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We need a national inquiry into
whether political parties in the execution of their affairs are in
violation of Sections 119 to 121 of the Criminal Code of Canada.
Political parties, federal and
provincial routinely tell elected members what party policies they shall
promote and support ... they offer ministerial (and critic) positions on
the basis that the appointed person shall support the party in all things
... and they require elected members to vote in accordance with party
instructions.
 Those elected officials who are
not compliant with party instructions can be demoted and/ or the party
can expel elected members for a variety of reasons without giving the
member a fair hearing before a neutral panel.
Political parties also will not
to allow elected members to speak freely on issues before parliament or
the legislature.
All of this is an infringement
on an elected member’s ability to represent the people in the electoral
district that elected that person to office and in many cases infringes
on the elected member’s rights and freedoms under the Charter of Rights
and Freedoms.
The government did not pressure Attorney General Jody Wilson-Raybould in
the SNC-Lavalin affair; a political appointee (Clerk of the Privy
Council) and PMO employee (PM’s Principle Secretary) did -- and are
culpable. They are not shielded from the Criminal Code.
The government did not demote Jody Wilson-Raybould -- the Liberal party
did.
The government did not kick Jody
Wilson-Raybould or Jane Philpot out of the liberal party.
If we want elected
representatives to carry the voices of electors and residents in our
parliament and legislatures, we have to curtail the enormous powers
political partied wield over the people we elect. The best way to do that
is to require them to comply with the Criminal Code provisions set out
below.
Political parties disallow some
potential candidates for fear they may be controversial, or may not
follow party rules, and thus harm the party brand.
This is the madness of
political correctness and censorship of dissenting opinion. If the party
members in a constituency select a candidate who is controversial, they
are making a statement that should bot be stifled,
The concept that political parties’
own MPs and MLAs, elected under their banner, is abhorrent and
unacceptable. Those elected representatives should speak for the people,
not for the party.
John Feldsted
Political Commentator, Consultant & Strategist
Winnipeg, Manitoba
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Corruption and
Disobedience
Bribery of judicial officers, etc.
119 (1) Every one is guilty of an indictable offence and liable to
imprisonment for a term not exceeding fourteen years who:
(a) being the holder of a judicial office, or being a member of
Parliament or of the legislature of a province, directly or indirectly,
corruptly accepts, obtains, agrees to accept or attempts to obtain, for
themselves or another person, any money, valuable consideration, office,
place or employment in respect of anything done or omitted or to be done
or omitted by them in their official capacity, or
(b) directly or indirectly, corruptly gives or offers to a person
mentioned in paragraph (a), or to anyone for the benefit of that person,
any money, valuable consideration, office, place or employment in respect
of anything done or omitted or to be done or omitted by that person in
their official capacity.
Consent of Attorney General
(2) No proceedings against a person who holds a judicial office shall be
instituted under this section without the consent in writing of the
Attorney General of Canada.
Bribery of officers
120 Every one is guilty of an indictable offence and liable to
imprisonment for a term not exceeding fourteen years who:
(a) being a justice, police commissioner, peace officer, public officer
or officer of a juvenile court, or being employed in the administration
of criminal law, directly or indirectly, corruptly accepts, obtains,
agrees to accept or attempts to obtain, for themselves or another person,
any money, valuable consideration, office, place or employment with
intent
(i) to interfere with the administration of justice,
(ii) to procure or facilitate the commission of an offence,
or
(iii) to protect from detection or punishment a person who
has committed or who intends to commit an offence; or
(b) directly or indirectly, corruptly gives or offers to a person
mentioned in paragraph (a), or to anyone for the benefit of that person,
any money, valuable consideration, office, place or employment with
intent that the person should do anything mentioned in subparagraph
(a)(i), (ii) or (iii).
121 (1) Every one commits an offence who:
(a) directly or indirectly
(i) gives, offers or agrees to give or offer to an official
or to any member of his family, or to any one for the benefit of an
official, or
(ii) being an official, demands, accepts or offers or agrees
to accept from any person for himself or another person, a loan, reward,
advantage or benefit of any kind as consideration for cooperation,
assistance, exercise of influence or an act or omission in connection
with
(iii) the transaction of business with or any matter of
business relating to the government, or
(iv) a claim against Her Majesty or any benefit that Her
Majesty is authorized or is entitled to bestow, whether or not, in fact,
the official is able to cooperate, render assistance, exercise influence
or do or omit to do what is proposed, as the case may be;
(b) having dealings of any kind with the government, directly or
indirectly pays a commission or reward to or confers an advantage or
benefit of any kind on an employee or official of the government with
which the dealings take place, or to any member of the employee’s or
official’s family, or to anyone for the benefit of the employee or
official, with respect to those dealings, unless the person has the
consent in writing of the head of the branch of government with which the
dealings take place;
(c) being an official or employee of the government, directly or
indirectly demands, accepts or offers or agrees to accept from a person
who has dealings with the government a commission, reward, advantage or
benefit of any kind for themselves or another person, unless they have
the consent in writing of the head of the branch of government that
employs them or of which they are an official;
(d) having or pretending to have influence with the government or with a
minister of the government or an official, directly or indirectly
demands, accepts or offers or agrees to accept, for themselves or another
person, a reward, advantage or benefit of any kind as consideration for
cooperation, assistance, exercise of influence or an act or omission in
connection with
(i) anything mentioned in subparagraph (a)(iii) or (iv), or
(ii) the appointment of any person, including themselves, to
an office;
(e) directly or indirectly gives or offers, or agrees to
give or offer, to a minister of the government or an official, or to
anyone for the benefit of a minister or an official, a reward, advantage
or benefit of any kind as consideration for cooperation, assistance,
exercise of influence, or an act or omission, by that minister or
official, in connection with
(i) anything mentioned in subparagraph (a)(iii) or (iv), or
(ii) the appointment of any person, including themselves, to
an office; or
(f) having made a tender to obtain a contract with the government,
(i) directly or indirectly gives or offers, or agrees to
give or offer, to another person who has made a tender, to a member of
that person’s family or to another person for the benefit of that person,
a reward, advantage or benefit of any kind as consideration for the
withdrawal of the tender of that person, or
(ii) directly or indirectly demands, accepts or offers or
agrees to accept from another person who has made a tender a reward,
advantage or benefit of any kind for themselves or another person as
consideration for the withdrawal of their own tender.
Contractor subscribing to election fund
(2) Every one commits an offence who, in order to obtain or retain a
contract with the government, or as a term of any such contract, whether
express or implied, directly or indirectly subscribes or gives, or agrees
to subscribe or give, to any person any valuable consideration
(a) for the purpose of promoting the election of a candidate
or a class or party of candidates to Parliament or the legislature of a
province; or
(b) with intent to influence or affect in any way the result
of an election conducted for the purpose of electing persons to serve in
Parliament or the legislature of a province.
Punishment
(3) Every one who commits an offence under this section is guilty of an
indictable offence and liable to imprisonment for a term not exceeding
five years.
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