*DAMN R6 Forum

Moore broke election law, student says

chargemoore.com: Filmmaker urged Canadians not to vote for Harper

Martin Patriquin

National Post      Saturday, July 10, 2004

An Ontario-based conservative group is petitioning Parliament to charge Michael Moore with attempting to influence last month's federal election, after the left-wing U.S. filmmaker urged Canadians not to vote for Stephen Harper.

At a Toronto screening of his film Fahrenheit 9/11, an indictment of the administration of U.S. President George W. Bush, Mr. Moore said Mr. Harper "has a big pair of scissors in his hands and wants to snip away at the social safety net that distinguishes [Canada] from [the United States]."

He suggested a Conservative victory in the June 28 election would "be such a blow to those of us trying to get rid of Bush."

As far as Kasra Nejatian, a 21-year-old Queen's University student, is concerned, Mr. Moore broke the law. Specifically, the Canada Elections Act, which states "[no] person who does not reside in Canada shall, during an election period, in any way induce electors to vote or refrain from voting or vote or refrain from voting for a particular candidate" unless the person is a Canadian citizen or a permanent resident.

Mr. Nejatian has set up a Web site, chargemoore.com and is asking Canadians to sign his petition -- which he wants to present to Elections Canada, along with a formal complaint. Should Elections Canada pursue the complaint against Mr. Moore, it would be the first time a non-Canadian would be charged under the Elections Act.

"I was tired of this guy going around and telling Canadians about a topic which he knows nothing about," Mr. Nejatian said yesterday. "This guy's propaganda is bad enough in the U.S., but at least there he's not breaking the law. He broke the law here."

Individuals cannot pursue alleged infractions of the Act; only Elections Canada can. However, Mr. Nejatian said he will challenge Elections Canada in court should it not take up his complaint. Mr. Nejatian further noted he was interested only in Canadian signatures -- if only to avoid having Mr. Moore start a "Republican conspiracy" in Canada.

Mr. Nejatian's lawyer, Calgary-based Jonathan Denis, would not comment on the case's merits, but said the law's "clear intent is to prevent foreign interference in federal elections in Canada." This particular section became law in 2000, when Parliament last modified the Elections Act.

The law says anyone who "wilfully contravenes" the Act regulating foreign influence is guilty of an offence -- an important distinction, Mr. Denis said.

"The person's intent is key here. To me, Mr. Moore's comments directly intend to influence voters."

Should Mr. Moore be found guilty of violating the Act, he could face a $2,000 fine and/or six months in jail, although Mr. Denis doubts Mr. Moore would do any jail time.

Reached for comment yesterday, Chief Elections Officer Jean-Pierre Kingsley would not comment on the specific merits of the such a complaint.

"Anyone who wants to bring forth a complaint does so in writing to the commissioner of Canada Elections," Mr. Kingley said through a spokesperson.

Mr. Nejatian, president of Ontario's Campus Conservatives, has been politically active for several years. He ran against and lost to former Liberal Cabinet minister David Collenette in the 2000 election.

"This is the first time I've tried to sue a foreign national, but I think he deserves it," Mr. Nejatian said.

Mr. Moore could not be reached for comment.

I think he's calling Bronto....