Election blackout renegades could dodge prosecution
Last Updated: Wednesday, October 15, 2008 | 4:25 PM MT
By Andree Lau CBC News
Elections officials will investigate people who illegally publicized early vote results only if they receive a written complaint.
Blogs, social networking sites and some TV broadcasts on satellite were transmitting results from Atlantic Canada in Tuesday's federal election long before the last polls closed in British Columbia and the Yukon.
Section 329 of the Canada Elections Act forbids the transmission of results from any area where polls have closed to electoral districts where voting is still open.
The law, created in 1938, is designed to prevent results from influencing those who have yet to cast a ballot.
'I just don't think it serves any purpose in today's technological environment .... It's not stopping anything anyway.'—Peter Coleman, National Citizens Coalition
But people had posted comments on websites including Twitter and Facebook about Eastern election results as Western Canadians were still voting.
Elections Canada will look into any alleged violations of Section 329 if it receives a written complaint, said John Enright, a spokesman for Elections Canada.
The agency will not confirm or deny if a complaint has been received until the Commissioner of Canada Elections concludes there has been a breach, he added.
The maximum penalty for violating the blackout is a fine of $25,000.
Switching problem blamed for B.C. broadcast error
Local media outlets are allowed to broadcast in their own time zone once polls are closed there, as long as it's not being transmitted to other areas where voting is still going on, explained Enright.
But he said internet broadcasts and websites that can be accessed across the country are not allowed to report results until all polls are closed.
Some television viewers told CBC News that they could see results from other regions via local cable and satellite signals despite the prohibition.
In B.C., CBC Newsworld began showing early results at 6:30 p.m. PT — half an hour before the polls closed in that province. Viewers there saw the beginning of Green Party Leader Elizabeth May's concession speech before the signal was frozen six minutes later.
"Our understanding is it was a switching error," said CBC spokesman Jeff Keay.
But the number of incidents breaking the blackout just shows that the law is outdated, said Peter Coleman, president and CEO of the National Citizens Coalition.
"Are you going to fine the TV stations for that human-error mistake?" he wondered.
"I just don't think it serves any purpose in today's technological environment," he said on Wednesday. "It's not stopping anything anyway."
Unsuccessful challenge of blackout law
The group backed a court challenge by Paul Bryan, a software developer from B.C., who purposely posted early election results in 2000 on his website.
Bryan argued the ban violated the Charter of Rights' guarantee of freedom of expression and of political association. He also said modern technology including the internet rendered the blackout obsolete.
As a private citizen, Stephen Harper voiced support for Bryan's case in 2001, but has offered little comment since taking office.
Last year, the Supreme Court of Canada upheld the blackout law.
Coleman estimated the legal challenge cost upwards of $100,000.
Share Tools
Latest Calgary News Headlines
- Alberta radar running again after breakdown
- Predicting severe weather patterns is still presenting a challenge for local weather watchers after four Environment Canada Doppler radars stopped working properly this week. more »
- Inquiry rules on death of troubled Alberta teen
- A fatality inquiry into the death of a mentally troubled Alberta teenager is recommending hospitals tighten rules on all outings for psychiatric patients. more »
- Alberta readies 60 new ambulances for service
- Around 60 new ambulances will soon be whizzing across the province thanks to a large purchase by Alberta Health Services. more »
- Suspicious death in S.E. investigated
- A man was found dead in southeast Calgary early Friday morning in what police are calling suspicious circumstances. more »
Top News Headlines
- Aylmer triple stabbing leads to first-degree murder charges

- The estranged partner of a young mother who was stabbed to death along with her parents at their home in Aylmer, Que., has been charged with first-degree murder Friday. more »
- Wildfires, high winds put northeastern Ontario on alert
- It's going to be a tense weekend in northeastern Ontario where strong, shifting winds have been fuelling a forest fire that has blanketed the Timmins area with smoke and ash. more »
- Labrador fire out of control
- A forest fire continues to burn out of control in Happy Valley-Goose Bay today, according to provincial firefighting officials. more »
- The risks and responsibilities of taking on Mt. Everest

- The deaths of five climbers last weekend on Mt. Everest, with more summits underway this weekend, fuels the debate about the risks and responsibilities of high altitude climbing. more »
- Former MLA questions need for Alberta Party
- Inquiry rules on death of troubled Alberta teen
- Alberta radar running again after breakdown
- Police couldn’t stop double fatal crash, judge says
- Alberta readies 60 new ambulances for service
- Suspicious death in S.E. investigated
- TEDxYYC brings passionate speakers to Calgary today
- Calgary woman who killed mother gets 5 years
- Beltline attack leaves man critically injured

