When Should I Complain?

False Statements Concerning a Candidate

Although the Act is generally silent on the content of election advertising, it does include a prohibition against making false statements concerning a candidate. The full text of the applicable section of the Act is as follows:

91. No person shall, with the intention of affecting the results of an election, knowingly make or publish any false statement of fact in relation to the personal character or conduct of a candidate or prospective candidate.

Several elements must be present for an offence to have been committed under this section. There must be evidence that:

  • a person has made a false statement of fact;
  • the statement was in relation to the personal character or conduct of a candidate;
  • the statement was made knowingly; and
  • it was done with the intention of affecting the results of the election.

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