CASSELS BROCK

August 31, 2011
VIA OVERNIGHT COURIER
a ham i Iton@casselsbrock.com tel: 416.860.6574 416.640.3009 no: 41223-1 fax: file

Mr. Marc Mayrand Chief Electoral Officer of Canada Elections Canada 257 Slater Street Ottawa, Ontario K1A OM6 Dear Sir: Re:

2011 NDP Convention - Vancouver, British Columba, June 17 - 19, 2011

We are counsel to the Conservative Party of Canada. Our client writes to identify certain matters of concern arising from the above-noted convention. During this convention, signage prominently displayed at it identified the fact that sponsorships were being provided both by unions and certain incorporated entities. Attached as an appendix to this letter are various photographs taken of signage at the convention expressly acknowledging such sponsorships. This signage specifically thanks various union organizations including USW, UFCW, STRATCOM, PSAC, CUPE, IAFF and the Machinist Union. An incorporated entity, Thistle Printing, is also indentified and acknowledged for its sponsorship of the convention. Also attached at the appendix to this letter are additional photos which appear to indicate that various unions sponsored events associated with the convention such as a $300 per ticket reception with the NDP Leader. As one photograph in the appendix demonstrates, flyers related to this reception expressly indicate that this event was supported by the USW. Section 404 of the Canada Elections Act, (the "Elections Act") is definitive that unions and corporate entities may not make contributions to a registered party, a registered association, a candidate, a leadership contestant or a nomination contestant. By letter dated November 3, 2006, the Commissioner of Elections Canada confirmed its interpretation of the Elections Act as it specifically related to registered party conventions: "Our position, simply put, is that under the [Elections Act} any voluntary provision of money, property or service for the Convention purposes described above, minus the fair market value of any tangible benefit one receives in return, "".J FSC
......... rOCOfg

1"'\

MIX
Paper responsible from sources

2100 Scotia Plaza, 40 King Street West, Toronto, ON Canada M5H 3C2 tel 416 869 5300 fax 416 360 8877 www.casselsbrock.com

FSCt' C006930

CASSELS BROCK
LAWYERS

Page

2

constitutes a contribution. Opportunities to view or participate in debates, presentations, votes and so forth pertaining to party policies have significant political value only and cannot be excluded as tangible benefits from the calculation of the contribution. " In the circumstances, which include the declarations by the NDP, the various unions identified and at least one corporate entity, it appears that the NDP has received what the Commissioner of Elections Canada has deemed to be contributions in contravention of the Elections Act. The Conservative Party of Canada would therefore request that your office take the steps it deems necessary to review this matter fully and identify any contributions which must be returned pursuant to section 404(2) of the Elections Act or otherwise. In addition, upon your review of the circumstances of the above-noted convention, the Conservative Party of Canada requests that you further make determinations as to whether there has been any infringement of section 405.2(1) of the Elections Act that would require further investigation or action on the part of Elections Canada. As you will appreciate, questions surrounding contributions to registered parties by unions or incorporated entities and the interpretation of the material provisions of the Elections Act, are of significant interest to all registered parties. Once you have had the opportunity to review the circumstances of the 2011 NDP convention, we would request that any actions or decisions taken by your office or others at Elections Canada, and the full basis for same, be ommunicated in writing to the undersigned.

Encls.

APPENDIX

I~:•.!J
[!]
~

AN INTIMATE JACK LAYTON OF ELECTION

RECEPTION AND 2011

WITH

THE ARCHITECTS

...

FRIDAY 8PM, $300
UNE RECEPTION INTIME EN ET 2011

I!JII!J -. "
I!J
...

I4-"t

COMPAGNIE

DE JACK

LAYTON

..

DES ARCHITECTES

DE L'[~LECTION

VENDREDI

20 h, 300 $

NDP+NPD

LEADERS'

AL PORTO D:S GASTOWN
SATURDAY 6PM SAMEDI 18 h
Jack Layton

DINNER DES CHEFS

SOUPER

Leader, Canada's New Democrats Chef, Ie NPD du Canada

Darrell Dexter
Premier of Nova Scotia Premier ministre de la Nouvelle-Ecosse

Public Service Alliance of Canada Alliance de la Fonction publique du Canada
CONVENTION GUIDE DU CONGRES 141

Sign up to vote on this title
UsefulNot useful