Conservative Election Spending Scandal: Party Cuts A Deal, Fined For Breaking Election Laws

Stephen Harper

First Posted: 11/10/11 01:05 PM ET Updated: 11/10/11 11:50 PM ET

OTTAWA - The Conservatives are being accused of buying victory in the 2006 election that brought Stephen Harper to power, after pleading guilty Thursday to exceeding their campaign spending limit and failing to report all advertising expenses.

The Conservative party and its fundraising agency both pleaded guilty to two counts of violating the Elections Act and agreed to pay maximum fines totalling $52,000.

In a plea bargain, the party pleaded not guilty to more serious charges of wilfully contravening the act and all charges were dropped against four top party officials who implemented the so-called in-and-out scheme to finance radio and television advertising during the 2006 campaign.

Conservative spokesman Fred DeLorey quickly issued a statement claiming the plea bargain is "a big victory" for the party in its five-year "administrative dispute" with Elections Canada over the legality of the in-and-out scheme.

"Every single Conservative accused of wrongdoing has been cleared today," DeLorey said.

Under the scheme, Elections Canada maintains the Tory party funnelled money for national ads through 67 local candidates, allowing the party to exceed its spending limit and allowing candidates to claim rebates on expenses they hadn't actually incurred.

In an agreed statement of facts, the Crown and the party essentially agreed to disagree on exactly how far over the spending limit the Tories went. The Crown said it was almost $1.4 million, the Tories said it was just over $563,000.

Opposition parties said Thursday's admission of guilt proves the Tories played fast and loose with the rules in order to eke out a slim minority victory in the 2006 campaign.

"The Conservatives tipped the scales and spent more than legally allowed in an election to get Harper elected," said interim NDP leader Nycole Turmel. "That's wrong. It undermines our democracy."

Interim Liberal leader Bob Rae said the extra money the Tories spent on advertising in the close-fought campaign "may have helped them to buy the election."

"They still broke the rules and paid a fine but, listening to their crowing (about the plea bargain being a big victory), it doesn't sound as if they've learned anything," he said, adding that Conservatives "should accept responsibility and say they're sorry. Period."

Rae was also critical of the plea bargain, saying "the punishment in this case hardly fits the crime" and that $52,000 in fines is "no disincentive to flout the law."

However, Crown prosecutor Richard Roy argued there was no point in sticking with the initial, more serious charges and dragging the matter out in court because the maximum fines allowed would have been the same.

As to dropping the charges against the four top Tory officials who actually carried out the in-and-out scheme —Tory senators Irving Gerstein and Doug Finley and party officers Mike Donison and Susan Kehoe — Roy told reporters that "the public interest does not require that we continue on these charges."

Elections Canada issued a statement expressing satisfaction that the resolution of the five-year dispute with the Tories "reinforces the importance of spending limits for ensuring fairness in our electoral system" and "confirms that there can be no transfer of expenses" from national parties to local campaigns.

In a brief court appearance where the plea bargain was accepted, Tory party lawyer Mark Sandler characterized the violations as "inadvertent and not deliberate."

He said the in-and-out scheme was designed to be perfectly legal but the timing of its implementation —before candidates or their official agents were in place in some ridings to authorize their part in it — pushed it out of legal bounds.

Roy countered later: "What the evidence proves is this was not an accident ... The evidence and agreed statement of facts shows that it was thought through."

The agreed statement of facts shows that even before the election campaign began on Nov. 29, 2005, campaign director Finley knew the party had more money than it could legally spend during the campaign. He asked Gerstein, chairman of the Conservative Fund, for authorization to transfer some of the cash to local campaigns, which through " a variety of perfectly legal artifices," could be sent right back to the party to ostensibly pay for regional advertising.

DeLorey repeated the Tory insistence that the scheme fell afoul of the law only because Elections Canada changed its interpretation of the law.

"When it became clear that Elections Canada had changed its interpretation of the law, the Conservative party adjusted its practices for the 2008 and 2011 election campaigns," he said. "Ultimately, Conservative candidates spent Conservative dollars on Conservative ads."

The dispute has been unprecedented. Elections Canada at one point raided Tory party headquarters and the Tories fired back with accusations that the internationally-respected, independent elections watchdog was biased against them and exceeding its authority.

In a related but separate civil case, the party has been trying to force Elections Canada to pay rebates to candidates who claimed the disputed advertising as part of their local campaign expenses. It won the first round in that battle but lost on appeal. Last month, the party won leave to appeal the matter to the Supreme Court of Canada.

DeLorey said that legal battle will continue, notwithstanding Thursday's plea bargain.

However, the Tories have dropped a second front in its war with Elections Canada over 2006 campaign expenses, involving the improper reporting of two regional campaign offices in Quebec as local expenses.

In Thursday's agreed statement of facts, the party admits it failed to report $116,000 in regional office costs as national party expenses. Elections Canada later said the party has now dropped all civil litigation related to that matter.

