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Election Compliance Audit Committee
July 31, 2023
What was decided (3 motions)
2 carried, 1 recorded otherwise. Every motion below is printed as the minutes print it.
BE IT RESOLVED THAT the Committee issues the following decision and reasons: Upon hearing the representations and/or reading the written submissions and documents submitted by the applicant’s representative, and the candidate, this Committee hereby grants the Application because it was presented with compelling and credible information which raises a reasonable probability that a breach of the campaign finance provisions of the Municipal Elections Act, 1996 has occurred. The Committee heard submissions from the Applicant’s representative (J. Pappas, legal counsel), who made reference to his written submissions. Those submissions covered the legal test applicable to this stage of the process, as well as a summary of Mr. Philips’s written application and the information attached thereto. The Committee also heard oral submissions from the Respondent, Mr. Thompson, which the Committee has considered. Importantly, Mr. Thompson has admitted that his financial statement, particularly the cost allocation for signs reused from previous elections, was inaccurate. Mr. Thompson offered to file further materials that were not before the Committee. The Committee has declined to accept that information at this time as the filing deadline has elapsed. In any event, the Committee does not believe consideration of those documents at this stage are capable of changing its conclusion as to whether to grant the application; the reasonable belief standard would be met in either event. The Committe
Moved by C. Bergeron
Carried
BE IT RESOLVED THAT the Committee issues the following decision and reasons: Upon consideration of the election compliance application, and/or hearing the representations and/or reading the written submissions and documents submitted by the applicant, the candidate, and their representatives, this Committee hereby rejects the Application because it was not presented with compelling and credible information which raises a reasonable probability that a contravention of the campaign finance provisions of the Municipal Elections Act , 1996 has occurred. The Committee heard submissions and evidence from the Applicant’s representative (J. Pappas, Legal Counsel), which comprised reference to the legal test, as well as the content of the Applicant’s application related to his observations about the Respondent’s election signs, their size, placement and number. The Applicant also answered questions from the Committee related to his observations on the number and placement of certain signs referenced in his application. The Committee then heard from the Respondent’s representative (A. Rodie of Chaplin & Co. LLP, Chartered Professional Accountants) in which he referenced the materials filed by the Respondent, including entries in the Respondent’s financial statement (Form 4). Mr. Rodie also raised a preliminary submission that the Application was non-compliant for failing to reference a specific provision of the Municipal Elections Act, 1996 . Mr. Menard also answered several questions
Moved by N. Bassett
Carried
BE IT RESOLVED THAT the Committee issues the following decision and reasons: Upon consideration of the election compliance application, and/or hearing the representations and/or reading the written submissions and documents submitted by the applicant, the registered third party advertiser, and their representatives, this Committee hereby grants the Application because it was presented with compelling and credible information which raises a reasonable probability that a contravention of the campaign finance provisions of the Municipal Elections Act, 1996 has occurred. The Committee heard submissions from the Applicant’s representative (J. Pappas, legal counsel). Mr. Pappas