Jan 282013
 
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False robocalls and other election violations jeopardize Canadian democracy.

from Democracy Watch

You’ve heard lots of talk from politicians saying they are concerned about false election robocalls and enforcement of election laws, but it is clear politicians need to be pushed to make key changes to stop false election robocalls and strengthen enforcement.

False robocalls were received by tens of thousands of voters in more than 230 ridings during the spring 2011 federal election, and were also used to mislead voters in some recent provincial elections.

Last March, federal politicians unanimously supported Democracy Watch’s proposal to pass a law quickly to stop false election robocalls, and the NDP’s motion about the law set a deadline for this fall for the federal Conservative government to introduce the law.

Elections Canada has failed to disclose the rulings it has made on more than 3,000 complaints it has received since 1997, and has recently made some very questionable rulings.

To their credit, the federal Liberals introduced private member Bill C-424 last May to increase fines for false robocalls and other fraudulent attempts to sway voters from $2,000-$5,000 up to $20,000 to $50,000. The Conservatives rejected Bill C-424 on Wednesday (Nov. 21).

Also to their credit, the federal NDP introduced private member Bill C-453 on October 17th, sponsored by Democratic Reform Critic MP Craig Scott, that would, if enacted, make changes to prohibit false robocalls during federal elections and strengthen enforcement in ways that match most of Democracy Watch’s recommended changes.

The Alberta Conservative government has also introduced Bill 7 which, among other changes, requires the sponsor of any robocall to clearly identify themselves and their contact phone number and political party affiliation in the call. However, in Alberta there are also questions about the effectiveness of election officials.

In contrast, the federal Conservatives have failed to comply with the resolution they voted for by failing to introduce a government bill to prohibit election fraud robocalls by the end of September.

The Conservatives have also failed to publicly support the NDP’s bill.

Measures to make false robocalls illegal and essentially impossible will help, but there are also enforcement problems.

Elections Canada has failed to disclose the rulings it has made on more than 3,000 complaints it has received since 1997, and has recently made some very questionable rulings.  Elections Canada must be required to disclose every ruling it makes to ensure it proves to Canadians that it is enforcing the law fairly and properly (and election agencies across Canada must also be required to disclose all their rulings).

So please help win these changes by joining with everyone across Canada by sending your letter, and by signing the petition here or here, calling not only on federal politicians to introduce and pass a law to stop false election robocalls and strengthen enforcement, but also for politicians in every province and territory to pass similar laws that apply to their provincial, territorial, and municipal elections.

Here is the Democracy Watch letter:

Dear Canadian politician,

False robocalls were received by tens of thousands of voters in more than 230 ridings during the spring 2011 federal election, and were also used to mislead voters in some recent provincial elections.

Last March, federal politicians unanimously passed a motion setting a deadline for this September for the federal Conservative government to introduce a law to restrict false robocalls.

This law, which is needed at the federal level, and also in every province, territory and municipality across Canada, must require every person or company of any kind that provides any kind of calling or messaging service leading up to or during any Canadian election or by-election campaign to confirm the identity of anyone or any organization booking or sending a robocall or mass call or message before allowing any call or message to be delivered, and must require the person or organization paying for the call or message to pay in a way that identifies them clearly, and must require the call or message to identify the person or organization making and paying for the call or message.

The penalty for false election robocalls and messages must be jail terms and fines, and also that the election candidate or candidates associated with the person or organization who books or pays for the call will not be allowed to be a member of the legislature, or a Cabinet appointee, for 7 years (this is the current penalty for some types of election fraud in the federal Elections Act, and this strong penalty is needed to ensure false robocalls and messages are not used to try to win elections or by-elections).

If these measures are not in the law, anyone will continue to be able to try to win an election by booking false robocalls under a false name.

Measures to make anonymous false robocalls illegal and essentially impossible will help, but there are also enforcement problems.

Elections Canada has failed to disclose the rulings it has made on more than 3,000 complaints it has received since 1997, and has recently made some very questionable rulings. Elections Canada must be required to disclose every ruling it has made in the past 15 years, and every ruling it makes in the future, to ensure it proves to Canadians that it enforces the law fairly and properly (and election agencies across Canada must also be required to disclose all their rulings).

Please let me know what you will do to ensure that these changes are made as soon as possible. I will be deciding which political party to vote for in the next election based on the responses I receive from representatives in each party. I look forward to hearing from you.

Yours truly, etc

Source

About Democracy Watch


Democracy Watch is a national non-profit, non-partisan organization, and Canada’s leading citizen group advocating democratic reform, government accountability and corporate responsibility.

© Copyright 2013 Democracy Watch, All rights Reserved. Written For: StraightGoods.ca
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  One Response to “Urge Ottawa to enforce election laws”

  1. Re the petition, since the petition webpage is not secure, and full name, email. and complete home address are required, I decided not to sign. 
    Given the threat of identity theft and insecurity of personal data on the web, I chose to be cautious. 

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