Commissioner of Canada Elections Annual Report 2018-2019
Appendix A – Disposition of Cases
(April 1, 2018 to December 31, 2019)
Disposition of Cases
[Text version of] "Disposition of Cases"
Disposition of cases - April 1, 2018 to December 31, 2019
- Active Files as of April 1, 2018: 587
- Active Files as of December 31, 2019: 1,599*
- Files Closed: 7,423
- New Files: 8,429
- Requests for Information: 133
- Letters from concerned citizens: 3,854
- Elections Canada: 1,288
- Political Entities: 72
- General Public: 3,072
- Commissioner's Initiative : 10
*The difference of 6 files can be explained by administrative corrections.
| 2014-2015 | 2015-2016 | 2016-2017 | 2017-2018 | 2018-2019* | |
|---|---|---|---|---|---|
| Active files | 254 | 489 | 311 | 587 | 1599 |
*Reporting covers an extended 21-month period (from April 1st, 2018 to December 31, 2019)
Most common referrals from Elections Canada:
- 436 files were referred as a result of possible irregularities regarding individuals voting when not qualified or entitled;
- 282 files were referred as a result of possible irregularities regarding potential instances of electors requesting a second ballot;
- 87 were related to a failure to provide updated versions of statements for unpaid claims;
- 76 related to distributing or showing a photograph or video of a ballot or special ballot that had been marked;
- 47 were related to the official agent's failure to pay recoverable claim within three years or paying without authorization; and
- 45 were related to a failure to dispose of surplus electoral funds.
Most common potential offences having given rise to complaints from the public:
- 97 different instances related to the failure of a candidate, registered party, or a person acting on their behalf, to indicate on election advertising that its transmission was authorized (i.e. tagline) generated 110 complaints;
- 28 different instances related to making or publishing a false statement about a candidate, prospective candidate, the leader of a political party or a public figure associated with a political party with the intent of affecting the election results generated 502 complaints;
- 27 different instances related to the failure of third party to immediately register after incurring expenses of $500 or more for partisan advertising, partisan activities or election surveys, generated 624 complaints;
- 12 different instances related to foreigners attempting to influence an elector to vote or refrain from voting generated 170 complaints; and
- 27 different instances related to influencing or attempting to influence a person to vote or refrain from voting by any pretence or contrivance generated 83 complaints.
Most common complaints received during the election period, by alleged violation
The following section provides an overview of the most common complaints received by the Office during the election period itself. (The statistics provided in the preceding section relate to the number of complaints received during the entire 21-month period covered by this report. For that reason, in many instances, the statistics provided below are smaller as they represent only the complaints received during the campaign.)
Between September 11 and October 21, 2019, the CCE received 2,698 complaints or enquiries related to the 43rd general election. What follows is a description of the top 10 complaints received by alleged violation of the Act. Each category details the total number of complaints received, the number of different fact situations that gave rise to these complaints (“stand-alone issues”), and the number of closed files.
Note that all of the information represented in this section stems from categories assigned during the intake process. These categories may be modified depending on information arising out of a review or investigation.
Making or publishing a false statement
[Text version of] "Making or publishing a false statement"
- Stand-alone issues: 28
- Total volume: 392
- 378 cases closed*
- 14 cases remaining
*as of December 31, 2019
Of the 392 complaints related to false statements, the majority of the complaints were the result of allegations that a party leader was under investigation by the RCMP. This was seen by many complainants as a contravention of subsection 91(1) of the Act. Following a review of these complaints, the Commissioner concluded that the intention of Parliament was not for this provision to apply to statements that are based on reasonable interpretations of credible information from a source reasonably expected to be knowledgeable in the matter.
Foreign attempt to influence electors to vote or refrain from voting
[Text version of] "Foreign attempt to influence electors to vote or refrain from voting"
- Stand-alone issues: 10
- Total volume: 158
- 106 cases closed*
- 52 cases remaining
*as of December 31, 2019
Out of the 158 complaints regarding foreign interference, 100 were related to an article in a foreign publication featuring a party leader. Following a review of these complaints, it was concluded that there was no contravention of the Act, as it constituted editorial content.
Failure to indicate on election advertising that its transmission was authorized
[Text version of] "Failure to indicate on election advertising that its transmission was authorized"
- Stand-alone issues: 97
- Total volume: 106
- 39 cases closed*
- 67 cases remaining
*as of December 31, 2019
The Act requires that advertising contain an authorization or 'tag line' indicating the message is being transmitted with the consent of either the official agent for a particular candidate or the registered agent of the party. The Act does not stipulate how large the font must be or — in the case of a radio broadcast — how quickly the authorization may be spoken.
There were 106 complaints alleging election advertising that failed to contain an authorization statement. Many of these complaints were resolved informally during the campaign by communicating with the candidate or party; others were deemed to be unfounded as the authorization was present albeit difficult to read.
Preventing or impairing the transmission of election advertising
[Text version of] "Preventing or impairing the transmission of election advertising"
- Stand-alone issues: 92
- Total volume: 97
- 30 cases closed*
- 67 cases remaining
*as of December 31, 2019
Under the Act, it is an offence to prevent or impair the transmission of an election advertising message. During the campaign period, the Office received 97 complaints related to interference with the transmission of election advertising, most of them relating to the vandalism or removal of signs.
Influencing a person to vote or refrain from voting by any pretence or contrivance
[Text version of] "Influencing a person to vote or refrain from voting by any pretence or contrivance"
- Stand-alone issues: 13
- Total volume: 70
- 60 cases closed*
- 10 cases remaining
*as of December 31, 2019
The CCE received 70 complaints regarding the possible influencing of a person to vote or refrain from voting by using a pretence or contrivance. Following a review of these complaints, an informal resolution was reached and all cases are now closed.
Showing a marked ballot
[Text version of] "Showing a marked ballot"
- Stand-alone issues: 66
- Total volume: 66
- 0 cases closed*
- 66 cases remaining
*as of December 31, 2019
During the election period, the CCE received 66 complaints related to failure to maintain secrecy. Most of those were related to circumstances concerning electors posting pictures of their marked ballots on social media.
Voting more than once
[Text version of] "Voting more than once"
- Stand-alone issues: 56
- Total volume: 56
- 0 cases closed*
- 56 cases remaining
*as of December 31, 2019
The CCE received 56 complaints regarding individuals voting more than once. Due to the administrative procedures surrounding the retrieval of electoral records, these files remain open. These delays are normal in the immediate post-election environment and it is expected that the CCE will receive the records required to complete its analysis of existing files in 2020-2021.
Transmitting election advertising on polling day
[Text version of] "Transmitting election advertising on polling day"
- Stand-alone issues: 16
- Total volume: 35
- 4 cases closed*
- 31 cases remaining
*as of December 31, 2019
The Act prohibits the transmission, to the public, of election advertising on polling day. This prohibition applies to all advertising messages. Out of the 35 complaints regarding election advertising during the blackout period, 16 were related to candidates advertising on digital platforms. 31 of the 35 complaints were still under review on December 31, 2019.
Failure of third party to register
[Text version of] "Failure of third party to register"
- Stand-alone issues: 15
- Total volume: 34
- 23 cases closed*
- 11 cases remaining
*as of December 31, 2019
Third party advertisers who spend $500 or more during an election period are required to register with Elections Canada and their expenses are subject to spending limits. These limits are dependent on the length of the election period and third parties must be produce reports detailing their expenses within four months of polling day.
Among the 34 complaints received by the CCE during both the pre-electoral and electoral periods, a number were unfounded, while others were quickly resolved through interventions by investigators.