NDP private member's bill seeks to close Election Act bribery 'loophole'

An Ontario private member's bill is proposing to close a "loophole" in the Election Act that makes it an offence to offer a bribe but not necessarily to receive one.

New Democrat Gilles Bisson introduced a bill Thursday to change the wording of the bribery section of the act to make it illegal for a candidate or candidate hopeful to seek or accept a bribe, which he calls "common sense."

"It seems to me it's a pretty clear thing," he said. "It's the same as somebody making the offer. I don't know why those two things were not, sort of, coupled together in the beginning."

The bill comes days after a Crown attorney prosecuting two Ontario Liberals under that section of the Election Act alleged outside court that Energy Minister Glenn Thibeault "sought certain benefits" in order to become the Liberals' candidate in a byelection in Sudbury.

NDP playing 'a political game'

Thibeault is not charged, but one of the charges faced by the premier's former deputy chief of staff alleges she promised to get Thibeault "an office or employment" to induce him to become a candidate.

Thibeault, who was a New Democrat MP before quitting to run for the provincial Liberals, has denied that he asked for anything that would be seen as a bribe in return for becoming the byelection candidate.

Attorney General Yasir Naqvi said it would not be appropriate for him to comment on whether the current law contains a loophole, given the ongoing prosecution.

"These are not hypothetical questions," he said. "What the NDP is doing is playing a political game here. You've got two individuals who are charged in the matter, that matter is before the courts. We have to tread very carefully."

The bill would need the support of the Liberals to pass, but the Progressive Conservatives will vote for it, said leader Patrick Brown.

"I don't think there should be a technicality like that. It's a loophole, it's not appropriate," he said.

The Election Act currently makes it an offence to "give, procure or promise or agree to procure an office or employment to induce a person to become a candidate, refrain from becoming a candidate or withdraw his or her candidacy."

Election Act charges currently before the courts

Bisson's bill proposes to add a section making it an offence to "apply for, accept or agree to accept any valuable consideration or office or employment in connection with agreeing to become a candidate, refraining from becoming a candidate or withdrawing his or her candidacy."

Naqvi noted there are also Criminal Code provisions that deal with bribery. It is a criminal offence to give or receive a benefit to "secure the appointment of any person to an office," to negotiate an appointment to or resignation from an office with the expectation of some reward.

The Ontario Provincial Police, who conducted the Election Act investigation, also conducted a criminal investigation. Liberal fundraiser Gerry Lougheed was charged with one count of counselling an offence not committed and one count of unlawfully influencing or negotiating appointments charges that were stayed earlier this year.

The Election Act charges currently before the courts are against Lougheed and Pat Sorbara, who took a leave of absence as Premier Kathleen Wynne's deputy chief of staff to become the Ontario Liberals' CEO and 2018 campaign director posts she resigned from when the charges were laid.

Sorbara and Lougheed deny the charges.