The Council of Canadians is supporting lawsuits to overturn 2011 federal elections results in seven ridings, including the Yukon.

Under the Canadian Elections Act, any person who is eligible to vote in an electoral district, or any candidate in an electoral district, can legally contest the results of the election for various reasons, including "irregularities, fraud or corrupt or illegal practices that affected the result of the election.”

In the May 2, 2011 election, the Conservatives' Ryan Leef beat then-Liberal incumbent Larry Bagnell by 5,422 votes to 5,290, ending Bagnell's 11-year run in the seat.

Earlier this month, the council conducted a survey of its members and other Canadians to try to determine the impact of the misleading robocalls currently under investigation by Elections Canada.

Whitehorse resident Thomas Parlee, who is listed as the applicant on the Federal Court proceedings for the Yukon lawsuit, responded to the survey and filed a complaint with Elections Canada. He said in an interview he was subsequently asked by the Council of Canadians to file the lawsuit, with the council's backing.

Garry Neil, the council's executive director, said the group is backing the suits because it is concerned about the impact of the misleading robocalls on the fundamental right of Canadians to vote.

"For this legal case, it doesn't matter who was responsible, we have no indication that in the Yukon these calls were originated from the local Conservative Party, we have absolutely no indication of that and it doesn't matter,” Neil said.

"What we have to prove is that they happened and that the consequences of them happening are sufficient to put in doubt the results of the election.”

Leef said Tuesday the lawsuit is "an absolutely transparent attempt to overturn the election results they weren't happy with.

"My opinion is it's absolutely pre-emptive because Elections Canada hasn't finished its investigation, and by all accounts probably hasn't even started it in the Yukon,” he told the Star.

Neil said the Elections Canada investigation is looking into criminal activity, whereas the lawsuit is focusing on overturning election results where interference may have inhibited the right to vote, regardless of who's responsible.

Leef said he fully supports an Elections Canada investigation into the allegations in the Yukon.

"What binds our democracy together is the fact that we have fair, transparent, legal elections and if someone is suggesting that that wasn't the case then Elections Canada has the authority and the duty to investigate it. We need to support the investigation, we need to encourage it,” he said.

"When I say we, all of us that were involved in the election, every single party needs to provide all of the information that they have, that's asked of them, in an effort to expedite Elections Canada's investigation so we can get to the bottom of it, so we can get find out who did it and whoever that is needs to be held accountable. And that includes anybody that's providing false or misleading information to spur on an investigation,” said Leef.

Charlie Angus, the federal NDP critic for Ethics and Accountability, said he's not surprised the issue has been brought to the courts.

"I think there's a real frustration among Canadians who feel that their vote was interfered with, who felt they were denied the chance to participate properly in the democratic system.

"I don't have a comment on the legitimacy of the case or its possibility of success, but I understand it and I find it very disturbing that the Conservatives' response is to try and again paint these Canadians as extremists, as radical fringe, they're throwing smears at people who are talking about electoral fraud. It's a disturbing situation we're in,” Angus said.

"This isn't about Liberal, or NDP or Conservative; this is about the fundamental right of Canadians to vote.”

Bagnell told the Star Tuesday he preferred not to comment until the Elections Canada investigation has been completed.

Former territorial Liberal cabinet minister Sue Edelman, who acted as the returning officer for the election in the Yukon, also declined comment when contacted Tuesday.

John Streicker, the Green Party candidate in the Yukon election, could not be reached before press time this afternoon.

An Elections Canada spokesperson would only confirm that an investigation is underway, but would not confirm whether the body had begun investigating the issue in the Yukon specifically or what the timeline for the investigation is.

Angus said Elections Canada is doing its "due diligence” and has been in contact with the NDP for information regarding the investigation.

"This is a much larger investigation than it appears,” he said.

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