Upon hearing credible reports of alleged disinformation and robo-calls disparaging candidates and misinforming voters of their polling locations in my city (London, Ontario), I formally submitted a complaint to Elections Canada. Yesterday (May 11, 2011), I received a response from Elections Canada (see below).
Regarding alleged disinformation calls (from inside or outside city or country):
Elections Canada response:
"Although the Canada Elections Act regulates many aspects of the federal electoral process, including advertising, nothing in the Act prohibits or regulates the use of telephone solicitation seeking support for a particular candidate or party, nor does anything regulate the content of such calls. This is the same whether the calls are made from within an electoral district, or from without. Consequently, no issue of compliance or enforcement arises from calls whose source is identified. This recognizes the role played by free speech in democratic debate, including speech of a highly partisan nature that some may find offensive."
For context see Embassy Magazine's article and the London Free Press article.
Regarding alleged robo-calls (from inside or outside city or country):
Elections Canada response:
Advertising
"Your concern about press reports of "robo-calls" providing false information regarding polling stations is of a different character. Your remarks will be considered in the context of an inquiry ongoing with regard to calls of this nature that have been reported to this office."
For context see Dominion News article, CBC's recent article and audio of a robo-call and the London Free Press article.
Questions Canadians may want to consider:
1. In light of 21st century technological capabilities and the rise of American-style dirty tricks seeping into Canadian elections, should Canadians push parliament to give Elections Canada new powers to prohibit future eve-of-election slander by any political party or interest group (domestic or foreign)?
2. If Elections Canada can't or won't pursue the disinformation calls should other legal instruments (e.g., libel and slander law) be pursued?
3. Will journalists pursue the matter? Surely, with today's digital tracking technologies the origin of those making both the disinformation and robocalls can be determined and exposed.
4. Other questions???...
(Follow me on twitter: @MediatedJustice)
This lack of enforcement of election laws by Elections Canada is a chilling attack on our democracy and should have received far more coverage in the media than it has. In my riding (Mississauga East-Cooksville), Canada Post illegally delivered attack ad flyers (CON attacking the Liberal incumbent) to voters on May 2, the day of the election. A formerly "safe" riding then fell to the CONs.
My partner reported this to his returning officer and this official didn't know the law and just made weak excuses defending the CON candidate and Canada Post's actions. My partner was told to wait for a callback so the officer could look up the rules. He never got the callback. He then called Elections Canada's toll-free number and was told to call his returning officer. He finally heard online that all complaints to Elections Canada must be in writing - so on May 10 he sent a complaint to their Ottawa office. We're not holding our breath waiting for a response.
IMHO the following things need to happen if this country is going to bother having election laws to protect our democracy, otherwise the laws are a farce:
- Clearly spell out the laws governing elections AND the penalties for violating these laws. This info should be transmitted to the public and all political parties every time an election governed by these laws is called. It goes without saying that ALL Elections Canada staff should be familiarized with these laws.
- All complaints to Elections Canada re violations are to be FULLY investigated and penalties instituted where appropriate - NO exceptions!
- Any individual whose reputation is attacked by spreading proven falsehoods in an election campaign by any means (print, electronic, telephone) should have full recourse to institute a civil action for libel and/or slander against the perpetrator(s).
- Anyone responsible for misleading voters in such a manner as to infringe on their right to vote (i.e. calling voters and giving false information re polling stations) should be heavily penalized for violating democratic and human rights. If it's a political party, the penalty should be up to and including being stripped of their party status and prohibited from forming a government if they win the election.