[whether any verdict is given or not, and whether such verdict, if given, is true or false.] 1 Every juryman who wilfully and corruptly consents thereto is liable to the same punishment. 2 ARTICLE 166. DEFINITION OF BRIBERY OF VOTERS. 3[Every one is guilty of bribery (a.) Who directly or indirectly by himself or by any other person on his behalf, in order to induce any voter to vote or refrain from voting at any election; 4 or corruptly on account of such voter's having voted or refrained from voting at any election; 5 or in order to induce any person to procure or endeavor to procure the return of any person at any election, or the vote of any voter at any election, 4 (i.) gives, lends, or agrees to give or lend, or offers or promises, or promises to procure or to endeavor to procure any money or valuable consideration to or for any person whatever; 6 7 (ii.) gives or procures, or agrees to give or procure, or offers or promises, or promises to procure or to endeavor to procure, any office, place, or employment to or for any person whatever; or 8 (b.) Who in consequence of any such gift, loan, offer, 1 R. S. C. c. 173. s. 30. 2 S. D. Art. 129. 3 R. S. C. c. 8, s. 84; 17 & 18 Vict. c. 102, s. 2. See also R. S. C. c. 106, ss. 75, 76, as to elections under The Canada Temperance Act. As to application of certain sections of R. S. C. c. 8 to elections in North-West Territories, see R. S. C. c. 7, s. 67. 4 R. S. C. c. 8, s. 84 (a), (b); 17 & 18 Vict. c. 102, s. 2 (1), (2). The expression "election" in Articles 166, 169 and 171, means an election of a member to serve in the House of Commons of Canada. It appears that bribery at a municipal election is an indictable offence at common law; R. v. Hogg, 15 U. C. Q. B. 142, 143. 5 R. S. C. c. 8, s. 84 (c); 17 & 18 Vict. c. 102, s. 2 (3), 644 Any person any voter, or to or for any person on behalf of any voter, or to or for any other person. 7 R. S. C. c. 8, s. 84 (b); 17 & 18 Vict. c. 102, s. 2 (2.). 8 R. S. C. c. 8, s. 84 (d); 17 & 18 Vict. c. 102, s. 2 (4). [promise, procurement, or] agreeement, [procures or engages promises or endeavors to procure the return of any person in any election or the vote of any voter at any election; or 1 (c.) Who advances or pays or causes to be paid any money to, or to the use of any other person, with the intent that such money or any part thereof shall be expended in bribery] or corrupt practices [at any election, or who knowingly pays or causes to be paid any money to any person in discharge or repayment of any money wholly or in part expended in bribery at any election2; or (d.) 3 Who being a voter before or during any election directly or indirectly by himself or by any other person on his behalf receives, agrees, or contracts for any money, gift, loan, or valuable consideration, office, place, or employment for himself or for any other person for voting or agreeing to vote, or for refraining or agreeing to refrain from voting at any election; or (e) Who after any election directly or indirectly by himself or by any other person on his behalf receives any money or valuable consideration] for [having voted or refrained from voting, or having induced any other person to vote or to refrain from voting. 6 5 ARTICLE 167. DEFINITION OF UNDUE INFLUENCE. Every one commits the offence of undue influence (a.) Who directly or indirectly by himself or by any other person on his behalf makes use of or threatens to 1 R. S. C. c. 8, s. 84 (e); 17 & 18 Vict. c. 102, s. 2 (5.). 2 The actual personal expenses of any candidate, his expenses for actual professional services performed, and bona fide payments for the fair cost of printing and advertising, are held to be expenses lawfully incurred, and the payment thereof is not a violation of the Act; R. S. C. c. 8, s. 84; 17 & 18 Vict. c. 102, s. 2. 3 R. S. C. c. 8, s. 85 (a); 17 & 18 Vict. c. 102, s. 3 (1). 4 R. S. C. c. 8, s. 85 (b); 17 & 18 Vict. c. 102, s. 3 (2). 5 S. D. Art. 130. R. S. C. c. 8, s. 87; 46 & 47 Vict. c. 51, s. 2. See also R. S. C. c. 106, s. 79. [make use of any force, violence, or restraint, or inflicts or threatens to inflict by himself or by any other person any injury, damage, harm, or loss,] or in any manner practices intimidation, [upon or against any person in order to induce or compel him to vote or refrain from voting, or on account of his having voted or refrained from voting at any election; or (b.) Who by abduction, duress, or any fraudulent device or contrivance impedes, prevents,] or interferes with [the free exercise of the franchise of any elector, or thereby compels, induces, or prevails upon any voter either to give or refrain from giving his vote at any election.] 1 ARTICLE 168. DEFINITION OF TREATING. 2 Every person is guilty of treating who corruptly, by himself or by or with any other person, or by any other ways or means on his behalf, at any time either before or during any election, directly or indirectly gives or provides, or causes to be given or provided, or is accessory to the giving or providing, or pays wholly or in part any expenses incurred for, any meat, drink, refreshment or provision to or for any person, in order to be elected or for being elected, or for the purpose of corruptly influencing such person or any other person to give or refrain from giving his vote at such election. 4 3 ARTICLE 169. PUNISHMENT OF BRIBERY, UNDUE INFLUENCE AND TREATING. Every person is guilty of a misdemeanor, and shall 1 S. D. Art. 130 A. R. S. C. c. 8, s. 86; 46 & 47 Vict. c. 51, s. 1. To give to any voter, on nomination or polling day, any refreshment or money or ticket to procure any refreshment on account of such voter having voted, or being about to vote, is an unlawful act, punishable by a fine of ten dollars. See also R. S. C. c. 106, ss. 77, 78. 