Figures released last March show Elections Canada has spent $1.3 million on legal matters involving the Conservative party since 2005.

By Joan Bryden, The Canadian Press
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OTTAWA - The Conservatives are being accused of buying victory in the 2006 election that brought Stephen Harper to power, after pleading guilty Thursday to exceeding their campaign spending limit and ...
OTTAWA - The Conservatives are being accused of buying victory in the 2006 election that brought Stephen Harper to power, after pleading guilty Thursday to exceeding their campaign spending limit and ...
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09:26 PM on 11/11/2011
It seems a shame that in civil court related matters, the loser ends up paying the winner's legal expenses. It seems to me that in addition to the amount of the actual fine imposed for contravening the Election Act, that the CRAP (oops, sorry, I guess that should be crcp now that they understand what their real initials mean) should also be forced to pay the legal expenses involved in coming to that farcical conclusion. Now THAT might be a bit more in line with the offence that was perpetrated on the Canadian people.
06:00 PM on 11/11/2011
I just don't think this is a big deal. The fine has been described as a slap on the wrist. And some commentators have compared it to a parking ticket. I think theirs some validity in those descriptions. I think people are desperately trying to make this into a scandal, when it's not. So everyone relax. This is not the death of democracy as some people foolishly put it as.
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BCSLAVE
Got a key?
05:23 PM on 12/04/2011
Its the slipper slide into hell
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HUFFPOST SUPER USER
Miller Time
04:56 PM on 11/11/2011
Millions of $$$s were given to a company for a government contract. The company made its employees "donate" the maximum to a certain political party with that money.

Millions of $$$s were given to a company for a government contract. The company used that money to hire the permanent staff of a certain political party with that money.

The Party and Government? The Liberals of Jean Chretien. The money? Yours and mine.

The Conservatives have a difference of opinion with Elections Canada over transferring money between the Party and local Associations.

The money? Donations from the general population to the Conservative Party. No government money, yours and mine, involved.

Now tell me again which ones are crooked?
04:36 PM on 11/12/2011
BOTH are crooked. Appropriately, criminal charges flowed from the sponsorship scandal and the Liberals continue to pay a high price for that criminal behaviour at the ballot box. But this article is not about the Liberals.

The difference of opinion argument amounts to a plea of ignorance of the law, which never flies. Furthermore, federal election campaigns for the major parties are always lawyered-up to the eyeballs, so to suggest there was an innocent misunderstanding of the law is just lame. They know the rules.

Whether the illegally spent money is from private contributions to a party or from tax revenues is beside the point. In both cases, money was illegally used to gain unfair political advantage. That amounts to trying to buy power and undermines democracy.

Political crooks don’t break the law because of their party affiliation. They break the law because they are ethically challenged - and they are present in all parties.
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HUFFPOST SUPER USER
Miller Time
06:23 PM on 11/12/2011
You mean it is equally OK to steal from the taxpayers as it is using private capital. Some argument!
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HUFFPOST SUPER USER
Miller Time
06:25 PM on 11/12/2011
Double whammy for the Liberals and Adscam. When employees were give $1000+ to donate to the Liberals. Taxpayer money, those same people also received tax credits or tax rebates from the government.

So we, the taxpayers paid twice to fund the Liberals.
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BCSLAVE
Got a key?
05:29 PM on 12/04/2011
They both are crooked! Difference is Liberals held judicial proceedings to get to the bottom of it. Harper would never do that no matter what happened.

Also, there was taxpayer money involved - they tried to get tax rebates for these illegal outlays...Some of that is my money!
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HUFFPOST SUPER USER
Miller Time
06:14 PM on 12/04/2011
Clarify please. What taxpayer money was involved in what the Conservatives did?

There was a transference of monies between the Federal Party and individual Riding Associations. Where do the tax amounts come in?
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01:55 PM on 11/11/2011
They should of been fined for the full amount that they illegally over spent plus another punitive fine on top of that. This is just a slap in the face to honest elections.
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BCSLAVE
Got a key?
01:13 PM on 11/11/2011
The judge imposed the stiffest penalty he could! Twice - one fine for the Reform Party and one for the Reform money laundering service.

