Prosecution of Electoral Offences

• Author: Gregory Tardi
• Pages: 574-577

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 22

POSECUTION F

ELECTOAL OFFENCES

e electoral system of Canada requires protection from misuse and

abuse through various statutory declarations that some forms of con-

duct constitute oences. Moreover, a public ocial, the Commissioner of

Canada Elections (see Chapter , pages –), is entrusted with the

administration of this regime of sanctions. Part  of the Canada Elections

Act comprises the provisions relevant to this topic.

e Act f‌irst creates a number of oences. As observers may well

imagine, in the conduct of Democracy in general and of the electoral

process in particular, some may hold the view that there are no limits to

conduct designed to achieve power and to hold public oce. e view of

the Canadian state is dierent. Some conducts are not only discouraged

but forbidden.

Separately, the Act sets out the punishment for each oence. Similar

provisions are not unusual, in that they can be found in a number of

federal statutes.

e most notable feature of the electoral system, regarding its crim-

inal aspect, is the manner in which it is scaolded. In respect of the

electoral system, the commissioner acts as if they were the Director of

Public Prosecutions. e administration of the enforcement provisions,

that is the investigation of alleged oences and their prosecution, is