Editor: This is a copy of a letter I received from Elections Canada, regarding CBC鈥檚 broadcast of election results on May 2, before the polls closed in B.C.:

鈥淭his is in reply to your complaint addressed to the Elections Canada commissioner鈥檚 office concerning the May 2 general election.  Your e-mail has been directed to the Commissioner of Canada Elections.

鈥淭he commissioner is responsible for compliance and enforcement of the Canada Elections Act (the Act).  Your e-mail advised that CBC was broadcasting election night results into your area prior to the close of polls.

鈥淪ection 329 of the Act prohibits the transmission of the result or purported result of the vote in an electoral district to the public in another electoral district before the close of all the polling stations in that other electoral district.

鈥淭his matter has been discussed with the CBC.  They have assured this office that there was an operational plan in place to prevent such transmissions and that the incident complained of was a mistake.

鈥淭he CBC acted as soon as possible to address the problem and has undertaken to prevent a recurrence in the future.  The exercise of the commissioner鈥檚 authority to take enforcement action regarding possible violations of the Canada Elections Act is only enforced if there are sufficient grounds to support a reasonable belief of an offence under the Canada Elections Act.

鈥淲hile the Canada Elections Act does contain provisions concerning premature transmission of results, the courts will strictly construe the text of these provisions.  The offence in this fact situation requires that it be done wilfully or intentionally.

鈥淭his was not the case for the CBC broadcast of results on election night.  After careful consideration of the available information, the commissioner has concluded that there is not a reasonable basis for further steps at this time.鈥�

David Thompson,

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