Clearly the penalty is inadequate as a deterrent and the crime has 30 million victims. In short the penalty is to weak to send the appropriate message that this behavior is wrong. The fact the conservatives are still denying wrong doing after pleading guilty to this crime means they need to be further sanctioned by the judge because they view him and the victims as a total joke. The law needs to be stiffened immediately with mandatory sentencing for this crime. Canadians should petition Harper to change the law in the next 100 days to make it have teeth to protect Canadians from these criminals so we can protect our democracy. This will also force the conservatives to admit this is a serious issue and that they are not actually soft on crime and victimizing 30 million Canadians!
HUFFPOST SUPER USER
mcpogo
09:39 AM on 11/11/2011
Another example of why this Prime Minister and his government are not to be trusted. They are liars, manipulators, petty revenge seekers and now actual criminal fraud and election law breachers. Why is it that they get a ridiculous $52,000 fine for breaking laws. Other Canadians would be jailed for committing the same crimes! They are governing the country illegally! They have no mandate from the electorate, they played/defrauded the system, cheated election laws and blatantly lied about doing it! On top of this - Harper's closing down Parliament to avoid other criminal charges of contempt of Parliament just adds to their crimes. They should be fined double what they over-spent and all the costs of the investigation into their crimes. So $1.4,000,000 + $1.4,000,000 + $1.3,000,000 = $4.1,000,000! Then this illegal government of the Conservatives should be called by the Govenor General with the support of the Opposition and if necessary the Supreme Court of Canada to call another election - God forbid - but democracy demands this! The Conservative Party should also be required to pay for this election since they defrauded us on the first one. No person in Cabinet including the Prime Minister and his upper echelon of "advisors" would be allowed to participate. They should consider this their lucky day instead of going to jail!
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HUFFPOST SUPER USER
Victor Saymong
Canuck up Toronto way
09:00 AM on 11/11/2011
We are the Conservative Party of Canada.
We broke the rules.
We know we broke the rules.
We did wrong but denied it until the authorities nailed us.
We did wrong but we don't really apologize.
We will send nobody to jail.
We will pay the fine out of our pocket change.
We are crooked as a dog's hind leg.
We will look for new loopholes and do it again.
Best of all. The electorate are sheep and don't seem to care.
So, even better, we win and YOU lose.
Suckers.
cdnman
Still a free spirit...
09:23 AM on 11/11/2011
That about covers it.
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HUFFPOST SUPER USER
Scoville Scale
Canadian Contrarian
09:25 AM on 11/11/2011
Those are sad things you say.
Sad but true.
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HUFFPOST SUPER USER
stanschurman
08:53 AM on 11/11/2011
They trotted out Pierre Polilier to spin this plea deal as a vindication (on CBC's Power & Politics). No, it was a plea deal. A plea deal means you are guilty, not that you are vindicated. You know the big lie is on when they use stone faced Poilievre to spin the truth into something unrecognizable. How do you know when Pierre is lieing? His lips move (cliche, I know, but so fitting).
09:44 AM on 11/11/2011
But it was just a small administrative error.
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BCSLAVE
Got a key?
12:56 PM on 11/11/2011
So was adscam then
07:58 AM on 11/11/2011
What a terrific deal! For only $52K, the Cons get to spend an extra $1.4 million on attack ads. Just a small cost of doing business.
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HUFFPOST SUPER USER
Scoville Scale
Canadian Contrarian
09:26 AM on 11/11/2011
Seems a bit funny, doesn't it?
The penalty for throwing too much money around is to... throw a little more?
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HUFFPOST SUPER USER
Miller Time
01:01 PM on 11/11/2011
It wasn't spent on attack ads. It was the movement of money between the Federal Party and local campaigns.
01:17 PM on 11/11/2011
Well that makes all the difference. I stand corrected.
02:42 AM on 11/11/2011
A fairer punishment would have been to determine, quickly, that they had violated the law and revoked the result, or required a new election at that time.
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HUFFPOST SUPER USER
Miller Time
01:00 PM on 11/11/2011
That is so stupid. You would like to spend $400 million to satisfy your ego.
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BCSLAVE
Got a key?
01:15 PM on 11/11/2011
Harper would
02:40 AM on 11/11/2011
A fairer punishment would have been to revoke the result soon afterwards rather than waiting five years where the "fruit of the poisonous tree" has significantly poisoned Canadian democracy.
01:54 AM on 11/11/2011
The Harper government should be the first to enter the new jails Harper is planning to build for petty thieves etc. Jets that cost billions and won't work in the arctic, ships for something or other, a fake lake, Tony Clement and fifty million for a gazebo, public toilets etc. withdrawing funding from UNESCO (religious reasons) and on and on and on. Flaherty is either incompetent or he too lies since any fool could have guessed we won't get out of this economic crisis quickly. Baird blah blah blah. Refusing to allow our "great" aid package for poor women in the third world which was to exclude birth control and still does exclude abortion even though women may die from a pregnancy. Harper. He ds Christian. Right.
12:41 AM on 11/11/2011
That means deep pockets can still buy an election, as long as the 'cut in' Elections Canada with an extra 100 grand or so. - Makes me really proud.
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fromdnorth
OK I checked my micro-bio (didn't know I had one
12:16 AM on 11/11/2011
Sleazen Harper winds again...
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fromdnorth
OK I checked my micro-bio (didn't know I had one
12:41 AM on 11/11/2011
wins.... sorry
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HUFFPOST SUPER USER
stanschurman
02:54 PM on 11/11/2011
Winds as in hot air also applies to that gang.
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fromdnorth
OK I checked my micro-bio (didn't know I had one
12:11 AM on 11/11/2011
$104,000 for unfettered access to the Canadian Treasury is a Bargain...