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Chief electoral officer wants law against false claims meant to undermine elections

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OTTAWA — Canada’s chief electoral officer is calling for changes to the country’s election law to combat foreign interference in elections and the spread of misinformation.

Stéphane Perrault has suggested creating a new offence of making false statements to undermine an election — for example, claiming that the results have been manipulated.

The recommendation is one of many made by Perrault in a report for MPs on issues arising from the last two general elections in Canada in 2019 and 2021.

The report released Tuesday said the changes are needed to “protect against inaccurate information that is intended to disrupt the conduct of an election or undermine its legitimacy.”

The new offence in the Canada Elections Act would stop people or bodies from knowingly making false statements about the voting process to disrupt an election or undermine its legitimacy.

At a news conference, Perrault said the law would be applied narrowly to statements designed to undermine trust in the election or its result and would not hinder free speech by voters.

Currently, it is not illegal to deliberately mislead someone about how, where and when to vote.

The Canadian Civil Liberties Association warned against too broad an application of a law outlawing statements during an election.

“You need to narrowly define what kind of falsehoods you are talking about and the intention behind the statement so it doesn’t capture people making mistakes,” said Cara Zwibel, a CCLA lawyer.

“What this is aimed at and trying to regulate is a statement such as ‘voting got changed to tomorrow,’ which is designed to mislead.”

Emmett Macfarlane, a constitutional expert at the University of Waterloo, said such a law would not apply to foreign entities making such claims, and would have to be carefully crafted to make sure it does not apply to fair commentary.

The political science professor also said that proving a statement was intended to disrupt an election would be a challenge.

“Just the power to investigate can be chilling for free expression,” he warned.

The chief electoral officer’s report, entitled “Meeting New Challenges,” also suggests that MPs outlaw hate groups from registering as political parties, which would give them the names and addresses of all voters.

It follows concerns raised by ministers that groups promoting racism, antisemitism and homophobia could access tax breaks and broadcast time designed for political parties.

Politicians are particularly alarmed at the prospect of giving hate groups the names and addresses of racialized Canadians. Dominic LeBlanc, the minister responsible for Elections Canada, wrote to Perrault about the issue last year.

The election chief’s report suggests that voters be able to go to court to determine whether a group’s “primary purpose” is to promote hate against an identifiable group. If so, it would be banned from registering to run in elections.

The Elections Canada report also calls for an update to election laws in the digital age, recommending online platforms be required to publish policies on how they will deal with content misleading electors.

It also suggests stricter rules to stop third-parties — groups which support political parties or seek to influence elections — from receiving funding from abroad.

The report recommends a further clampdown on cybersecurity threats to Canadian elections, including from foreign states.

Since 2018, it has been illegal to use a computer system fraudulently to influence the outcome of an election. But the report suggests the offence be broadened to apply to activity designed to disrupt the way an election is run or to undermine the legitimacy of the election or its results.

The move follows former president Donald Trump’s challenge to the legitimacy of the 2020 American election, which he lost but claimed was stolen from him.

“We have seen declines in trust in democracies around the world so we need to be alert to the challenges,” Perrault said.

He warned that there had been “deliberate attempts to undermine confidence” across Canada, and measures were needed to respond to this.

However, public trust in the Canadian electoral system remained very high, he said, with 91 per cent of voters surveyed by Elections Canada saying they had confidence in the electoral system and its administration.

The report also recommends MPs extend current rules designed to stop foreign interference during elections to the period before the campaign kicks off.

It also recommends a series of practical updates to election laws to make it easier to vote and bring election law up to date in the digital age.

These include making it easier to vote by special ballot, including postal votes, and extending the period to register to 45 days before polling day.

It suggests that voters should be able to vote at their local polling station, even if they have previously applied to vote by special ballot.

They should also be able to vote with a political party name on a special ballot, rather than a candidate name.

The suggestion follows complaints that thousands of special ballots, including those mailed in by expats based abroad, were not counted at the last general election. At the 2021 general election, more than 90,000 special ballots were returned late and could not be counted.

The report suggests an end to a prohibition on types of election advertising — which do not currently include signs and pamphlets — on polling day.

“In Elections Canada’s view, the advertising blackout period has largely been rendered meaningless in the digital age,” the report says.

It also recommends measures to ensure that the date of an election does not fall on important religious holidays.

The report also suggests tweaks to the law to make it less bureaucratic for people in care homes to vote, and simpler for people with disabilities to go to a polling station with a support person.

Also on Tuesday, Yves Côté, the elections commissioner, tabled a report in Parliament that made recommendations including broadening financial penalties for breaking elections law.

