Sentencing Digest – 1993 General Election
1993
| Accused |
The accused (Ont.) |
| Offence |
Removing printed advertisements of candidates at the 1993 general election. |
| Facts |
The accused pleaded guilty to the offence, which
is contrary to section 262 of the Canada Elections Act. |
| Sentencing Date |
December 21, 1993 |
| Sentence |
A fine of $150 or three days in jail. |
| Accused |
The accused (Ont.) |
| Offence |
Removing printed advertisements of candidates at the 1993 general election. |
| Facts |
The accused pleaded guilty to the offence, which
is contrary to section 262 of the Canada Elections Act. |
| Sentencing Date |
December 21, 1993 |
| Sentence |
A fine of $150 or three days in jail. |
1994
| Accused |
The accused (B.C.) |
| Offence |
Taking a ballot paper out of the polling station at the 1993 general election. |
| Facts |
The accused was found guilty of the offence,
which is contrary to paragraph 249(1)(f) of the Canada Elections
Act. |
| Sentencing Date |
March 3, 1994 |
| Sentence |
A fine of $100 to be paid within six months. |
| Accused |
The accused (Ont.) |
| Offence |
Possessing a ballot paper without authority at the 1993 general election. |
| Facts |
The accused was found guilty of the offence,
which is contrary to paragraph 249(1)(d) of the Canada Elections
Act. |
| Sentencing Date |
April 25, 1994 |
| Sentence |
Conditional discharge with a six-month probation period. |
| Accused |
The accused (Ont.) |
| Offence |
Voting twice at advance polls during the 1993 general election. |
| Facts |
The accused pleaded guilty to the offence, which
is contrary to paragraph 252(e) of the Canada Elections Act. |
| Sentencing Date |
May 20, 1994 |
| Sentence |
A fine of $200 to be paid within 90 days or fifteen days in jail. |
| Accused |
The accused (Ont.) |
| Offence |
Inducing an unqualified person to vote at the 1993 general election. |
| Facts |
The accused was found guilty of the offence,
which is contrary to paragraph 252(g) of the Canada Elections
Act. |
| Sentencing Date |
June 17, 1994 |
| Sentence |
A fine of $200 to be paid within 30 days or ten days in jail. |
| Accused |
The accused (P.E.I.) |
| Offence |
Influencing electors and interfering with the free exercise of the franchise of an elector at the 1993 general election. |
| Facts |
The accused was found guilty of the offences,
which are contrary to paragraphs 158(1)(c) of the Canada
Elections Act and 107(b) of the Special Voting Rules. |
| Sentencing Date |
August 26, 1994 |
| Sentence |
A fine of $1 900 to be paid within twenty-four months and probation for a period of three years. |
1995
| Accused |
The accused, official agent (Que.) |
| Offence |
Exceeding the permitted limit of election expenses at the 1993 general election. |
| Facts |
The accused pleaded guilty to the offence, which
is contrary to section 208 of the Canada Elections Act. |
| Sentencing Date |
October 23, 1995 |
| Sentence |
A fine of $200 to be paid within 60 days or, in default, eleven days in jail. An additional fine of $25 to be paid within 60 days was imposed or, in default, four days in jail. |
1996
| Accused |
The accused, candidate (Alta.) |
| Offence |
Making payments other than through a separate bank account or the official agent and transmitting an untrue return of election expenses for the 1993 general election. |
| Facts |
The accused pleaded guilty to the offences, which
are contrary to subsections 217(3) and 236(2) of the Canada Elections
Act. |
| Sentencing Date |
January 3, 1996 |
| Sentence |
Conditional discharge with a probation period of three months, within which time 100 hours of community service must be served.
Since these offences constitute illegal practices, the accused loses her
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 for a number of candidates
in Alberta and British Columbia |
| Offence |
Failing to deposit contributions in a separate bank account and unlawfully transmitting an untrue return of election expenses at the 1993 general election. |
| Facts |
The accused pleaded guilty to the offences, which
are contrary to subsections 217(3) and 236(2) of the Canada Elections
Act. |
| Sentencing Date |
January 30, 1996 |
| Sentence |
Conditional discharge with a probation period of three months and 45 hours of community service.
Since these offences constitute illegal practices, the accused loses her
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 (Que.) |
| Offence |
Failing to submit a candidate's return of election expenses for Harry Polansky to the returning officer for the 1993 general election. |
| Facts |
The accused was found guilty of the offence,
which is contrary to subsection 236(2) of the Canada Elections Act. |
| Sentencing Date |
March 5, 1996 |
| Sentence |
A fine of $500 to be paid within five months.
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 (Alta.) |
| Offence |
Making a payment and a contribution other than through a separate bank account or the official agent and transmitting an untrue return of election expenses for the 1993 general election. |
| Facts |
The accused pleaded guilty to the offences, which
are contrary to subsections 217(3) and 236(2) of the Canada Elections
Act. |
| Sentencing Date |
June 5, 1996 |
| Sentence |
Conditional discharge with a probation period of two months and an obligation to perform 45 hours of community service within that time period.
Since these offences constitute illegal practices, 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 (Alta.) |
| Offence |
Making a payment and a contribution other than through a separate bank account or the official agent and transmitting an untrue return of election expenses for the 1993 general election. |
| Facts |
The accused pleaded guilty to the offences, which
are contrary to subsections 217(3) and 236(2) of the Canada Elections
Act. |
| Sentencing Date |
June 5, 1996 |
| Sentence |
Conditional discharge with a probation period of two months and an obligation to perform 15 hours of community service within that time period.
Since these offences constitute illegal practices, the accused loses her
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. |
1997
| Accused |
The accused, candidate (B.C.) |
| Offence |
Transmitting an untrue return and knowingly taking an oath falsely at the 1993 general election. |
| Facts |
The accused pleaded guilty to the offences. |
| Sentencing Date |
January 28, 1997 |
| Sentence |
An absolute discharge was
given. In lieu of punishment, the parties agreed to a donation of $500
to the United Way.
Since these offences constitute illegal practices, 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 |
| Offence |
Advertising in periodical publications between the issue of the writ of election and the 29th day before polling day at the 1993 general election. |
| Facts |
The accused pleaded guilty and was convicted
on two counts for the offence, which is contrary to paragraph 48(1)(b)
of the Canada Elections Act. |
| Sentencing Date |
August 15, 1997 |
| Sentence |
A fine of $2 500 for each conviction. |
