Sentencing Digest – 2000 General Election


2006

Accused The accused of Etobicoke, Ontario.
Offence Failure to register as a third party and failure to file an election advertising report with the Chief Electoral Officer, within four months after polling day held on November 27, 2000.
Facts The accused was found guilty of contravening subsections 353(1) and 359(1) as party to the offence, thereby committing offences under paragraphs 496(1)(c) and 496(1)(f) of the Canada Elections Act.
Sentencing Date January 6, 2006.
Sentence Conditional discharge, including performing 100 hours of community services, 18 months of probation and the requirement to advise the court of any change in name, address or occupation.

2004

Accused The accused.
Offence Failing to register as a third party during the federal election held on November 27, 2000.
Facts The accused pleaded guilty to contravening subsection 353(1), thereby committing an offence under paragraph 496(2)(b) of the Canada Elections Act.
Sentencing Date October 25, 2004
Sentence A fine of $2,000 without cost, to be paid by November 30, 2004.

2003

Accused Paul Charles Bryan of the city of Burnaby, British Columbia.
Offence Premature transmission of election results in an electoral district to the public in another electoral district before the close of all the polling stations in that other electoral district during the federal election held on November 27, 2000.
Facts Paul Charles Bryan was found guilty of contravening section 329, thereby committing an offence under paragraph 495(4)(d) of the Canada Elections Act.
Sentencing Date March 15, 2007. Supreme Court upholds blackout.
Sentence A fine of $1,000 without cost.

Accused The accused.
Offence Failure to send to his official agent the declaration concerning the electoral campaign return within four months after polling day.
Facts The accused was found guilty of contravening subsection 451(5) of the Canada Elections Act thereby committing an offence under paragraph 497(1)(v) of the Act.
Sentencing Date January 17, 2003
Sentence $100 fine and six months to pay.

2002

Accused The accused, candidate in the electoral district of Leeds–Grenville (Ontario).
Offence Failure to send to her official agent the declaration concerning the electoral campaign return within four months after polling day.
Facts The accused pleaded guilty of contravening subsection 451(5) of the Canada Elections Act thereby committing an offence under paragraph 497(1)(v) of the Act.
Sentencing Date September 25, 2002
Sentence $100 fine with 30 days to pay.

Accused The accused, candidate in the electoral district of Calgary Northeast.
Offence Failure to send to his official agent the declaration concerning the electoral campaign return within four months after polling day.
Facts The accused pleaded guilty of contravening subsection 451(5) thereby committing an offence under paragraph 497(1)(v) of the Canada Elections Act.
Sentencing Date April 18, 2002
Sentence Conviction. A fine of $500 with 90 days to pay and an Order by the Court to file the Electoral Campaign Return within 14 days. The return was filed on May 1, 2002.

Accused The accused, official agent for Jerry Vague, candidate in the electoral district of Calgary Northeast.
Offence Failure to file the electoral campaign return with the Chief Electoral Officer within four months after polling day.
Facts The accused pleaded guilty of contravening section 451 thereby committing an offence under paragraph 497(1)(u) of the Canada Elections Act.
Sentencing Date April 18, 2002
Sentence Conviction. A fine of $500 with 90 days to pay and an Order by the Court to file the Electoral Campaign Return within 14 days. The return was filed on May 1, 2002.

Accused The accused, candidate in the electoral district of Erie–Lincoln (Ontario).
Offence Failure to send to his official agent the declaration concerning the electoral campaign return within four months after polling day.
Facts The accused pleaded guilty of contravening subsection 451(5) thereby committing an offence under paragraph 497(1)(v) of the Canada Elections Act.
Sentencing Date May 10, 2002
Sentence $500 fine with 90 days to pay the fine. The court took into consideration the fact that the electoral campaign return had been filed prior to the accused first appearance in Court.

Accused The accused, official agent of William Schleich, candidate in the electoral district of Erie-Lincoln (Ontario).
Offence Failure to file the electoral campaign return with the Chief Electoral Officer within four months after polling day.
Facts The accused pleaded guilty of contravening section 451 thereby committing an offence under paragraph 497(1)(u) of the Canada Elections Act.
Sentencing Date May 10, 2002
Sentence $500 fine with 90 days to pay the fine. The court took into consideration the fact that the electoral campaign return had been filed prior to the accused first appearance in Court.

Accused The accused, candidate in the electoral district of
Nunavut.
Offence Failure to send to her official agent the declaration concerning the electoral campaign return within four months after polling day.
Facts The accused pleaded guilty of contravening subsection 451(5) thereby committing an offence under paragraph 497(1)(v) of the Canada Elections Act.
Sentencing Date April 9, 2002
Sentence Absolute discharge. The court took into consideration the expression of remorse of the accused and the fact that the electoral campaign return had been filed prior to the accused first appearance in Court.

Accused The accused, official agent of Palluq Susan Enuaraq,
candidate in the electoral district of Nunavut.
Offence Failure to file the electoral campaign return with the Chief Electoral Officer within four months after polling day and for failing to return unused income tax receipts.
Facts The accused pleaded guilty of contravening section 451 thereby committing an offence under paragraph 497(1)(u) and also for contravening subsection 478(2) thereby committing an offence under paragraph 497(1)(z.2) of the Canada Elections Act.
Sentencing Date April 9, 2002
Sentence Absolute discharge. The court took into consideration the expression of remorse of the accused and the fact that the electoral campaign return had been filed prior to the accused first appearance in Court.

Accused The accused, elector in the electoral district of Erie–Lincoln (Ontario).
Offence No elector who has voted at an election may request a second ballot at that election.
Facts The accused pleaded guilty of contravening section 7, thereby committing an offence under paragraph 483(b) of the Canada Elections Act.
Sentencing Date February 12, 2002
Sentence The court imposed a $350 fine, payable within thirty days.

2001

Accused The accused (British Columbia), elector in the electoral district of Kootenay–Columbia.
Offence To wilfully having taken a ballot out of the polling station.
Facts The accused was found guilty of contravening paragraph 167(2)(c), thereby committing an offence under paragraph 489(3)(e) of the Canada Elections Act.
Sentencing Date November 14, 2001
Sentence Fine of $100 to be paid within a year.

Accused The accused (Quebec), Progressive Conservative candidate in the electoral district of Lac-Saint-Jean–Saguenay.
Offence To wilfully having taken a ballot out of the polling station.
Facts The accused pleaded guilty to contravening paragraph 167(2)(c), thereby committing an offence under paragraph 489(3)(e) of the Canada Elections Act.
Sentencing Date October 30, 2001
Sentence After handing over the ballot paper, a fine of $25 without cost, to be paid within three months was imposed.


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