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. |