CORRUPT PRACTICES: CERTAIN OFFENCES COMMITTED KNOWINGLY

The title above is also the title for Section 90 of the Municipal Elections Act 1996 (MEA). Section 90.(1) states: " If, when a person is convicted of an offence under section 89, the presiding judge finds that the offence was committed knowingly, the offence also constitutes a corrupt practice".

Section 89. states that : " A person is guilty of an offence if he or she, (h) furnishes false or misleading information to a person whom this Act authorizes to obtain information".

Finally Section 91 is titled "Corrupt practice and ineligibility for office". Section 91.(1) states " If a person is convicted of a corrupt practice under this Act, or an offence under the criminal Code (Canada) in connection with an act or omission that relates to an election to which this Act applies, then, in addition to any other penalty provided for in this Act, (a) any office to which the person was elected is forfeited and becomes vacant; and (b) the person is ineligible to be nominated for, or elected or appointed to, any office until the next two regular elections have taken place after the election to which the offence relates".

Those sections would tend to give the average citizen confidence that the law abhors intentional lying and coverups in order to hide contraventions and avoid accountability for Election Act violations. The problem is of course that lying and coverups of mistakes and errors are standard operating procedure for most politicians. It is their bread and butter. The only way a politician will ever admit to an offence is if they are caught red handed in front of multiple, unimpeachable witnesses.

Speaking of "...in addition to any other penalty provided for in this Act" from Section 91.(1) we will now examine Section 94.1 and 94.2 . Section 94.1 (1) states : " An individual who is convicted of an offence under this Act is liable to the following penalties in addition to any other penalty provided for in this Act:
1. For any offence, a fine of not more than $25,000.
2. For any offence other than a corrupt practice, the penalties described in subsection 80 (2).
3. For an offence under section 90, imprisonment for a term of not more than six months.
4. For any offence that the presiding judge finds that the individual committed knowingly, imprisonment for a term not more than six months.".

Wow now that even more makes it clear that intentional lying and coverups of Municipal Election Act contraventions are viewed as criminal acts requiring serious penalties including imprisonment. I would suggest that a few months back no one in Elmira remotely considered either imprisonment or heavy duty fines as being appropriate. Since then however all three local Woolwich cases have shocked citizens into realizing that the processes available to hold election candidates accountable are very susceptible to manipulation and improper behaviour.

Lastly Section 94.2 (1) advises us that: " No prosecution for an offence under this Act in relation to a regular election shall be commenced after December 1 of the fourth year following the year in which the regular election was held.". Well that certainly makes it interesting for the forseeable future doesn't it? I think tomorrow's posting may more carefully examine Sections 89, 90 and 91 as to how they may apply to our cases here in Woolwich Township.