What penalties are envisioned for offences related to obstructing the electoral process?

Canada

Canada

Answer
  • Both fine and imprisonment
  • See also comments
Source

Canada Elections Act (published 2000-05-31, last amended 2012-04-01), http://laws.justice.gc.ca/PDF/E-2.01.pdf


 

 (1) When a person has been convicted of an offence under this Act, the court may, having regard to the nature of the offence and the circumstances surrounding its commission, and in addition to any other punishment that may be imposed under this Act, by order direct the person to

 

(a) perform community service, subject to any reasonable conditions that may be specified in the order;

 

(a.1) if the offence results, directly or indirectly, in a financial benefit under this Act, or a contribution for which a receipt referred to in subsection 127(3) of the Income Tax Act was issued, pay to the Receiver General an amount that is not more than the financial benefit or contribution, as the case may be;

 

(b) compensate any other person who has suffered damages as a result of the commission of the offence;

 

(c) perform any obligation the non-performance of which gave rise to the offence; or

 

(d) take any other reasonable measure that the court considers appropriate to ensure compliance with this Act.

 

 (2) If a registered party, its chief agent or registered agent or one of its officers has been convicted of an offence referred to in subsection (3), the court may, having regard to the nature of the offence and the circumstances surrounding its commission, and in addition to any other punishment that may be imposed under this Act, by order,

 

(a) direct the Chief Electoral Officer to deregister the party;

 

(b) if it directs deregistration under paragraph (a), direct the chief agent — or another person specified by the court — to liquidate the party’s assets; and

 

(c) if it directs liquidation under paragraph (b), direct the financial agent of each registered association — or another person specified by the court — to liquidate the registered association’s assets.

 

(3) For the purposes of subsection (2), the provisions are:

 

(a) paragraph 497(3)(b.2) (providing or certifying false or misleading information or making false declaration);

 

(b) paragraph 497(3)(b.3) (providing false or misleading information);

 

(c) paragraph 497(3)(f.07) (failure to provide financial transactions return or related documents);

 

(d) paragraph 497(3)(f.161) (entering into prohibited agreement);

 

(e) paragraph 497(3)(f.162) (making representation re contribution);

 

(f) paragraph 497(3)(f.163) (collusion);

 

(g) paragraph 497(3)(i) (failure to provide financial transactions return or related documents);

 

(h) paragraph 497(3)(k) (providing financial transactions return containing false or misleading statement);

 

(i) subparagraph 497(3)(m)(ii) (providing election expenses return containing false or misleading statement); and

 

(j) paragraph 497(3)(v) (providing electoral campaign return containing false or misleading statement or one that is incomplete).

[…]

Comment

In the case of some offences, additional punishments to those listed above can also be imposed: 

perform community service;

compensate any other person who has suffered damages as a result of the commission of the offence;

perform any obligation the non-performance of which gave rise to the offence;

take any other reasonable measure that the court considers appropriate to ensure compliance with this Act;

de-register political party and liquidate the party’s assets;

 

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