Harper breaks election law by campaigning on election day


earth_as_one
#1
I wonder if he'll get a fine:
Stephen Harper breaks election rules, campaigns on radio on election day - Canada Canada Headlines | Examiner.com
 
CDNBear
#2
If you can prove intent, a fine would suffice.

I still find it funny how you love to throw the 'law' around, when it suits you.
 
taxslave
Free Thinker
#3
Do you know for sure that it was a live broadcast or was it taped?
 
earth_as_one
#4
It was a live broadcast. I'm sure it was a slip/gaff. However Harper did break the law and he is campaigning on getting tough on law breakers and punishing people to the full extent of the law...
 
CDNBear
#5
Quote: Originally Posted by earth_as_one View Post

I'm sure it was a slip/gaff..

Well there you go. You don't even believe there was intent.

Case closed.

So what's your beef?
 
taxslave
Free Thinker
#6
Quote: Originally Posted by earth_as_one View Post

It was a live broadcast. I'm sure it was a slip/gaff. However Harper did break the law and he is campaigning on getting tough on law breakers and punishing people to the full extent of the law...

I didn't intend to speed either but I still had to pay the fine.
 
PoliticalNick
Free Thinker
#7
I highly doubt it was a slip. He is cold and calculated and the words used seem to me to be scripted. I believe this is just one more example of his contempt for our democratic processes and the people of Canada. He is all for tough laws and tough penalties as long as it is not used against him or his cohorts and this just shows it off even more.

I am still wondering how he is able to run after being found in contempt of parliament when I thought sec 502 of the elections act prohibits anyone who has hindered the democratic process from candidacy for 5 years.
 
CDNBear
#8
Quote: Originally Posted by PoliticalNick View Post

I am still wondering how he is able to run after being found in contempt of parliament when I thought sec 502 of the elections act prohibits anyone who has hindered the democratic process from candidacy for 5 years.

Which part?

502. (1) Every person is guilty of an offence that is an illegal practice who
  • (a) being a candidate or an official agent of a candidate, contravenes section 92 (publication of false statement of withdrawal of candidate);
  • (b) being a candidate or an official agent, contravenes subsection 330(2) (foreign broadcasting);
  • (c) being an official agent, a candidate or a person authorized under paragraph 446(c), wilfully contravenes section 443 (exceeding election expenses limit);
  • (d) being a candidate or an official agent of a candidate, commits an offence under subsection 480(1) (obstructing electoral process) or 480(2) (inciting, conspiring to act in disorderly manner);
  • (e) being a candidate, contravenes subsection 549(3) (taking false oath) or 549(4) (compelling or inducing false oath); or
  • (f) being a candidate, contravenes section 550 (signing of document that limits freedom of action in Parliament).
Corrupt practice
(2) Every person is guilty of an offence that is a corrupt practice who
  • (a) being a candidate or an official agent of a candidate, contravenes section 7 (voting more than once);
  • (b) being a candidate or an official agent of a candidate, contravenes paragraph 43(a) (obstruction of election officer);
  • (c) being a candidate or an official agent of a candidate, wilfully contravenes paragraph 43(b) (impersonation of revising agent);
  • (d) being a candidate or an official agent of a candidate, contravenes paragraph 56(b) (making false statement to have person deleted from Register of Electors);
  • (e) being a candidate or an official agent of a candidate, contravenes paragraph 56(c) or (d) (forbidden acts re Register of Electors);
  • (f) contravenes section 89 (signing of nomination paper when ineligible);
  • (f.1) being a candidate, wilfully contravenes subsection 92.2(1) (accepting prohibited gift or other advantage);
  • (g) contravenes paragraph 111(a), (d) or (e) (forbidden acts re list of electors);
  • (h) contravenes paragraph 167(1)(a) (apply for a ballot under false name); or
  • (i) being a candidate or an official agent of a candidate, commits an offence under subsection 481(1) (offering bribe).
Consequences of illegal, corrupt practices
(3) Any person who is convicted of having committed an offence that is an illegal practice or a corrupt practice under this Act shall, in addition to any other punishment for that offence prescribed by this Act, in the case of an illegal practice, during the next five years or, in the case of a corrupt practice, during the next seven years, after the date of their being so convicted, not be entitled to
  • (a) be elected to or sit in the House of Commons; or
  • (b) hold any office in the nomination of the Crown or of the Governor in Council.
S.C. 2006, c. 9, s. 58.
 
PoliticalNick
Free Thinker
#9
502(1)d refers to 480(2) Every person is guilty of an offence who, at any time between the issue of a writ and the day after polling day at the election, acts, incites others to act or conspires to act in a disorderly manner with the intention of preventing the transaction of the business of a public meeting called for the purposes of the election.

He has certainly conspired against the transacton of business at public meetings during the election.

It would seem I misread the other sub-section to refer to actions in parliament but it only refers to actions in the electoral process. Still though I am surprised that someone found in contempt of parliament is not somehow disqualified from holding a seat.
 
CDNBear
#10
Quote: Originally Posted by PoliticalNick View Post

502(1)d refers to 480(2) Every person is guilty of an offence who, at any time between the issue of a writ and the day after polling day at the election, acts, incites others to act or conspires to act in a disorderly manner with the intention of preventing the transaction of the business of a public meeting called for the purposes of the election.

He has certainly conspired against the transacton of business at public meetings during the election.

It would seem I misread the other sub-section to refer to actions in parliament but it only refers to actions in the electoral process. Still though I am surprised that someone found in contempt of parliament is not somehow disqualified from holding a seat.

You're better than a Stretch Armstrong doll.

Keep trying, it's entertaining.
 
karrie
No Party Affiliation
#11
That was a really stupid flub on his part. What is within their rights as penalty for that?
 
CDNBear
#12
Quote: Originally Posted by karrie View Post

That was a really stupid flub on his part. What is within their rights as penalty for that?

Penalties

If a judge finds a person guilty of an offence, the person may receive a fine or a period of imprisonment, or both. Under section 501 of the Act, the Court may also impose additional penalties, such as:
  • performing community service
  • performing the obligation that gave rise to the offence
  • compensating for damages, or any other reasonable measure the Court considers appropriate
  • a fine of up to five times the election advertising expenses limit exceeded by a third party
  • with respect to certain offences, the deregistration of a party and liquidation of its assets, and the liquidation of the assets of the party's registered associations
The Act stipulates that certain offences are illegal practices (such as taking a false oath) or corrupt practices (such as offering a bribe). In addition to any other penalty that may be imposed, a person found guilty of one of these offences loses the right to be a candidate in a federal election, to sit as a member in the House of Commons and to hold any office to which the incumbent is appointed by the Crown or by Governor in Council for five years in the case of an illegal act, and for seven years in the case of corrupt practices.
 
karrie
No Party Affiliation
#13
So, technically, the Cons could win only to have to find a new PM?
 
CDNBear
#14
Quote: Originally Posted by karrie View Post

So, technically, the Cons could win only to have to find a new PM?

Technically, but since even anti Harper EAO thought it was a gaff. I bet if anything is done, he'll get a fine at most.
 

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