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FEDERAL ELECTION QUESTIONNAIRE 1997 LEGALITY NOTE |
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A note on the legality of pre-election questionnaires. On May 7, Jack Siegel, Director of Legal Affairs for the Ontario Liberal campaign, circulated a memo to all Liberal campaign officials warning Liberal candidates not to sign any "written pledges" during the campaign. He cited Section 327 of the Canada Elections Act, which says that it is illegal to sign anything which "requires the candidate to follow any course of action that will prevent him from exercising freedom of action in Parliament." CLC Canada's legal counsel advises that this does not apply to questionnaires such as the one used in preparing this voters' guide. Supporters should note, however, that some candidates have refused to answer the CLC questionnaire because of the Liberal campaign memo. Candidates from the other parties have also been citing the Elections Act as their reason for avoiding our questions. This should not stop voters from asking candidates for their positions. There is nothing
to prevent candidates from writing down their positions in their own words; and there is
certainly nothing to prevent individual voters from questioning the candidates directly.
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