Sentencing Digest

Sentencing Digest – 1997 General Election



1997

Accused The accused (Ont.)
Offence Unlawfully removing a candidate's poster during the 1997 general election.
Facts The accused pleaded guilty to the offence, which is contrary to section 262 of the Canada Elections Act.

The investigation was carried out by the Metropolitan Toronto Police, who laid the charges following authorization from the Commissioner of Canada Elections.
Sentencing Date October 1, 1997
Sentence A fine of $100 plus a $15 surcharge was imposed.

1998

Accused The accused (Que.)
Offence Voting twice at the 1997 general election.
Facts The accused pleaded guilty to the offence, which is contrary to paragraph 252(e) of the Canada Elections Act.
Sentencing Date December 21, 1998
Sentence A fine of $100 plus costs.

1999

Accused The accused (Ont.)
Offence Taking a ballot paper out of a polling station and illegally possessing a ballot paper at the 1997 general election.
Facts The accused was convicted of both offences, which are contrary to paragraphs 249(1)(d) and 249(1)(f) of the Canada Elections Act.
Sentencing Date January 27, 1999
Sentence The possession charge was stayed and a fine of $200 was imposed on the charge of taking a ballot paper out of the polling station.

Accused The accused, enumerator (B.C.)
Offence Failing to perform his duties in compliance with the Canada Elections Act at the 1997 general election.
Facts The accused pleaded guilty to the offence, which is contrary to section 254 of the Canada Elections Act.
Sentencing Date March 4, 1999
Sentence A fine of $150.

Accused The accused (Ont.)
Offence Altering or defacing a candidate's poster at the 1997 general election.
Facts The accused pleaded guilty to the offence, which is contrary to section 262 of the Canada Elections Act.
Sentencing Date April 20, 1999
Sentence Conditional discharge with a six-month probation period and the obligation to make a $600 contribution to a registered charity.

Accused The accused (Ont.)
Offence Altering or defacing a candidate's poster at the 1997 general election.
Facts The accused pleaded guilty to the offence, which is contrary to section 262 of the Canada Elections Act.
Sentencing Date April 20, 1999
Sentence Conditional discharge with a six-month probation period and the obligation to make a $600 contribution to a registered charity.

Accused The accused (Que.)
Offence Voting while not qualified at the 1997 general election.
Facts The accused pleaded guilty to the offence, which is contrary to paragraph 252(f) of the Canada Elections Act.
Sentencing Date March 22, 1999
Sentence An absolute discharge on proof of a $300 charitable donation.

Accused The accused (Que.)
Offence Voting while not qualified at the 1997 general election.
Facts The accused pleaded guilty to the offence, which is contrary to paragraph 252(f) of the Canada Elections Act.
Sentencing Date March 22, 1999
Sentence An absolute discharge on proof of a $300 charitable donation.

Accused The accused, candidate for the Reform Party of Canada, in the electoral district of Scarborough–Agincourt (Ont.)
Offence Failing to transmit or cause to be transmitted to the returning officer a declaration respecting the candidate's election expenses, within four months of the 1997 general election polling day.
Facts The accused pleaded guilty to the offence, which is contrary to subsection 236(2) of the Canada Elections Act.
Sentencing Date October 14, 1999
Sentence Conditional discharge with a six-month probation period and the obligation to make a $3 000 contribution to a registered charity.

Since this offence constitutes an illegal practice, the accused loses his right to vote or to be a candidate, or to hold office where appointment is made by the Crown or the Governor in Council, for five years.

Accused The accused, candidate for the Reform Party of Canada, in the electoral district of Nunavut.
Offence Failing to transmit or cause to be transmitted to the returning officer a declaration respecting the candidate's election expenses, within four months of the 1997 general election polling day.
Facts The accused pleaded guilty to the offence, which is contrary to subsection 236(2) of the Canada Elections Act.
Sentencing Date July 15, 1999
Sentence A fine of $400 with three months to pay.

Since this offence constitutes an illegal practice, the accused loses his right to vote or to be a candidate, or to hold office where appointment is made by the Crown or the Governor in Council, for five years.

Accused The accused, official agent of John Turner, candidate for the Reform Party of Canada, in the electoral district of Nunavut.
Offence Failing to transmit to the returning officer the auditor's report and a candidate's return respecting election expenses within four months of the 1997 general election polling day.
Facts The accused pleaded guilty to the offence, which is contrary to subsection 236(2) of the Canada Elections Act.
Sentencing Date July 15, 1999
Sentence A conditional discharge with obligation to file within the three-month probation period.

Since this offence constitutes an illegal practice, the accused loses his right to vote or to be a candidate, or to hold office where appointment is made by the Crown or the Governor in Council, for five years.

Accused The accused, official agent of Edward Lee, candidate for the Reform Party of Canada, in the electoral district of Scarborough–Agincourt (Ont.)
Offence Failing to transmit to the returning officer the auditor's report and a candidate's return respecting election expenses within four months of the 1997 general election polling day.
Facts The accused pleaded guilty to the offence, which is contrary to subsection 236(2) of the Canada Elections Act.
Sentencing Date September 10, 1999
Sentence A conditional discharge with 75 hours of community service to be served within the six-month probation period.

Since this offence constitutes an illegal practice, the accused loses his right to vote or to be a candidate, or to hold office where appointment is made by the Crown or the Governor in Council, for five years.

Accused The accused, candidate for the Reform Party of Canada, in the electoral district of Windsor–St. Clair (Ont.)
Offence Failing to transmit or cause to be transmitted to the returning officer a declaration respecting the candidate's election expenses, within four months of the 1997 general election polling day.
Facts The accused pleaded guilty to the offence, which is contrary to subsection 236(2) of the Canada Elections Act.
Sentencing Date July 9, 1999
Sentence Finding of guilt with an absolute discharge.

Since this offence constitutes an illegal practice, the accused loses his right to vote or to be a candidate, or to hold office where appointment is made by the Crown or the Governor in Council, for five years.

Accused The accused, candidate for the Reform Party of Canada in the electoral district of Humber–St. Barbe–Baie Verte (Nfld.).
Offence Failing to transmit or cause to be transmitted to the returning officer a declaration respecting the candidate's election expenses, within four months of the June 2, 1997, general election polling day.
Facts The accused pleaded guilty to the offence, which is contrary to subsection 236(2) of the Canada Elections Act.
Sentencing Date November 23, 1999
Sentence A fine of $200, to be paid within a period of 60 days.

Since this offence constitutes an illegal practice, the accused loses his right to vote or to be a candidate, or to hold an office where appointment is made by the Crown or Governor in Council, for five years.

Accused The accused, official agent of Randy Wells, candidate for the Reform Party of Canada in the electoral district of Humber–St. Barbe–Baie Verte (Nfld.).
Offence Failing to transmit to the returning officer the auditor's report and a candidate's return respecting election expenses, within four months of the June 2, 1997 general election polling day.
Facts The accused pleaded guilty to the offence, which is contrary to subsection 236(2) of the Canada Elections Act.
Sentencing Date November 23, 1999
Sentence Conditional discharge with a nine-month probation period.

Since this offence constitutes an illegal practice, the accused loses his right to vote or to be a candidate, or to hold an office where appointment is made by the Crown or Governor in Council, for five years.