CBC News - MICHAEL MOORE BROKE ELECTION LAW, ALLEGES YOUNG TORY

I thought that the listmembers might find the following story amusing for a couple of reasons: (1) believe it or not, some people take it seriously that Michael Moore could affect a Canadian election; and (2) we have such an absurd law that might permit him to be charged.

Colin Feasby
Osler, Hoskin & Harcourt LLP
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The following is a news item posted on CBC NEWS ONLINE
at http://www.cbc.ca/news ____________________________________________________
MICHAEL MOORE BROKE ELECTION LAW, ALLEGES YOUNG TORY
WebPosted Wed Jul 14 21:40:10 2004

toronto---

An Ontario university student is urging Elections Canada to charge American filmmaker Michael Moore over comments he made during the recent federal election campaign.

While promoting his movie in Toronto days before the election, Moore weighed in on the issue of who should lead Canada. He urged Canadians to reject the Conservatives and its leader, Stephen Harper.

Moore was in Canada to promote his latest film, Fahrenheit 9/11 , which questions U.S. President George W. Bush's actions during the Sept. 11 attacks.

Kasra Nejatian, a member of the Ontario Campus Conservatives and Queen's University student, says he was angered by Moore's comments.

He started an internet petition to have Moore charge under the Canada Elections Act. "Michael Moore came to our country, stuck his nose in our election, and broke the law," said Nejatian. "So I just want Elections Canada to charge him for breaking country's law."

According to section 331 of the Act: "No person who does not reside in Canada shall, during an election period, in any way induce electors to vote or refrain from voting...for a particular candidate unless the person is (a) a Canadian citizen; or (b) a permanent resident..."

Nejatian's lawyer says the complaint to Elections Canada will likely be in before the end of this week.

However, constitutional lawyer Julius Grey says he's not sure how successful the complaint will be.

"The question is, is he allowed to influence voters? I think if he is influencing voters, it's because he is of interest to the media, he expresses his opinion, that's legitimate in a democracy," said Grey.

"If we interpret the law to prevent him from doing it, I think the law would be unconstitutional."

One Canadian mayor has come to Moore's defence.

Mike Bradley, the mayor of Sarnia, Ont., says he'll make Moore an honorary Canadian citizen to try to shield him from any charges.

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