He suggested that making false claims in support of a nomination paper be made an offence, with a financial penalty, along with filling in a nomination paper knowing that it contains false or misleading information.

This report by The Canadian Press was first published June 7, 2022.

 

Marie Woolf, The Canadian Press

 

Note to readers: This is a corrected story. An earlier version misspelled CCLA lawyer Cara Zwibel’s surname.

Politics

Here is the latest on the New Brunswick election

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The New Brunswick Liberal Party has won a majority government, and Susan Holt will become the first woman to lead the province.

Here’s the latest from election night. All times are ADT.

10:15 p.m.

The results of the New Brunswick election are in, and with virtually all of the ballots counted, the Liberals won 31 seats out of 49.

The Progressive Conservatives won 16 seats.

The Green Party won two.

Voter turnout was about 66 per cent.

10 p.m.

Prime Minister Justin Trudeau has congratulated New Brunswick Liberal Leader Susan Holt for her party’s victory in the provincial election.

Trudeau says on the X platform he’s looking forward to working with Holt to build more homes, protect the country’s two official languages, and improve health care.

9:48 p.m.

During her victory speech tonight in Fredericton, New Brunswick premier-designate Susan Holt thanked all the women who came before her.

Holt will become the first woman to lead the province after her party won a majority government in the New Brunswick election.

The Liberals are elected or leading in 31 of 49 ridings.

9:30 p.m.

Blaine Higgs says he will begin a transition to replace him as leader of the Progressive Conservatives.

After being in power for six years, the Tories lost the election to the Liberals.

Higgs, who lost his seat of Quispamsis, says, “My leadership days are over.”

9:17 p.m.

The Canadian Press is projecting that Blaine Higgs, leader of the Progressive Conservative Party of New Brunswick since 2016, has lost in the riding of Quispamsis.

Higgs, 70, has been premier of New Brunswick since 2018, and was first elected to the legislature in 2010.

8:45 p.m.

When asked about the election results, Progressive Conservative chief of staff Paul D’Astous says that over the last 18 months the party has had to contend with a number of caucus members who disagreed with its policy.

D’Astous says the Tories have also had to own what happened over the last six years, since they came to power in 2018, adding that the voters have spoken.

8:39 p.m.

The Canadian Press is projecting that David Coon, leader of the New Brunswick Green Party, has won the riding of Fredericton Lincoln.

Coon, 67, has been leader of the party since 2014, the year he was first elected to the legislature.

8:36 p.m.

The Canadian Press is projecting that the New Brunswick Liberal Party has won a majority government in the provincial election.

Party leader Susan Holt will become the first woman premier in the province’s history.

8:20 p.m.

Early returns show a number of close races across the province, with the Liberals off to an early lead.

Liberal campaign manager Katie Davey says the results will show whether party leader Susan Holt, a relative newcomer, was able to capture the attention and trust of the people of New Brunswick.

Davey says she believes voters have welcomed Holt and her message, which focused on pocketbook issues, especially health care.

8 p.m.

Polls have closed.

Eyes will be on a number of key ridings including Fredericton South-Silverwood, where Liberal Leader Susan Holt is vying for a seat; Saint John Harbour, which has been competitive between the Tories and Liberals in recent elections; and Moncton East, a redrawn Tory-held riding that the Liberals have targeted.

At dissolution, the Conservatives held 25 seats in the 49-seat legislature. The Liberals held 16 seats, the Greens had three, there was one Independent and there were four vacancies.

This report by The Canadian Press was first published Oct. 21, 2024.

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A look at Susan Holt, Liberal premier-designate of New Brunswick

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FREDERICTON – A look at Susan Holt, premier-designate and leader of the New Brunswick Liberal party.

Born: April 22, 1977.

Early years: Raised in Fredericton, she attended Queen’s University in Kingston, Ont., and then spent a year in Toronto before moving abroad for three years, spending time in Australia and India.

Education: Earned a bachelor of arts in economics and a bachelor of science in chemistry from Queen’s University.

Family: Lives in Fredericton with her husband, Jon Holt, and three young daughters.

Hobbies: Running, visiting the farmers market in Fredericton with her family every Saturday.

Before politics: CEO of the Fredericton Chamber of Commerce, CEO of the New Brunswick Business Council, civil servant, business lobbyist, advocate, consultant and executive with an IT service company that trains and employs Indigenous people.

Politics: Worked as an adviser to former Liberal premier Brian Gallant. Won the leadership of the provincial Liberal party in August 2022 and was elected to the legislature in an April 2023 byelection.

