Conservative MP’s flyer violates election rules, Liberal opponent says

Etobicoke Centre householder was sent through House of Commons mailing system after campaign had already begun.

Thestar.com
Aug. 15, 2015
By Ben Spurr

The Liberal candidate in Etobicoke Centre is accusing his Conservative opponent of using parliamentary resources to mail out campaign material.

Borys Wrzesnewskyj says that last week constituents received so-called householders from Ted Opitz, the Conservative incumbent for Etobicoke Centre, which Opitz sent using the House of Commons mailing system.

A copy of one of the flyers provided to the Star by Wrzesnewskyj makes no reference to the federal election, but carries information about tax credits and other benefits for older citizens in the 2015 budget. “Our Conservative Government is working to improve the well-being of seniors,” it reads. It also includes a picture of Opitz and a return address at the House of Commons.

A Canada Post slip, also provided by Wrzesnewskyj,lists the customer for the mail-out as a numbered account at the House of Commons, and states that the flyers were sent out beginning Aug. 7, five days after the federal election was called. The slip is for an order of 490 flyers, but it’s not clear if that was the total number Opitz sent out.

Jim Burnett, Opitz’s campaign manager, confirmed that Opitz used the parliamentary mailing system to send the householder, but said doing so didn’t violate election rules because the flyers were ordered on July 13, almost three weeks before the campaign began.

Burnett said Opitz’s staff made “every effort” to stop all mail from going out once Prime Minister Stephen Harper triggered the election on Aug. 2, and were successful in other cases, “but the item in question was already sent to the post office and could not be cancelled.”

“I’m satisfied that everything’s above board,” Burnett said.

In a statement however, Wrzesnewskyj claimed that “using House of Commons resources ... during an election period is strictly prohibited.” He alleged that Opitz is “abusing taxpayers’ money ... for electoral advantage.”

“Everyone knows that, during the writ period, you cannot use the resources of the House of Commons,” the Liberal candidate said in an interview.

According to a parliamentary manual issued to MPs, parliamentary resources, including householders, “must not be used for election-related purposes.” If MPs do use such resources in their re-election bids, they must reimburse the House of Commons.

Elections Canada requirements state that an MP “might” send out a householder during an election, but it’s considered a campaign expense and must be paid for by the candidate’s campaign. If a householder is “in transit” when an election is called and “the candidate does not have the ability to stop the delivery,” it’s not considered a campaign expense even if it’s delivered during the campaign period.

Wrzesnewskyj’s allegations against Opitz are the latest episode in a bitter rivalry between the two candidates. Wrzesnewskyj held the Etobicoke Centre seat for three consecutive terms until Opitz defeated him in the 2011 election by just 26 votes.

In a case that eventually went all the way to the Supreme Court of Canada, Wrzesnewskyj challenged the results but, by a split 4-3 decision, the judges ruled that voting irregularities during the election were not serious enough to overturn Opitz’s victory.