Elections Canada has closed an investigation into mysterious phone calls encouraging Saanich-Gulf Island residents to vote for a candidate who dropped out of the campaign. But there's still a chance the agency could look into the controversy surrounding third party advertisers in that riding, Public Eye has learned.
At issue: on the eve of the last election, residents received an automated telephone message in support of New Democrat Julian West.
Mr. West had pulled out of that race as a result of a 12-year-old public nudity incident. But his decision came too late to have his name removed from the ballot.
Those calls appeared to come from New Democrat riding association president Bill Graham's fax machine - even though no such messages were sent from that line.
Elections Canada wasn't able to identify the source of the calls. Nor was the agency able to find anyone who had been influenced by them.
As a result, Elections Canada has closed its investigation into the mystery messages.
But questions remain about the third party advertisers who backed winning Conservative candidate and cabinet minister Gary Lunn.
An ongoing investigation by The Tyee's Andrew Macleod has reported on "connections" between the Tory campaign and those advertisers, prompting allegations of "collusion" by Democracy Watch coordinator Duff Conacher.
In a March 2 letter soon to be made public by the Saanich-Gulf Islands federal Liberal constituency association, Elections Canada legal counsel John Dickson said the agency is reviewing the documentation filed by third party advertisers.
And, according to Mr. Dickson, Elections Canada's commissioner William Corbett could order an investigation if he believes the Saanich-Gulf Island advertiser filings deserve further review. The following is a complete copy of that letter.
***
Commissioner of Canada Election
March 2, 2009
File #E08-432
Mr. Paul McKivett
Saanich - Gulf Islands Electoral Riding Association
Liberal Party of Canada
4019 Loyola Street
Victoria, BC
V8N 3R6
Dear Mr. McKivett,
I am writing in response to your complaint of February 5, 2009 to the Commissioner of Canada Elections, whose duty is to ensure that the Canada Elections Act is complied with and enforced. Please be aware that the Commissioner of Canada Elections does not investigate matters pursuant to the Criminal Code; investigations under the statute are within the purview of the police of local jurisdiction.
Your letter referenced telephone calls ostensibly emanating from the New Democratic Party (NDP) Riding Association for the electoral district of Saanich - Gulf Islands seeking support for Mr. Julian West, the NDP candidate in that electoral district in the 40th federal general election. Polling day in that election was October 14, 2008.
Mr. West was nominated by the NDP as the party's candidate in the electoral district of Saanich-Gulf Islands, however, after the time for which such nomination could be withdrawn pursuant to the Canada Elections Act, the NDP opted to withdraw its support of Mr. West. Support notwithstanding, Mr. West was the official candidate of the NDP in that electoral district for that election and his name appeared on the ballot as such.
On October 13, 2008, the day prior to polling day, telephone calls which appeared to be from the NDP and seeking voting support for Mr. West were received by an unknown number of persons in the electoral district. The NDP has denied making these calls.
Because Mr. West was the official candidate of the NDP, calls seeking support and urging electors to vote for him are not per se illegal. This Office viewed the fact that the calls for support appeared to emanate from the NDP as a possible breach of section 482 of the Canada Elections Act, which stipulates that:
482. Every person is guilty of an offence who (...)
(b) by an pretence or contrivance, including by representing that the ballot or the manner of voting at an election is not secret, induces a person to vote or refrain from voting or to vote or refrain from voting for a particular candidate at an election.
This Office has conducted an investigation into the allegations that the telephone calls were a pretence or contrivance which wrongly sought support for Mr. West, that they induced a person to vote for a particular candidate and that they did not emanate from the NDP.
Since Mr. West was a legitimate candidate, the investigation considered that the pretence or contrivance was the representation that the calls emanated from the NDP Riding Association for the electoral district of Saancih-Gulf Islands. The investigation has concluded that the calls did not come from the NDP Riding Association.
The supposed source of the calls was only visible to those who subscribed to call display on their telephones. The call display did not indicate that the call was from the NDP.
Our investigator found no one who had actually been influenced in their vote because of the purported telephone call, nor was he able to identify the source or person or persons who actually made the calls.
As a result of the foregoing, our investigation has now been concluded.
You also raise an issue with respect to the involvement and actions of third party advertisers in your electoral district during the 40th federal general election. The documents which are required to be filed by third party advertisers registered under the provisions of the Canada Elections Act are currently being reviewed and assessed by Elections Canada Political Financing and Audit Directorate (PFAD). In the event that Directorate is of the view that any such filing requires further review and/or investigation, it is within the discretion of PFAD to refer the matter to the Commissioner for his consideration.
I thank you for bringing these matters to the attention of the Commissioner of Canada Elections.
Yours truly,
John Dickson
Legal Counsel
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