Even though he has resigned and repaid $30,000 in “ineligible” campaign contributions and vowed to run in a byelection to get his seat back, the story is not over for former intergovernmental affairs minister Peter Penashue, says former Chief Electoral Officer Jean-Pierre Kingsley.
“We haven’t seen the end of this,” Kingsley said during an interview on the Global News program The West Block with Tom Clark.
“This is not a matter that disappears because a minister admitted that something wrong occurred.”
Kingsley said it is possible the matter could go to court, and if Penashue is found guilty, he will not be eligible to run again.
“The minister has agreed that the law was broken. He has not agreed that he broke the law willfully,” said Kingsley.
“There would have to be a guilty verdict found by a court of law, after accusations would have been laid by the director of public prosecution.
“And then if he were found guilty he could not run.”
Kingsley said to his knowledge a compliance agreement has not been struck between Penashue and Elections Canada.
In the meantime, the file rests in the hands of Chief Electoral Officer Marc Maynard, who may transfer it to Commissioner of Canada Yves Cote, who would decide whether to lay charges and pass it along to the public prosecutor, said Kingsley.
“It’s not easy to prove that someone willfully broke a statute and that is a protection that we allow ourselves under our regime,” said Kingsley.
Penashue said an “inexperienced volunteer” in his organization – his official agent – was responsible for accepting the illegal donations.
The Labrador MP won his seat by just 79 votes in an upset over Liberal incumbent Todd Russell in 2011. An Elections Canada review subsequently showed Mr. Penashue spent $4,000 over his limit of just under $84,500.
He also appeared to have accepted thousands of dollars in free flights across his expansive, remote riding – which would amount to a corporate donation.
A PMO spokesman said a byelection will be called “in due course,” while a Conservative party official confirmed Penashue will be the party’s candidate.
Even if Penashue were free to run again, Kingsley said “it is far from over.”
“Should Mr. Penashue run again, should he win, and should there have been charges laid in the meantime, and should he be found guilty retroactively, the House of Commons would have to decide what to do with the fact that someone would have been found guilty in a court of law of having broken the Canada Elections Act,” said Kingsley.
“And that will be another interesting discussion”
-With files from The Canadian Press.
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