My American and international readers might not know this, but by posting Canadian election results before the polls closed nationwide, I broke Canadian election law.
Since 1938, a ban has been in place that forbids reporting election results in Canada before all the polls have closed. Section 329 of the Canada Elections Act states:
No person shall transmit the result or purported result of the vote in an electoral district to the public in another electoral district before the close of all of the polling stations in that other electoral district.
The punishment for breaking this law is a fine no greater than $25,000.
This law was challenged in the 2000 election when Paul Bryan, a software engineer living in British Columbia, published results on his website. After bouncing upwards in the court system (convicted in B.C. Provincial Court, overturned in B.C. Supreme Court, ban upheld by B.C. Court of Appeal), the Supreme Court of Canada upheld the blackout. Bryan was fined $1000.
I don’t live in Canada, so I don’t fall under the jurisdiction of the law. I don’t agree with the law, either. Voters should be given the opportunity to vote with any information available to them. If this means Western Canadians get to know the results from Atlantic Canada and possibly change their votes because of this new information, so be it. Elections Canada has every ability to stop this from happening by having the polls close across the country at the same time (tough to do as Canada spans five time zones), not release the results to the media until all the polls are closed, push for expanded early voting or mail-in votes, or close polling stations at staggered times across the country but only start counting at the same time.
A ban on disseminating information in the age of world-wide instant communication is infeasible, as my blog (and others, and other sources like Twitter) demonstrate. It’s a law for the radio age, not for the Internet age, and ought to be stricken from the Canada Elections Act.
Further reading:
[tags]canada election 2008, elections canada, section 329, canada elections act, paul bryan[/tags]