Complaints handling: Élections Québec is carrying out its investigations at a snail’s pace

The delays in processing complaints by Élections Québec are such that municipal candidates suspected of having violated the electoral law risk being re-elected even before the outcome of the investigation.

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Our Bureau of Investigation has learned that two Elections Quebec files, one in Laval and the other in Château-Richer, will not be processed before November 7, even if they were opened in May and March respectively.

In Laval, the organization is actively investigating a candidate from the party of outgoing mayor Marc Demers, suspected of a corrupt electoral practice.

During a by-election in 2019, Francine LeBlanc, who was then a member of the Action Laval party, would have spent about $ 1,000 out of her personal credit card to finance a mailing, when the limit of allowable election expenses was reached, according to what the complaint alleges against him.

In Quebec, only the official agent of a party can incur an election expense. If Ms. LeBlanc is found guilty, she could be declared disqualified from holding office for five years.

“Serious” allegations

The plaintiff Michel Poissant, recently cleared of allegations of ethical breaches by the Commission municipale du Québec, deplores the fact that Laval residents will go to the polls without any light being shed on this affair.

“I have been falsely accused and some are culprits not yet accused to this day […] I am surprised by the delays, ”says the head of Laval Citoyens.

For her part, Ms. LeBlanc holds her former party responsible for this affair, claiming to have left a copy of her credit card with her campaign team.

The leader of the Laval Movement, Séphane Boyer, indicated that these allegations were “serious”, but that he remained confident in his candidate.

At Action Laval, it is said that it would rather be Ms. LeBlanc who would be responsible in this case. “All the expenses were made with his approval. The agent reimbursed the amounts that Ms. LeBlanc declared to him, ”said spokesperson Frédéric Mayer.

Château-Richer pending

Impatience is also felt in Château-Richer, near Quebec. A complaint was filed on March 18 regarding potential irregularities in the list of donations and expenses of the mayor and the six councilors in connection with the 2017 elections.

Elections Quebec recommended that an investigation be held into this matter in May. But since then, nothing.

The investigation has not even started yet, according to our information.

This situation frustrates the outgoing mayor. Not only does he ensure that he has nothing to be ashamed of, but he would have liked this investigation to be successful before the elections.

“I know that we did not do anything fraudulent,” pleads Jean Robitaille. The latter is not seeking a new mandate, but four of the advisers affected by the complaint are representing themselves.

No question of going faster

Elections Québec does not intend to accelerate the pace in its investigations, since the organization can legally wait up to 10 years after an offense to file a lawsuit.

Elections Quebec says it is “aware” of the importance of delays in certain files, but considers them “acceptable”, according to its spokesperson Julie St-Arnaud Drolet.

The fact that surveys are often complicated and sometimes dependent on responses from cities, which can be slow, justifies the delays depending on the organization.

Years of waiting

Sometimes months or even years can elapse between receipt of a complaint and its transmission to the investigation team. Other delays are added between the moment when the investigation report lands on the prosecutor’s office and the issuance of the statement of offense.

It is also impossible to obtain the average length of proceedings.

“As the nature of the complaints varies a lot, it would not be so representative,” said the spokesperson.

Despite this situation, Elections Quebec has no “specific thoughts so that complaints flow more quickly” and considers its resources “sufficient”.

Slow-down

The deadlines are stretched further during the election campaign. One, the volume of complaints is higher. Two, Elections Quebec prefers to remain discreet during this period, so that its actions do not “unduly influence the electoral debate”.

“We understand this desire of people to have answers quickly. But we will not rush investigative work, ”explains Ms. St-Arnaud Drolet.

Moreover, Elections Québec’s inquiries are not public. Even after the job is done, no communication is made if there is no charge. “If the person targeted by the investigation wishes to make this information public, it is up to him to do so,” concludes the spokesperson.

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