Quote: “We don’t take it lightly that you have put your trust in myself and my team, and you have hope for a brighter future. But that hope I know is short-lived and it will be on us to deliver authentically, on the ground, and openly and transparently.” — Susan Holt, in her speech to supporters in Fredericton after the Liberals won a majority government on Oct. 21, 2024.

This report by The Canadian Press was first published Oct. 21, 2024.

The Canadian Press. All rights reserved.

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New Brunswick Liberals win majority, Susan Holt first woman to lead province

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FREDERICTON – New Brunswick voters have elected a Liberal majority government, tossing out the incumbent Progressive Conservatives after six years in power and handing the reins to the first woman ever to lead the province.

Liberal Leader Susan Holt is a relative newcomer to the province’s political scene, having won a byelection last year, eight months after she became the first woman to win the leadership of the party.

The Liberals appeared poised to take 31 of 49 seats to the Conservatives’ 16 and the Greens two.

Holt, 47, led the Liberals to victory after a 33-day campaign, thwarting Blaine Higgs’s bid to secure a third term as Tory premier.

The Liberal win marks a strong repudiation of Higgs’s pronounced shift to more socially conservative policies.

Higgs, meanwhile, lost in his riding of Quispamsis. In a speech to supporters in the riding, he confirmed that he would begin a leadership transition process.

As the Liberals secured their majority, Green Party Leader David Coon thanked his supporters and pledged to continue building the party, but he then turned his sights on the premier. “One thing is for sure,” he told a crowd gathered at Dolan’s Pub in Fredericton, “we know that Blaine Higgs is no longer the premier of this province.”

The election race was largely focused on health care and affordability but was notable for the remarkably dissimilar campaign styles of Holt and Higgs. Holt repeatedly promised to bring a balanced approach to governing, pledging a sharp contrast to Higgs’s “one-man show taking New Brunswick to the far right.”

“We need a government that acts as a partner and not as a dictator from one office in Fredericton,” she said in a recent interview with The Canadian Press.

Higgs focused on the high cost of living, promising to lower the provincial harmonized sales tax by two percentage points to 13 per cent — a pledge that will cost the province about $450 million annually.

Holt spent much of the campaign rolling out proposed fixes for a health-care system racked by a doctor shortage, overcrowded emergency rooms and long wait-times. A former business advocate and public servant, she promised to open 30 community health clinics across the province by 2028; remove the provincial sales tax from electricity bills; overhaul mental health services; and impose a three per cent cap on rent increases by 2025.

The 70-year-old Tory leader, a mechanical engineer and former Irving Oil executive, led a low-key campaign, during which he didn’t have any scheduled public events on at least 10 days — and was absent from the second leaders debate on Oct. 9.

Holt missed only two days of campaigning and submitted a 30-page platform with 100 promises, a far heftier document than the Tories’ two-page platform that includes 11 pledges.

When the election was called on Sept. 19, the Conservatives held 25 seats in the 49-seat legislature. The Liberals held 16 seats, the Green Party had three, there was one Independent and four vacancies. At least 25 seats are needed for a majority.

Higgs was hoping to become the first New Brunswick premier to win three consecutive elections since Liberal Frank McKenna won his third straight majority in 1995. But it was clear from the start that Higgs would have to overcome some big obstacles.

On the first day of the campaign, a national survey showed he had the lowest approval rating of any premier in the country. That same morning, Higgs openly mused about how he was perceived by the public, suggesting people had the wrong idea about who he really is.

“I really wish that people could know me outside of politics,” he said, adding that a sunnier disposition might increase his popularity. “I don’t know whether I’ve got to do comedy hour or I’ve got to smile more.”

Still, Higgs had plenty to boast about, including six consecutive balanced budgets, a significant reduction in the province’s debt, income tax cuts and a booming population.

Higgs’s party was elected to govern in 2018, when the Tories formed the province’s first minority government in almost 100 years. In 2020, he called a snap election — marking the first province to go to the polls during the COVID-19 pandemic — and won a slim majority.

Since then, 14 Tory caucus members have stepped down after clashing with the premier, some of them citing what they described as an authoritarian leadership style and a focus on conservative policies that represented a hard shift to the right.

A caucus revolt erupted last year after Higgs announced changes to the gender identity policy in schools. When several Tory lawmakers voted for an external review of the change, Higgs dropped dissenters from cabinet. A bid by some party members to trigger a leadership review went nowhere.

Higgs has also said a Tory government would reject all new applications for supervised drug-consumption sites, renew a legal challenge against the federal carbon pricing scheme and force people into drug treatment if authorities deem they “pose a threat to themselves or others.”

This report by The Canadian Press was first published Oct. 21, 2024.

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