Elections Nunavut reveals who can’t run in 2013 territorial election

Nearly 30 Nunavut residents, who either ran or served as financial agents for candidates in past territorial elections, will not be eligible to run again in next October’s territorial election.

A list compiled by Elections Nunavut includes past Nunavut MLAs and government ministers, Levinia Brown and Donald Havioyak, and former MLA Ovide Alakannuark.

“They are disqualified from being a candidate because they failed to file a complete campaign financial return or filed a campaign financial return late,” says Elections Nunavut.

The disqualification remains in effect for five years.

For most this means the end 2013, but for Joseph Aglukkaq and Sandra Ruben of Gjoa Haven, it’s June 25, 2015.

Generally, you can be a candidate in Nunavut if you’re eligible to vote on election day and you are not disqualified.

And you can also be a candidate in any Nunavut constituency (22 this time), not just the one you live in.

But in the case of the 27 on the Elections Nunavut list, they are ineligible under Section 11 of the Nunavut Elections Act.

Section 11. 2.1 says that if there is no financial return filed or submitted within the five-year deadline, you can’t run if you were “a candidate or financial agent in a previous election.”

Section 11. 2.2 says a person cannot be a candidate if he or she signed a “compliance act” about breaking election rules during a previous election, but did not comply with those conditions.

All Canadian territorial, provincial and federal election statutes have enforcement provisions.

These enforcement provisions include the laying of charges by police and the prosecution of those charges in the courts.

Nut Nunavut and the House of Commons are the only jurisdictions in Canada which allow compliance agreements as alternatives to judicial enforcement.

Under the Nunavut Elections Act, the Integrity Commissioner has the authority to negotiate a compliance agreement with anyone alleged to have committed offences under that act.

In 2005, after the first general election under the new Nunavut Elections Act in 2004, 21 candidates and official agents faced charges of failure to obey financial filing requirements.

Compliance agreements were entered into by 12 accused. Five complied with their undertakings and had their charges withdrawn, notes a 2005 report from the Integrity Commissioner.

Following the last election in 2008 no new agreements were signed.