حقيقة الاسباب التى تقف وراء فشل المفوضية العليا للانتخابات

Quote: The Chief Electoral Officer As noted above, one of the most significant developments in the history of the Canadian political system is that the organizational procedures and procedural rules have been progressively removed from partisan political control and intervention. The system is now administered by a neutral, impartial and independent set of officials, although the laws continue to be passed by politicians. It is now accepted that election officials must not be seen by the public as closely associated with the government of the day, or as working toward the re-election of the incumbents. In order to establish the system’s independence and neutrality, politicians have foregone their previous prerogative of administering or interfering with the electoral machinery to their own advantage. This has reinforced the legitimacy and efficiency of the electoral system. The Dominion Elections Act of 1920 first created the position of Chief Electoral Officer. In 1927, the law was amended so that this individual would be appointed by resolution of the House of Commons, rather than by the government of the day. It was thus recognized that the office needed to have the confidence of all political parties represented in the House of Commons. The Chief Electoral Officer is responsible to Parliament, rather than to the government. Once appointed, the Chief Electoral Officer – who holds office until he or she attains the age of 65 – can only be removed for cause by the Governor General upon a joint address of the House of Commons and the Senate. The procedure is designed to prevent arbitrary removal, and reduce the influence of the government. The salary of the Chief Electoral Officer is also protected, in that it is equal to that of a Federal Court judge and cannot be raised or reduced without legislation. The fact that since 1920 there have been only five chief electoral officers has contributed to continuity and professionalism. The Office of the Chief Electoral Officer, also known as Elections Canada, is responsible for exercising general direction and supervision over the preparation, administration, and reporting aspects of federal elections and the election expenses provisions of the Canada Elections Act. The Office also has responsibility to “enforce, on the part of all election officers, fairness, impartiality and compliance with the provisions of [the] Act.” In addition to the overall responsibility for the administration of the electoral process set out under the Canada Elections Act, the Chief Electoral Officer has discretionary powers to adapt the process in the light of unusual circumstances. Obviously, Elections Canada is most busy during election periods. Usually, federal general elections are held approximately every four years, although they can be called at any time. This is particularly true when there is a minority government, i.e., when no single party has a majority in the House of Commons. This can be compared to an electoral system such as that in the United States where elections are held at fixed times. Moreover, a great deal of planning and preparation must be done between elections. Elections Canada also administers by-elections, which are held whenever a vacancy in the House of Commons needs to be filled. Responsibility for actually conducting an election resides primarily within each constituency, where it is exercised by a hierarchy of officials. These officials swear oaths of impartial conduct upon assuming office and are governed by the detailed provisions and procedures set out in the Canada Elections Act. Final responsibility for the administration of an election within each constituency rests with the returning officer. As a result of amendments to the Canada Elections Act brought about by Bill C-2, the Federal Accountability Act (1st Session, 39th Parliament), which came into force in 2007, the Chief Electoral Officer is responsible for the appointment of all returning officers using a merit based process, as well as for their removal. The appointment is for a 10-year term that may end sooner in cases of death, resignation, ceasing to reside in the electoral district to which the returning officer is assigned, or removal from office for reasons prescribed in the Act, such as mental or physical incapacity or engaging in partisan conduct. The term may also be extended for a further 10 years in some circumstances. Before passage of the bill, returning officers were appointed or removed by Order in Council. The returning officer in turn appoints an election clerk, who holds office at pleasure and may be authorized to perform certain of the returning officer’s duties, as set out in the Canada Elections Act. After the election process formally begins, the returning officer appoints a deputy returning officer and poll clerk for each polling station. The appointments are made from lists submitted by the parties who came first and second in the previous election, unless such lists are not available by the deadline or the returning officer refuses on other grounds. Deputy returning officers hold office at the pleasure of the returning officer for the duration of the election.