Thursday, January 26, 2017


Following is a verbatim copy of the statement I tried to read to provincial Offences Court yesterday. The law as awkward and unwieldy as always said that the citizen who filed the charges in the first place has no right to address the court. Fine so I handed it out to the Woolwich Observer, Waterloo Region Record and CKCO-TV (Kitchener). All three ran with it including direct quotes from it.

January 25, 2017

Provincial Offences Court - Kitchener

A decision not to prosecute this case involving blatant and outrageous contraventions of the Municipal Elections Act will encourage disrespect and non-compliance of our election laws. Why should candidates play by the rules when even when caught red handed are not prosecuted? This proposed decision brings the administration of justice into disrepute and makes it clear that enforcement of municipal election laws, by our judicial authorities, will not occur.

Laws are supposed to be inherently in the public interest in the first place. It would make common sense for the Prosecutor to suggest that pollution, armed gangs, drinking and driving are all not in the public interest. Democracy however is in the public interest as are elections and election laws. The only way that enforcing election laws would not be in the public interest is if the individual case involved was of a very minor and or technical contravention. The Forensic Audit by Froese Partners, paid for by the taxpayers, says otherwise.

The definition of public interest is "the welfare or well being of the general public, of relevance to the general populace and or a news story of public interest". The media are here today and have been here earlier precisely because this case is in the public interest. Elections at all levels, municipal, provincial and federal are always well covered by the media again because they are of public interest and in the public interest. Another definition of public interest is the "welfare of the general public in contrast to the selfish interest of a person, group or firm in which the whole society has a stake and which warrants recognition, promotion, and protection by the government and its agencies".

There is no greater public interest than ensuring the citizens of a country have confidence in the integrity of their democratic elections. The Municipal Elections Act was passed to ensure a level playing field by among other things demanding that candidates list all their expenses and all their contributions on their Financial Statements. There are a number of other rules which candidates are assisted with by municipal staff prior to election day and the much later deadline for filing Financial Statements. A legally recognized Oath is taken by the candidate when he signs his completed Financial Statement.

I ask your Honor not to permit withdrawal of the charges which I laid in good faith and in accordance with the Municipal Elections Act Section 81(17). I do not know what options are available to the court but am willing to assist in any way possible.

Sincerely Alan Marshall

Following are some of the media links: Woolwich Observer

Waterloo Region Record

CKCO-TV (Kitchener)

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