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Court Ledger

This court ledger contains the proceedings instituted by the Chief Electoral Officer in response to offences under the Election Act, the Act respecting elections and referendums in municipalities, the Act respecting school elections or the Referendum Act.

You will notice that the court ledger contains only the proceedings that were ongoing on April 1, 2016 or that have been instituted since that time. For information on a proceeding concluded prior to this date, please contact us.

To obtain information on a matter before the court, please contact a courthouse registry, as this information is a matter of court administration. However, the result of the judicial process will be shown in this court ledger.

Process

The Chief Electoral Officer is mandated to act as a public prosecutor. Accordingly, whenever a complaint, inspection or enquiry reveals an offence under election laws, a statement of offence can be served. The defendant then has 30 days in which to plead guilty or not guilty in relation to the offence in question.

If the defendant pleads guilty, he or she receives the fine determined by the prosecutor pursuant to the applicable provisions of the election laws. If the defendant does not enter a plea, if he or she pleads not guilty, or if he or she contests the fine, the file is referred to the Court so that a trial may be held and the fine amount is determined by the Court, if any.

Penalties

  1. Fines
  2. An offence under election laws leads to a fine.

  3. Loss of election rights
  4. Certain offences are deemed to constitute corrupt electoral practices, leading to the loss of such election rights as the right to run for office in an election, the right to vote and the right to engage in partisan work. These rights are forfeited for a five-year period, commencing at the time the individual pleads guilty or at the time the finding of guilt can no longer be appealed, that is, 30 days after such a finding has been rendered.

    To determine whether this penalty applies, please refer to the following provisions:

  5. Refusal or loss of authorization to enter into a contract or subcontract with a public body
  6. The Chief Electoral Officer sends the Anti-Corruption Commissioner and the Secrétariat du Conseil du trésor information on the proceedings instituted and any convictions for the purpose of the enforcement of the Act respecting contracting by public bodies.

    Certain offences under election laws can result in a refusal or loss of authorization to enter into a contract or a subcontract with a public body.

    To determine whether this penalty applies, please refer to the Act respecting contracting by public bodies.