3 S. D. Art. 131. 4 R. S. C. c. 8, ss. 84, 85, 87. See also R. S. C. c. 106, ss. 75, 76, 79. A prosecution for a misdemeanor under R. S. C. c. 8 must be commenced within one year after the act committed, unless prevented by defendant's absence (s. 117), and for a misdemeanor under R. S. C. c. 106 within six months (s. 90). also forfeit the sum of two hundred dollars with costs to any person who sues for the same, who commits bribery or undue influence at any election. 1 1 Every candidate who commits the offence of treating is liable to forfeit the sum of two hundred dollars and costs to any person who sues for the same. 2 Every one is guilty of a misdemeanor and liable to a penalty of one hundred dollars and to three months' imprisonment who, at any election, either provides or furnishes drink or other refreshment at the expense of a candidate, to any elector during such election, or pays for, procures or engages to pay for, any such drink or other refreshment. 1 R. S. C. c. 8, s. 86. See also R. S. C. c. 103, s. 77. 2 R. S. C. c. 8, ss. 79, 82; see also R. S. C. c. 106, ss. 71, 73. Offenders are also liable to disabilities as to voting, being elected, &c. With reference generally to offences against The Dominion Elections' Act, it will be observed that some are declared to be misdemeanors, and in respect of others the offender is liable to a pecuniary penalty. By the 106 Section it is provided that all penalties and forfeitures (other than fines in cases of misdemeanors) imposed by the Act shall be recoverable with costs by any person who sues for the same in a court of competent jurisdiction, and if default is made in payment thereof the offender is liable to imprisonment for any term less than two years. Such cases would, however, fall within the rule mentioned in the note to Article 153, and the offender might be proceeded against by indictment. By R. S. C. c. 9, ss. 69-86, provision is made for the summary trial of persons guilty of corrupt practices at elections, under which any offender on conviction is liable to three months' imprisonment with or without hard labor, and to a fine of two hundred dollars and costs, and in default of payment to a further term of three months' imprisonment (8.82). As to imprisonment in case of misdemeanors where no special provision is made, see Art. 17. In addition to the offences mentioned in Articles 166-171, various others are created by the Act (R. S. C. c. 8). Of these the following are punishable by fines recoverable by suit in a court of competent jurisdiction:-Elector taking ballot paper out of polling station (s. 48); violating provisions as to secrecy (s. 70); refusing to deliver up offensive weapon to returning officer (s. 76, Art 108); selling spirituous liquors within polling district on election day (s.83); paying for conveyance of voters to the poll, &c., (s. 88). By 51 Vict. (D.) c. 11, s. 13, further provisions are made to secure secret voting, violations of which are punishable on summary conviction. The following offences are declared to be misdemeanors;-Carrying arms, &c., on election day (s. 78, Art. 109); carrying flags, &c. (s. 80); wearing favors, (s. 81); and paying election expenses otherwise than through agent (s. 118). As to batteries committed on election day within two miles of polling place, see s. 77 (Art. 320); and as to stealing or injuring election documents, see Articles 405,600. The Canada Temperance Act (R. S. C. c. 106, ss. 64-83,) contains provisions as to offences in respect of elections held under that Act similar to those enacted in the Dominion Elections Act, from which the former have been copied. 1 ARTICLE 170. PERSONATION AT ELECTIONS. 2 Every one who, at an election under The Dominion Elections Act, (a.) applies for a ballot paper in the name of some other person, whether such name is that of a person living or dead, or of a fictitious person; or (b.) having voted once at any such election, applies at the same election for a ballot paper in his own nameIs guilty of personation and liable to a penalty of two hundred dollars and to six months' imprisonment. 3 Every one who aids, abets, counsels or procures the commission by any person of the offence of personation is liable to the same punishment. Every candidate who corruptly, by himself or by or with any other person on his behalf, compels or induces or endeavors to induce any person to personate any voter, or to take any false oath in any matter wherein an oath is required under the said Act, is guilty of a misdemeanor, and shall, in addition to any other punishment to which he is liable for such offence, forfeit the sum of two hundred dollars to any person who sues for the same. 5 Every one who, at an election under The North-West Territories Representation Act, tenders a vote in the name of some other person, whether such name is that of a person living or dead, or a fictitious person, or having 1 S. D. Art. 368 B. 2 R. S. C. c. 8, s. 89 ; 35 & 36 Vict. c. 33, s. 24. See also R. S. C. c. 106, s. 82. The offence of personation, or aiding, &c., the commission of the offence, is under the Act of the United Kingdom (46 & 47 Vict. c. 51, s. 6 (2.) a felony. A person who applies for a ballot in the name by which he is described on the register of voters, although that is not his name of origin or the name by which he is generally known, does not commit personation; R. v. Fox, 16 Cox C. C. 166. It is not an indictable offence at common law to personate a voter at a municipal election; R. v. Hogg, 25 U. C. Q. B. 66. R. S. C. c. 8, s. 103. R. S. C. c. 8, s. 90. See also R. S. C. c. 106, s. 82. K |