Wednesday, February 19, 2014

Elections Laws are about the most important of all laws in a Democracy.

Elections Laws are about the most important of all laws in a Democracy. 

http://www.thestar.com/news/canada/2014/02/10/guy_giorno_tapped_as_conservatives_legal_adviser.html

“details the terms of Guy Giorno’s new gig as the Conservatives’ legal advisor. He’s a good choice. He knows the legal thickets surrounding partisan activity well, and understands the difference between what the party might hope and what the rules actually say”

It is very clear the Conservatives plan on using newly created loop holes in the election law.

***** Elections and their Laws determine the Government chosen to manages our public resources and determines our fate. *****

Canada's election flawed laws are the reason we not able to obtain a Good Government. If you are in doubt for a second that about the about this. Look at the FIFA, TPP and CETA investment treaties. These are secret agreement and are particularly harmful because it denies public access to arbitration case decisions miss-leading the public into believing their government is able to exercise sovereign powers.

Also FIPA and similar investment treaties are NOT required for trade "Brazil has not ratified a single investment treaty yet its foreign direct investment in 2011 stood at a record $66.7 billion."

http://tdwebste.blogspot.ca/2012/12/fipa-like-treaties-with-investor-state.html

http://www.troymedia.com/2012/12/17/stephen-harper-left-india-with-no-fipa-heres-why/


***** Democracy requires an informed public voting in fair elections. *****

Election Laws that purposely restricting students and others who are less likely to vote for the Conservatives by not actively providing them information they require to vote is in direct violation of our Constitution.

Canada's Election Laws are required to provide Good Government by our constitution.
http://www.solon.org/Constitutions/Canada/English/ca_1867.html

91. It shall be lawful for the Queen, by and with the Advice and Consent of the Senate and House of Commons, to make laws for the Peace, Order, and good Government of Canada,

http://www.slaw.ca/2014/02/09/why-the-conservatives-fair-elections-act-could-be-unconstitutional/

***** Bill C-23 “Fair Election Act” is designed with loopholes to enable conflicts of interest and financial corruption *****

**** Pre-election spending is unmonitored and unregulated.
PART 16 Communications
319. The definitions in this section apply in
this Part.
“election advertising” means the transmission
to the public by any means during an election
period

The removal of public political financing will only lead to greater
political favouritism and corruption of the public trust.

Corruption and democracy: Political finances - conflicts of interest -
lobbying - justice (2008)

Author(s) :
Alexander Seger, Drago Kos, Alvis Vilks, Ömer Faruk Gençkaya, Manuel
Villoria Mendieta, Alan Doig, Siim Kallas, Rogier Chorus, William
Dinan, David Miller, Pim Albers, Nihal Jayawickrama
ISBN 978-92-871-6355-4

The effects of unregulated political financing are well documented.

- elections represent less a competition of political positions and ideas and more the ability of political parties and candidates to raise funds, leading to an arms or propaganda race disconnected from political debate;

- political money may buy access to office and access to decision makers.

- unregulated political finances are not transparent. It is thus impossible for voters to determine whose interests politicians are representing, and to hold them accountable.

http://news.nationalpost.com/2011/02/03/parties-open-vaults-in-pre-election-blitz/

http://www2.macleans.ca/2011/03/14/conservative-government-spends-26-million-on-winter-ad-blitz/


http://www2.macleans.ca/2011/03/14/conservative-government-spends-26-million-on-winter-ad-blitz/

http://www.theglobeandmail.com/news/politics/federal-ad-spending-exceeds-projections/article16503725/
“self-promotion at taxpayer expense, spending $2.5-million to advertise a job grant that does not yet exist and recently launching a weekly video of Prime Minister Stephen Harper’s activities. “
Economic Action Plan has ended and these are simply Conservative Party ads paid out of tax dollars.
“The Conservative government has spent more than $100-million on Economic Action Plan ads since 2009, in spite of opposition complaints that the ads amount to political propaganda at taxpayers’ expense. “


http://www.thestar.com/news/canada/2011/08/19/ndp_calls_for_tough_preelection_ad_rules.html

During the pre-election off the books unmonitored and unregulated includes 10 of millions on advertising and public propaganda by Special Interest,  Unions and National, International Business to insure a favourable Government is elected.

The financial benefits propaganda and cost of not indoctrinating the public to be favourable are enormous. Consider financial cost to International Oil resource extraction industry of limitations on exploration.  Consider the financial cost to National Internet providers and International content controllers.

http://www.cbc.ca/player/Shows/The+National/About+the+Show/Wendy+Mesley/ID/1858697835/



**** Listed allowed ID documents selectively discriminate against non-drivers, young, students, aboriginals and seniors.

The Voter Information Card along with other identifying documentation such as student card, passport ... is no longer accepted.

**** Elections Canada is legally prevented from educating voters to increase dis-enfranchised voter turn out. 

http://www.elections.ca/content.aspx?section=res&dir=rec/part/nysr&document=p3

64% of youth cite access barriers as the reason they did not vote

Student and other organizations representing dis-enfranchised voters state that more information is required with Voter Information Cards. Including voting options, locations, ID instructions and list of the candidates. Delivery must occur early, and additional followup mailings or email if the voter provides this. There are many mobile people who rely on email rather than regular mail.

**** Direct marketing advertisements to known Party supporter encouraging their financial and implied turn out at the elections poles is unrestricted.

The Conservatives “Canada Election Act” prevents Elections Canada from educating voters so that they may vote in a fair election. Further the Conservatives added a loop hole to enable them to selectively encourage their known supporters to participate.

(3) The commercial value of services provided
to a registered party for the purpose of
soliciting — by mail, telephone or other electronic
means — monetary contributions is not
an election expense under subsection (1), as
long as the soliciting is directed only towards
individuals who have made at least one monetary
contribution of $20 or more to the registered
party or to one of its registered associations,
nomination contestants or candidates in
the five years before polling day for the election
period in which the services are provided.

This is in direct violation of the requirements of Good Government Democracy and in violation of constitutional intent of

91. It shall be lawful for the Queen, by and with the Advice and Consent of the Senate and House of Commons, to make laws for the Peace, Order, and good Government of Canada,

**** Are not sufficient punishment for over spending in Canada's winner take all leadership and fist past the post voting. 

Excessive over spending should result in negatives, fining violators for their vagrant disregard for spending limits.

85. (1) Section 465 of the Act is amended
by adding the following after subsection (2):

(2.1) If a candidate’s election expenses, as
set out in his or her electoral campaign return,
exceed the maximum amount that is allowed
under section 440, the amount that is provided
for in subsection (2) is reduced as follows:
(a) by one dollar for every dollar that exceeds
the maximum amount by less than 5%;
(b) by two dollars for every dollar that exceeds
the maximum amount by 5% or more
but by less than 10%;
(c) by three dollars for every dollar that exceeds
the maximum amount by 10% or more
but by less than 12.5%; and
(d) by four dollars for every dollar that exceeds
the maximum amount by 12.5% or
More.

**** Elections Canada ability to enforce election regulations has been removed
and placed under the control of the Office of the Director of Public Prosecutions which is appointed by the politically Auditor General appointed by the PM. Further there are infective prosecution publication requirements. This in effect allow the public to be kept in the dark about vagrant violation of the Elections Canada Act spending limits which.

Office of the Chief Electoral Officer:
(a) the portion known as the Investigations
Directorate;
(b) the portion known as the Compliance
and Enforcement Directorate; and
(c) the portion known as Internal Services
– Investigations and Compliance and Enforcement.

Now the responsibility of
Office of the Director of Public
Prosecutions

Appointed by the Auditor General
Which is appointed by the PM