Busted..?

[Max]

John the bus driver Rodriquez ran for mayor in 2006. He announced his mayoral candidacy in July, 2006. In late September he posted a mayoral website online.

www.johnformayor.ca/


His website will go offline on September 28, 2007.

The mayor’s website was registered under Carlos Reyes name.

www.whois.net/

WHOIS information for: johnformayor.ca:
[whois.cira.ca]
Status: EXIST
Registrar: DomainsAtCost Corp.
Registrar-no: 45
Registrant-no: 351626
Domaine-no: 1648649
Subdomain: johnformayor.ca
Renewal-Date: 2007/09/28
Date-Approved: 2006/09/28
Date-Modified: 2006/09/28
Organization: Mr J. Carlos Reyes
Description:
Admin-Name: J. reyes
Admin-Title: dr
Admin-Postal: efficiency.ca
457 st charles lk road
sudbury ON p3e 5g6 Canada
Admin-Phone: [phone]
Admin-Fax:
Admin-Mailbox: [e-mail]
Tech-Name: J. reyes
Tech-Title: dr
Tech-Postal: efficiency.ca
457 st charles lk road
sudbury ON p3e 5g6 Canada
Tech-Phone: [phone]
Tech-Fax:
Tech-Mailbox: [e-mail]
NS1-Hostname: ns1.fednorgallery.ca
NS1-Netaddress: 216.223.127.147
NS2-Hostname: ns2.fednorgallery.ca
NS2-Netaddress: 216.223.127.147


Carlos Reyes was running for councillor in Ward 1.

www.carlosreyes.ca/


The mayor directred Carlos to put the mayor's website under Carlos name. By doing so, Carlos made a donation to the mayor's election campaign under section 76 (1), (2) and (3) of the Municipal Election Act, which John accepted.

www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_96m32_e.htm#BK96


A few months ago, Ward 5 councillor Ron Dupuis announced he was running as an MPP for the Liberal Party in the upcoming provincial election.

www.northernlife.ca/News/LocalNews/2007/07-20-07-voters.asp


Two weeks ago, the NDP mayor showed up at Liberal Party ribbon cutting party, wearing a Liberal button, and publicly stated he hopes Liberal Ron Dupuis wins the election.

yoursudbury.proboards58.com/index.cgi?board=provincial&action=display&thread=1189639197&page=1


Everyone wondered why the mayor would do this.

If Ron Dupuis wins he will no longer be a city councillor and he will have to be replaced. His replacement can be appointed by city council. No by-election is required, it's solely up to the mayor and council whether or not they want to appoint someone or hold a by-election.

www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_01m25_e.htm#BK320

Filling vacancies

263. (1) If a vacancy occurs in the office of a member of council, the municipality shall, subject to this section,

(a) fill the vacancy by appointing a person who has consented to accept the office if appointed; or

(b) require a by-election to be held to fill the vacancy in accordance with the Municipal Elections Act, 1996. 2001, c. 25, s. 263 (1).



And who do you think the mayor is going to replace Ron Dupois with should Ron win the provincial election?

Who does the mayor owe a favour to?

That's right, Carlos Reyes.

[Max]

John's site will go down on September 28. His host account expires then. Thereafter you can expect the city to go after people. But John has violated the election Act and his penalty is removal from office.

The act says you cannot incur expenses outside of your campaign period. The campaign period ended on December 31, 2006, unless someone applied for an extension.

John did not request an extension.

When you host a website you pay for a year. The expense is for each month of the year. So, since John's website is still up, he is still incurring expense, 9 months after his campaign period expired (Dec. 31, 2006), and which is outside his campaign period and which violated section 76 (2) of the Election Act.

www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_96m32_e.htm#BK84

section 76

Expenses

...

Only during election campaign period

76(2)An expense shall not be incurred by or on behalf of a candidate outside his or her election campaign period. 1996, c. 32, Sched., s. 76 (2).



The penalties inposed under section 92(5) states HE IS GUILTY and the punishment is ciyed under 80 (2) which states he must be expelled from office. This is not an option. The Act specifically states;

Election campaign finance offences

...

Offences by candidate

92. (5) A candidate is guilty of an offence and, on conviction, in addition to any other penalty that may be imposed under this Act, is subject to the penalties described in paragraph 1 of subsection 80 (2), if he or she,

(a) files a document under section 78 that is incorrect or otherwise does not comply with that section; or

(b) incurs expenses that exceed what is permitted under section 76. 1996, c. 32, Sched., s. 92 (5); 2002, c. 17, Sched. D, s. 35 (1).

Exception

(6) However, if the presiding judge finds that the candidate, acting in good faith, committed the offence inadvertently or because of an error in judgment, the penalties described in paragraph 1 of subsection 80 (2) do not apply. 1996, c. 32, Sched., s. 92 (6); 2002, c. 17, Sched. D, s. 35 (2).



Section 92(5) states the candidate IS GUILTY - it's not an option. John has incurred expense in violation of 92 (5) (b).

The punishment under section 80 (2) states;

Additional penalties



80 (2) The following penalties apply:

1. In the case of the defaults described in clauses (1) (b) and (c),

i. the candidate forfeits any office to which he or she was elected and the office shall be deemed to be vacant,

ii. until the next regular election has taken place, the candidate is ineligible to be elected or appointed to any office to which this Act applies.


80(2) subsection 1 refers to 80 (1) (b) or (c), and section 80 (c) refers to section 76, which John has violated. Thus, John forfeits his office and the office shall be deemed to be vacant.

Under section 29 92) of the Interpretation Act the word "shall" = must. Thus the mayor's office is vacant.

www.canlii.org/on/laws/sta/i-11/20030205/whole.html


Under section 92 (5) john could argue he made a mistake, but this hold no water and is no defence because the clerk issued everyone a letter over a month ago requiring everyone to remove their websites, and John ignored it.

Exception

92(6) However, if the presiding judge finds that the candidate, acting in good faith, committed the offence inadvertently or because of an error in judgment, the penalties described in paragraph 1 of subsection 80 (2) do not apply. 1996, c. 32, Sched., s. 92 (6); 2002, c. 17, Sched. D, s. 35 (2).

[aaa11]

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