Prosecution of Electoral Offences

AuthorGregory Tardi
[  ]
 22
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

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