Inside Politics

UPDATED: CPC vs. Elections Canada: Okay, this time, it actually is a sweeping victory ...

by Kady O'Malley Posted: January 18, 2010 11:22 AM Last Updated: January 18, 2010 12:29 PM
Hot off the Federal Court newswire comes word of a pretty darned decisive-sounding win for the Conservatives in their long-running dispute over the in-and-out election financing scheme: 

A decision was issued this morning by the Honourable Luc Martineau of the Federal Court in file T-838-07:

IN THE MATTER OF L.G. Callaghan and the Chief Electoral Officer of Canada

Summary:

Following the hearing held in November 2009, the Court has set aside the Chief Electoral Officer's decision to refuse to certify the advertising expenses claimed by the two applicants in relation to their campaigns' share of a Regional Media Buy (RMB) program organized by the Conservative Party of Canada during the 39th general election, which took place on January 23, 2006. The Court has determined that the claimed advertising expenses were incurred by the applicants and has ordered the Chief Electoral Officer to provide the Receiver General of Canada with a new certificate.


A copy of the decision can be obtained via the Web site of the Federal Court:

http://cas-ncr-nter03.cas-satj.gc.ca/portal/page/portal/fc_cf_en/Index

 

So, what happens next? Well, in theory, the still ongoing parallel investigation by the Commissioner of Elections is unaffected by today's ruling, which was sparked by an appeal for judicial review, but in practice, it seems highly unlikely that it will lead to the laying of charges under the Elections Act, given this indirect, but pointed precedent.

UPDATE: Okay, having had the chance to read the decision in full, I think it can still be called "decisive" -- but with an asterisk; namely, that "if the Party, the Fund or any other persons are charged and found guilty of the offences mentioned above, subsection 501(1) of the Act, notably paragraph (a.1), authorizes the court to make a restitution order to have any amount
paid back to the Receiver General." Which means if the commissioner does proceed with his investigation, lays charges and wins a conviction, the money will have to be paid back, which the Conservative Party has agreed to do on the candidates' behalf if required:  

[276] [...]The Party and the Fund have undertaken to reimburse the Receiver General, on behalf of the applicants (and other candidates who incurred similar expenses), any amount paid by the Receiver General, if the situation arises where a final judgment or a restitution order under paragraph 501(1)(a.1) of the Act is rendered and the applicants (and other official agents) are required repay the amount received as reimbursement for the claimed advertising expenses.


Also, this particular ruling applies only to the "two individual candidates," and not every candidate whose expense claims were rejected by Elections Canada, noting that "the sums of money involved are modest." Presumably, they could now file similar applications based on this decision. 

Tags: blackberry jungle, in-and-out, judicial activism isn't always a bad thing