“Are you an American who endorses Tom Mulcair? Then you might be breaking the law”

From today’s National Post, an interesting story about on of Canada’s most outdated and likely-to-be-held-unconstitutional election laws, section 331 of the Election Act: http://news.nationalpost.com/news/canada/canadian-politics/are-you-an-american-who-endorses-tom-mulcair-then-you-might-be-breaking-the-law

This section purports to make it illegal during an election period for someone who is not resident in Canada to induce electors to vote or refrain from voting, or to vote or refrain from voting for a particular candidate.

As mentioned in the article, there have been a few half-hearted or cynical attempts to have this section enforced. However, nothing has happened because (a) enforcing it isn’t worth it given the challenges involved and (b) it is a certain as it gets that this section is inconsistent with the freedom of expression guaranteed in section 2(b) of the Charter.

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