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Report of the Chief Electoral Officer of Canada Following the November 15, 1999 By-elections Held in Hull–Aylmer, Mount Royal, Saskatoon–Rosetown–Biggar, York West


Convictions for offences under the Canada Elections Act

Following the June 2, 1997, general election, five enforcement cases resulted in convictions under the Canada Elections Act.

On July 9, 1999, Mr. Harold Downs, a candidate in the electoral district of Windsor–St. Clair, Ontario, pleaded guilty to 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, contrary to subsection 236(2) of the Canada Elections Act. Mr. Downs was granted an absolute discharge. Since this offence constitutes an illegal practice, Mr. Downs 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 consecutive years.

On July 15, 1999, Mr. John Turner, a candidate in the electoral district of Nunavut, pleaded guilty to 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, contrary to subsection 236(2) of the Canada Elections Act. Mr. Turner was fined $400. Since this offence constitutes an illegal practice, Mr. Turner 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 consecutive years.

On July 15, 1999, Mr. Paul Kanayok, an official agent in the electoral district of Nunavut, pleaded guilty to 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, contrary to subsection 236(2) of the Canada Elections Act. Mr. Kanayok was granted a conditional discharge with an obligation to file the documents within the three-month probation period. Since this offence constitutes an illegal practice, Mr. Kanayok 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 consecutive years.

On September 10, 1999, Mr. Dauda L. Massaquoi, an official agent in the electoral district of Scarborough–Agincourt, Ontario, pleaded guilty to 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, contrary to subsection 236(2) of the Canada Elections Act. Mr. Massaquoi was granted a conditional discharge with an obligation to perform 75 hours of community service within the six-month probation period. Since this offence constitutes an illegal practice, Mr. Massaquoi 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 consecutive years.

On October 14, 1999, Edward Lee, a candidate in the electoral district of Scarborough–Agincourt, Ontario, pleaded guilty to failing to transmit to the returning officer a declaration respecting the candidate's election expenses, within four months of the 1997 general election polling day, contrary to subsection 236(2) of the Canada Elections Act. Mr. Lee was granted a conditional discharge subject to a charitable donation of $3 000, with six months probation. Since this offence constitutes an illegal practice, Mr. Lee 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 consecutive years.

Information on all convictions arising from the October 1992 referendum and the October 1993 and June 1997 general elections can be found in the Sentencing Digest on the Elections Canada Web site.