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[38]
The selection of the location of each polling station is among the responsibilities of the
returning officers for each district with the approval of the Chief Electoral Officer. That would
notification to electors of such a change would also be the responsibility of the returning officers
and Chief Electoral Officer.
[39]
Section 281 prohibits anyone from interfering with an elector when marking a ballot,
from making false statements or from preventing an elector from voting. Interference with an
elector would include the type of conduct complained of in this proceeding; that is, deliberately
providing false information about a change in the location of a polling station.
[40]
Part 19 of the Act, containing sections 479-521.1, deals with enforcement issues. Section
480 creates a general offence of obstructing the electoral process. Other specific offences are set
out in sections 481 to 499. These include the offence of electoral fraud under s 482(b) (inducing
a person to refrain from voting or refrain from voting for a particular candidate “by any pretence
or contrivance”) and that set out in paragraph 491(3)(d) (wilfully preventing or endeavouring to
prevent an elector from voting at an election). These are the offences, according to the ITOs,
which are being investigated by the Commissioner of Canada Elections in regard to the 2011
elections.
[41]
Section 500 contains the general punishment provisions for the offences created by the
preceding sections. The maximum penalties range from a fine of not more than $1,000 or three
months’ imprisonment, or both, in most cases and a fine of $25,000 in one case, on summary
2013 FC 525 (CanLII)
include any relocation of a polling station. The scheme of the legislation suggests that any
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