DISQUALIFICATIONS
The Canada Elections Act sets out a series of disqualifications that apply to electoral candidacy. Inmates of penal institutions serving sentences of two or more years are disqualified from seeking election. [88] Until 1993, patients suffering from mental disease were ineligible to be candidates during the period of confinement or while under the protection and supervision of a guardian. [89] Certain officials such as sheriffs, clerks of the peace, or county or judicial district crown attorneys may not seek election. [90] Similarly, federally appointed judges (citizenship judges excepted) and election officials are disqualified from voting and seeking election. [91] Members of provincial legislatures and territorial councils are also ineligible to run in federal elections. [92] An appointment to the Senate disqualifies a person from being a Member; no violation of this has occurred, although Senators have resigned their seats on occasion to seek election to the House. [93]
A person found guilty of any corrupt electoral practice under the Canada Elections Act within the previous five years, such as knowingly making a false declaration respecting election expenses, exerting undue influence upon a voter at an election, or inducing voters by promises of valuable consideration, food or drink, is disqualified from seeking election for seven years following the date of the conviction. [94] A person guilty of any illegal electoral practice under the Canada Elections Act, such as wilfully exceeding the legal spending limit, failing to submit a return respecting election expenses, or consenting to be a candidate when ineligible, is disqualified from seeking election for five years from the date of conviction. [95]
Independence of Parliament
As noted by Professor Norman Ward, “It is an ideal of democratic government that representation should be independent of undesirable forces that might bias their judgement on public matters. In particular, they should be free of the executive, at least insofar as direct pecuniary benefit is concerned.” [96] In order to preserve its independence, the Parliament of Canada re-enacted 1857 legislation from the Province of Canada which disqualified from eligibility as a Member of the Assembly or from sitting or voting, any person who had accepted
