(Ottawa) Can a person with a criminal record run for office and try to become Prime Minister in Canada? The answer is yes, but with several nuances.
If in the United States nothing prevents Donald Trump from running for president and regaining power in the White House even if he has been found guilty of fraud, obstruction of justice and false testimony, the situation is more complex in Canada.
According to Elections Canada, people who are incarcerated in a correctional facility cannot run for office under the Canada Elections Act.
The list of ineligible persons also includes persons who are not qualified voters on the day their nomination form is filed, members of the Legislative Assembly of a province, the chief electoral officer, judges appointed by the Governor in Council as well as the officials responsible for elections, among others.
But anyone who has a criminal record and has paid their debt to society by serving a prison sentence can be a candidate.
Section 65 (b) of the Canada Elections Act further stipulates that if a person has been found guilty of having violated certain articles of the Canada Elections Actshe cannot run for office for a period varying from five years to seven years depending on the type of offense, Elections Canada said.
In addition, the Criminal Code provides that if the holder of an office under the Crown has been convicted of an indictable offense and sentenced as a result to imprisonment of two years or more, while occupying a seat on the House of Commons or the Senate, his position becomes vacant as soon as the verdict is rendered.
“Subsection 750(1) of the Criminal Code concerns this type of situation, but its application is not the responsibility of Elections Canada,” explained Matthew McKenna, spokesperson for Elections Canada.
Other nuances between the American political system and the Canadian political system become evident. In the United States, voters vote for a candidate in presidential elections. In Canada, voters vote for a candidate running for office in a riding. The leader of the party which obtains the greatest number of seats in the House of Commons following the national vote is de facto the prime minister-designate. Voters therefore do not vote directly for the prime minister.
The party leader is elected by party members or, in the case of the Liberal Party of Canada, party supporters.