence compiled by Elections Canada investigators and decide if it can support charges under the Elections Act or, possibly, the Criminal Code.

Saunders could find that the evidence is insufficient for prosecution or decide charges are not in the public interest.

Still unclear is how long it will take Saunders to consider the issue. In the last major Elections Canada case his office handled — the “in and out” scandal over 2006 election advertising — more than a year passed between the referral and charges being laid.