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April 16, 2008

Something isn’t right about RCMP “raid”

If the Conservative Party of Canada is in the midst of a confrontational legal matter with Elections Canada, isn’t it a bit imprudent for EC to use an enforcement mechanism of the state (the RCMP) to gain leverage (political and informational) against its opponent?

Let’s consider an analogy.

If I was suing Heath Canada for certifying faulty medical equipment that led to personal injury, would it be appropriate for Heath Canada to call in the RCMP to raid my office in order to gather evidence of my claim, decreasing the merit of my case in the eyes of my co-workers (or even the national media if they were called ahead of time). Since Health Canada and I have equal standing in court, would I have the power to leverage this same enforcement mechanism to help my case?

Since Elections Canada has a stake in an ongoing civil action with the Conservative Party of Canada, is conducting their related investigation in conflict with the equal standing that the Conservatives should reasonably expect in their civil case against them?

Furthermore, doesn’t a court in a civil matter have the same powers to gather and secure evidence? So, why is this being done by the RCMP and why is this being directed by one of the stakeholders in a related lawsuit?

Should Elections Canada suspend its investigation process until questions raised by the Conservative Party’s civil suit are sorted out?

UPDATE:It would seem that according to Mr. Lamothe at Elections Canada that “the Commissioner of Canada Elections is not party to this litigation”.

This entry was authored by Stephen Taylor at 02:21 AM | Tweet this | View Comments
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  • http://www.easypersonalinjuryclaims.co.uk Injured steve

    This seems like Health Canada have far too much power. Morally they should have the same access to powers as everyone else.

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