Commissioner of Canada Elections Announcesthe Laying of Canada Elections Act Charges
OTTAWA, September 26, 2013
- Pursuant to a decision by the Director of Public Prosecutions, the Commissioner of Canada Elections, Mr. Yves Côté, has announced his office has laid four charges under the Canada Elections Act, a federal statute.
- The charges were filed on September 26, 2013 in the Ontario Court of Justice in Peterborough.
- Dean Del Mastro and Richard McCarthy are charged with:
- incurring election expenses in an amount more than the election expenses limit, contrary to subsection 443(1) of the Act, thereby committing an offence contrary to subsections 497(3)(p) and 500(5) of the Act;
- providing the Chief Electoral Officer an electoral campaign return that omitted to report a contribution of $21,000.00, omitted to report an election expense of $21,000.00 and instead reported an election expense of $1,575.00, and in so doing provided a document referred to in subsection 451(1) of the Act that each knew or ought reasonably to have known contained a material statement that was false or misleading, contrary to paragraph 463(1)(a) of the Act, thereby committing an offence contrary to subsections 497(3)(v) and 500(5) of the Act;
- providing to the Chief Electoral Officer an electoral campaign return that omitted to report a contribution of $21,000.00, omitted to report an election expense of $21,000.00 and instead reported an election expense of $1,575.00, and in so doing knowingly provided a document referred to in subsection 451(1) of the Act that did not substantially set out the information required by subsection 451(2), contrary to paragraph 463(1)(b) of the Act, thereby committing an offence contrary to subsections 497(3)(v) and 500(5) of the Act.
- Dean Del Mastro is also charged with:
- wilfully exceeding the contribution limit for a candidate in his own election campaign, thereby committing an offence contrary to subsections 497(3)(f.13) and 500(5) of the Act.
- The Commissioner of Canada Elections is responsible for ensuring that the Canada Elections Act and Referendum Actare complied with and enforced. The Chief Electoral Officer appoints the Commissioner under theCanada Elections Act.
"In our electoral system, it is fundamentally important that the spending and contribution limits enacted by Parliament be respected. It is also essential that the reports and information provided to Elections Canada be accurate and truthful," said Mr. Côté. "The level-playing field principle and the requirement for transparency call for nothing less. We will continue to be vigilant to ensure that these rules are observed."
Charge no. 1
That Dean Del Mastro, being a candidate in the 40th federal general election in the electoral district of Peterborough, and Richard McCarthy, being the official agent of candidate Dean Del Mastro in the 40th federal general election in the electoral district of Peterborough, did wilfully, between September 14, 2008 and October 14, 2008, at or near the City of Peterborough, the City of Ottawa and elsewhere in the Province of Ontario, incur election expenses in an amount that was more than the election expenses limit of $92,655.79 calculated under section 440 of the Canada Elections Act for the electoral district of Peterborough in that election, contrary to subsection 443(1) of the said Act; thereby committing an offence contrary to subsections 497(3)(p) and 500(5) of the Canada Elections Act, S.C. 2000, c. 9, as amended;
Charge no. 2
And further, that Dean Del Mastro, being a candidate in the 40th federal general election in the electoral district of Peterborough, between September 14, 2008 and October 14, 2008, at or near the City of Peterborough, the City of Ottawa and elsewhere in the Province of Ontario, did pay an election expense of $21,000.00 out of his own funds, thereby making a contribution and, in so doing, wilfully exceeded the contribution limit of $2,100.00 for a candidate in his own election campaign as calculated under subsections 405(1), 405(4)(a) and section 405.1 of the Canada Elections Act, contrary to subsection 405(1) of the said Act; thereby committing an offence contrary subsections 497(3)(f.13) and 500(5) of the Canada Elections Act, S.C. 2000, c. 9, as amended;
Charge no. 3
And further, that Dean Del Mastro, being a candidate in the 40th federal general election in the electoral district of Peterborough, and Richard McCarthy, being the official agent of candidate Dean Del Mastro in the 40th federal general election in the electoral district of Peterborough, did, between February 9, 2009 and February 13, 2009, at or near the City of Peterborough, the City of Ottawa and elsewhere in the Province of Ontario, provide to the Chief Electoral Officer an electoral campaign return that omitted to report a contribution of $21,000.00 from Dean Del Mastro to his campaign, omitted to report an election expense of $21,000.00 and instead reported an election expense of $1,575.00, and in so doing did provide to the Chief Electoral Officer a document referred to in subsection 451(1) of the Canada Elections Act that each of them knew or ought reasonably to have known contained a material statement that was false or misleading, contrary to paragraph463(1)(a) of the said Act; thereby committing an offence contrary to subsections 497(3)(v) and 500(5) of the Canada Elections Act, S.C. 2000, c. 9, as amended;
Charge no. 4
And further, that Dean Del Mastro, being a candidate in the 40th federal general election in the electoral district of Peterborough, and Richard McCarthy, being the official agent of candidate Dean Del Mastro in the 40th federal general election in the electoral district of Peterborough, did, between February 9, 2009 and February 13, 2009, at or near the City of Peterborough, the City of Ottawa and elsewhere in the Province of Ontario, provide to the Chief Electoral Officer an electoral campaign return that omitted to report a contribution of $21,000.00 from Dean Del Mastro to his campaign, omitted to report an election expense of $21,000.00 and instead reported an election expense of $1,575.00, and in so doing did knowingly provide to the Chief Electoral Officer a document referred to in subsection 451(1) of the Canada Elections Act that did not substantially set out the information required by subsection 451(2), contrary to paragraph 463(1)(b) of the said Act; thereby committing an offence contrary to subsections 497(3)(v) and 500(5) of the Canada Elections Act, S.C. 2000, c. 9, as amended.
