In this section
Complaints or observations
The Chief Electoral Officer may initiate an inquiry on their own initiative or after a complaint has been received.
We may receive complaints by phone or through our website. The process is confidential: we do not even publicly confirm we have received a complaint. In this way, we protect the identity of complainants and respect fundamental legal principles such as the presumption of innocence and respect for reputation.
During an election period, our complaints process must not be used for inappropriate purposes (for example, to undermine the election of a candidate). In this context, we show considerable reserve. We do not want to influence the electoral debate, since the credibility of elections depends on our neutrality and impartiality.
Our attorneys follow up in writing with each person who files a complaint. They inform complainants when an inquiry is opened or explain why no inquiry is carried out.
1. Preliminary analysis
Before conducting an inquiry, we ensure that the allegations brought to our attention are supported by facts. These facts must be based on offences provided for in Québec electoral legislation.
For example, during this stage we can collect more information or verify the annual financial report or return of election expenses of a political party (if necessary, we wait for it to be filed on the date provided for under the legislation). Moreover, our regular verification of reports filed by candidates and political parties may allow us to detect irregularities that lead to open inquiries.
2. Inquiry
When an inquiry is opened, our investigators gather evidence and interview witnesses. They talk to anyone who may have information, including the complainant and the person concerned by the inquiry.
To institute penal proceedings under Québec electoral legislation, we must have proof beyond a reasonable doubt that an offence has been committed. This burden of proof is demanding and requires rigorous investigative work.
Another possible approach: raising awareness
In some cases, rather than initiating an inquiry, we contact the people concerned to make them aware of the rules so that they may comply with them. In this case, we favour information over penalties. Experience has shown that this approach encourages the application of legislation.
Inquiry times
Inquiry times vary from one situation to another. They can range from a few weeks to several months, depending on the following factors:
- the complexity of the file
- the nature of the evidence to be gathered
- the number of witnesses and their willingness to meet our investigators
Inquiries related to political financing and the control of election expenses can be particularly lengthy. They are similar to those carried out by police forces in relation to white-collar crime. They generally require a great deal of documentary evidence, which can be difficult to gather and analyze.
Inquiry confidentiality
In our justice system, all persons are presumed innocent until proven guilty. They are entitled to the protection of their privacy and reputation. This is one of the reasons why we do not publicly confirm that an inquiry is being held. Inquiries can have a significant impact on the reputation of the persons involved, even if the allegations are unfounded, and even if the inquiry does not result in an indictment or conviction.
Moreover, the confidentiality of our inquiries maximizes our power to act. When an inquiry is made public, some evidence may be compromised.
Confidentiality of evidence
We collect a great deal of information when conducting inquiries. Some information is personal. We are responsible for keeping this information confidential.
The courts have repeatedly upheld the confidentiality of inquiry files. In particular, it stems from rights to the protection of privacy and the protection of personal information. It also helps protect the right to the presumption of innocence and to a fair trial.
However, during a trial, the public nature of justice is more important than the confidentiality of inquiries. As a result, our inquiry files are confidential unless they are presented in court during a trial. When we present our evidence in court, the public and journalists attending the hearings have access to all the evidence presented, unless the court issues an in-camera sitting order or a sealing order.
Powers of inquiry
The Chief Electoral Officer has the powers and protection of a commissioner appointed under the Act respecting public inquiry commissions. This allows the Chief Electoral Officer to subpoena witnesses and compel them to provide documents.
However, the Chief Electoral Officer does not have the power to set up real inquiry commissions or hold public hearings. Only the government can decide to hold a public inquiry commission. The Chief Electoral Officer’s inquiries are conducted in a confidential manner, much like police investigations.
3. Legal analysis and decision
Once we have gathered the evidence, one of our attorneys analyzes the inquiry file and recommends whether to institute a proceeding. The attorney evaluates several elements, including:
- reasonable prospect of conviction
- public interest in instituting a proceeding
- proper use of limited legal resources
In light of the legal analysis and circumstances of each file, the Chief Electoral Officer decides whether to institute proceedings.
4. Proceeding and trial
When the Chief Electoral Officer institutes proceedings against a person, they receive a statement of offence. They then have 30 days to plead guilty or not guilty to the offence.
If the person pleads guilty, they must pay a fine determined by the penalties provided by legislation. In this case, the proceeding ends and the evidence gathered during the inquiry remains confidential. If the person pleads guilty but contests the fine, a judge sets the fine to be paid based on the penalties provided for by legislation.
If the person pleads not guilty or enters no plea, the evidence is sent to them and the file is forwarded to the Court of Québec. During the trial, the evidence is presented to the court, which renders judgment on the person’s guilt. The judge then sets the fine to be paid, where applicable, based on the penalties provided for by legislation.
We publish a record of proceedings instituted by the Chief Electoral Officer (or court ledger) on our website.
Penalties provided for by legislation
The law sets a penalty for each offence. Sometimes there is a minimum fine and a maximum fine, in which case we can claim a higher fine if there are aggravating factors. In certain cases, the legislation sets a higher fine for repeat offences and when legal persons are involved.
Deadlines to institute a proceeding
Québec electoral legislation provides the Chief Electoral Officer a deadline of seven years from the date of the offence to institute proceedings. This is the limitation period. For certain offences, this period is 10 years.