Categories
Judicial

The Right To Respond

This is a short update for those who care to hear that the social media network ‘Facebook’ has been prohibiting access to political candidates during this election while it is used to disseminate misinformation about those same candidates.

I am unable to login to my account because Facebook claims it does not exist. This makes it effectively impossible to use the social media platform to respond to those disseminating false information on it.

Disabling the social media account of a political candidate is an act of intent. Without exception, all of our pages have been taken down. This includes our party page www.facebook.com/nationalistca.

Facebook cannot claim to be “non-exclusionary” when it is prohibiting access to political candidates in the ongoing 45th Federal Election. What this social network is doing is prohibiting access to political candidates while disseminating misinformation about those same candidates in an attempt to influence our electoral processes.

This matter has been reported to Elections Canada (EC-000268152), but has received no relief:

Elections Canada is tasked with administering the Canada Elections Act. Such jurisdiction includes false statements on social media (Facebook) that a candidate has committed an offense under the Criminal Code of Canada.

Publishing false statement to affect election results
“No person or entity shall, with the intention of affecting the results of an election, make or publish, during the election period, a false statement that a candidate, a prospective candidate, the leader of a political party or a public figure associated with a political party has committed an offence under an Act of Parliament or a regulation made under such an Act — or under an Act of the legislature of a province or a regulation made under such an Act — or has been charged with or is under investigation for such an offence.”

– Section 91(1), Canada Elections Act

Facebook is being used to publish claims that I have been found guilty of harassing a “woman and her child” from July 29th, 2023. However, contrary to claims made, the child is question is not the complainant’s.

The woman remains at suspicion of abducting a child under the age of 14 years.

Abduction of person under age of 14
Every person who, not being the parent, guardian or person having the lawful care or charge of a person under the age of 14 years, unlawfully takes, entices away, conceals, detains, receives or harbours that person with intent to deprive a parent or guardian, or any other person who has the lawful care or charge of that person, of the possession of that person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years; or an offence punishable on summary conviction.

– Section 281, Criminal Code

The onus remains on the Crown to demonstrate that the woman has de jure possession of the child. This element of the Province of Saskatchewan’s prosecution has not been addressed.

The matter is currently on appeal with the Saskatchewan Court of Appeal and scheduled for a May 14th hearing.

On April 2nd, Michael Irvine of Estevan is using the Facebook social media platform to disseminate false statements about local political candidates. The same candidates whom the false statements are being made about are prohibited from accessing the social media network in order to respond.

On a balance of probabilities, this would affect election results and warrants an investigation on behalf of Elections Canada.

Elections Canada is obligated to investigate a suspected breach of section 91(1) of the Canada Elections Act.