SHRYBMAN: The Fair Elections Act hinders whistle-blowing

[Oscar]

SHRYBMAN: The Fair Elections Act hinders whistle-blowing

[ http://www.ottawacitizen.com/opinion/op ... story.html ]

By Steven Shrybman, Ottawa Citizen February 5, 2014

On Feb 4, the federal government tabled Bill C-23, the Fair Elections Act, to amend the Canada Elections Act. Unfortunately, the amendments, if passed, will do little to curtail the type of electoral fraud that took place during the May 2011 federal election. What they will do is make it much less likely that electors will ever learn of such activity when it does occur, or that those involved will be prosecuted.

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This is because the Bill would prohibit the Chief Electoral Officer from blowing the whistle on voter fraud, as he did in March 2013. Section 18 of the Bill strips the Chief Electoral Officer of his right to use “the media or other means” to “provide the public … with information relating to Canada’s electoral process, the democratic right to vote and how to be a candidate.” The Chief Electoral Officer would be explicitly precluded from speaking of such matters.

By muzzling the Chief Electoral Officer, the government is seeking to keep key information about voter fraud from electors. This will make it far less likely that a government will have to contend with a timely judicial inquiry into voter fraud, thus obviating the need to again engage in “trench warfare” to prevent such a case from being heard in court.

As for the risk that perpetrators of voter fraud will be prosecuted by the Commissioner of Elections, the increased penalties in Bill C-23 have to be weighed against the risk of getting caught. To be sure, the Commissioner’s current record on that score is far from exemplary. Of the 200 ridings in which voter fraud is reported to have occurred during the May 2011 election, charges have been laid in respect of only one riding. But the likelihood of prosecution is further reduced under Bill C-23, which provides that the Commissioner of Elections is no longer to be appointed by Chief Electoral Officer, who is accountable to Parliament and not to the particular government in power. Instead, the Commissioner will be appointed by a civil servant and report to the Attorney General.

Moreover to ensure that no-one learns of any such investigation, the Bill precludes the Commissioner from revealing that any investigation is underway without the consent of all involved, including the person or political party under investigation.

Finally, and perhaps most importantly, nothing in the Bill would hold a political party to account for the unauthorized use of its database by those who have access to it. That is precisely what the “Pierre Poutines” (yes, likely more than one) did in 2011. Until such accountability is established, voter fraud will likely remain a feature of the Canadian electoral process.

But don’t worry; you’ll probably never hear about it.

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Steven Shrybman is a partner at Sack Goldblatt Mitchell and represents the Council of Canadians.

[Oscar]

NESTRUCK: Harper stomps on Democracy

The Editor, Winnipeg Free Press February 8, 2014

Dear sir,

Elections Canada's role is to guarantee fair, democratic elections.

New, Harper government proposed legislation curtails most of the means by which Elections Canada guarantees fair elections in our country. The proposed changes to the powers of Elections Canada not only remove any and all powers to investigate things like the 'Robo-calls' and the 'In and Out' scandal, but also blatantly stops Elections Canada from communicating directly with the people of Canada.

Considering the other blatant attacks this Harper government has already inflicted on Parliament's ability to serve the citizens…Prorogation, undermining of Parliamentary Committees, Omnibus bills that hide a concerted attack on many democratic institutions in a mountain of paper, etc., it is no surprise that those who know the history of Germany pre-WWII and the rise of Fascism, see Harper as leading a complete dismantling of our precious Canadian Democracy under the guise of building our economy, but which in reality he has put in the hands of international multi-nationals.

The WPF would do well to provide its readers with much more commentary of this proposed legislation which is being brought before Parliament under the cover of the Olympic media frenzy…. Headline: 'Canada goes for Gold while Harper steals Democracy'

Shane Nestruck
381 Arnold Ave
Winnipeg, MB, R3L 0W8
204-510-8828
ShaneDN@shaw.ca