Tue 11 May 2010
My understanding is that only Canadian citizens can vote right?
What if someone managed to get past to proof of citizenship stage however, and somehow managed to vote in elections. Is that a crime? I do not mean to say that the person purposely frauded the system, just that somehow the government still allowed them to vote.
What is usually the sentence if convicted of voting without citizenship? Anyone know what section of the criminal code this falls under?
Yes, it’s a crime under the Canada Elections Act.
Short answer: up to $5000 and/or five years in jail.
Long answer:
You would be contravening paragraph 5(a), thereby committing an offence under paragraph 483(a) of the Canada Elections Act
Punishment is set out under paragraph 500(5):
Punishment – offences requiring intent (dual procedure)
(5) Every person who is guilty of an offence under any of subsections 480(1) and (2), sections 481 to 483, subsections 484(3), 485(2), 486(3), 487(2), 488(2) and 489(3), section 490, subsections 491(3) and 492(2), section 494, subsections 495(5), 496(2) and 497(3), section 498 and subsection 499(2) is liable
* (a) on summary conviction, to a fine of not more than $2,000 or to imprisonment for a term of not more than one year, or to both; or
* (b) on conviction on indictment, to a fine of not more than $5,000 or to imprisonment for a term of not more than five years, or to both.