infringement of the ban while using technologies that are everyday forms of 21st century communication. During Canada’s most recent
election, in 2011, more than 4,800 tweets of election results were posted to Twitter (although not all were explicit or accurate). Media reports stated that the campaign was the number one trending topic on Twitter and third in the world during the three-hour blackout period in which communication of election results is expressly forbidden.
Canadians’ fundamental right to freedom of expression, it also progressively subjects Canadians to potentially heavy penalties for
Freedom of expression While the government does not condone breaking the law, it has serious reservations about upholding a rule that limits freedom of expression while simultaneously exposing Canadians to possible
heavy penalties for infractions. Paragraph 495(4)(d) and subsection 500(4) of the Canada Elections Act state that anyone who wilfully contravenes section 329 is guilty of an offence and liable on a summary conviction to a maximum fine of $25,000. This is especially of concern in a
climate where the line between public and private communication is increasingly blurred and democratic participation and conversation often occur is quasi- public environments. As communication technologies evolve, Canadians are more interconnected than ever before and they should not be penalized, or fear being penalized, for possible infractions of an out-of-date rule drafted in a bygone era. As the line between public and private communication is increasingly gray,
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Section 329 of the Canada Elections Act is restricting Canadians’ freedom of expression by trying to ban discussions of election results in social media forums such as Twitter while some polls are still open.