Procedure and House Affairs committee  Thank you. With me is Audrey Nowack, who is senior legal counsel with the commissioner's office. She has spent much more time in the office and knows the legislation a lot better than I do. I'd like to make a presentation in order to identify to you some issues that have change

Procedure and House Affairs committee  I'm using two terms here: one “complaints”; and the other “referrals”. For complaints, I'm talking about those that are not from Elections Canada, that casework that comes from other sources. For referrals, I'm using that term to describe cases that come from within. Concerning

Procedure and House Affairs committee  The first decision is whether there's sufficient evidence to support the prosecution. That's a technical decision, if you will. The second is whether it's in the public interest to prosecute. I apply both, and that's exactly what I expect the DPP will do, as well. The legislatio

Procedure and House Affairs committee  Reasonable grounds, as the Supreme Court has called it, is credibly based probability. In other words, it's more probable than not, from your information, that the offence took place and you've looked at whether that evidence is credible. That's the standard.

Procedure and House Affairs committee  If you had contrary evidence, you might very well consider that, but often you don't. I don't know if I mentioned it, but before concluding an investigation we will go to the person who is the subject of the complaint and ask them if they wish to give an explanation. Often enou

Procedure and House Affairs committee  The investigator's manual makes a lot of it public. As I say, it needs to be updated with the legislative developments under Bill C-2. Once we have it updated, more of it will be made public. I have a publicly available document on communications with the public and with the comp

Procedure and House Affairs committee  Yes.

Procedure and House Affairs committee  If a charge were laid, it would come out in a prosecution. Otherwise, the preliminary assessment may end your complaint, in which case you would be informed. An investigation may take place and nothing more. You would be informed. A compliance agreement may have been entered into

Procedure and House Affairs committee  You would like a laundered version of a caution letter?

Procedure and House Affairs committee  I think we can.

Procedure and House Affairs committee  I can tell you now that, of the 86, 47 involved the nomination contest reports being filed late, very late. Another batch involved transfers to a candidate before the candidate was confirmed by the RO--another dozen or so of those. There seems to be a misunderstanding as to whe

Procedure and House Affairs committee  If you weren't sophisticated, you might think, having received two voter information cards, that you could vote twice.

Procedure and House Affairs committee  I've heard of it, that's all.

Procedure and House Affairs committee  I will raise this with the CEO and see if I can get an invitation.

Procedure and House Affairs committee  This poses some difficulty. The CEO and I have discussed the need for our legal positions to be one and the same, so that Elections Canada speaks with one legal voice. But you know as well as I do that when you get five lawyers together, you'll have some difficulties. Whatever