February 5, 2016

Mr. Bill Bowles
The Commissioner of Elections
Province of Manitoba
5 - 165 Kennedy Street
Winnipeg, Manitoba R3C 1S6

Dear Commissioner Bowles,
I am writing to bring to your attention and respectfully request you investigate a potential serious
violation of The Elections Act. On Dec. 17, 2015 CBC reporter Chris Glover reported the following:
CBC News obtained a letter from Opaskwayak Cree Nation (OCN) Chief Michael Constant to
aboriginal and northern affairs minister Eric Robinson dated April 21, 2015.
The letter follows a closed-door meeting between Constant and Robinson in OCN territory
on Feb. 19. Constant wrote he also met with Selinger "during his visit at this time."
In his letter to Robinson, Constant wrote after the meetings he "clearly understood support
would be given to us if we, OCN, would support Premier Selinger in the election process."
The "support" Constant said he was promised, in exchange for supporting Selinger, was for
a bid to get a Bipole III Transmission Line work contract for construction that Manitoba
Hydro was to do through OCN territory.
"That was the impression of the council, that was what we thought we were hearing at the
time, but it didn't happen," said Chief Constant on the phone from OCN.
A copy of the April 21, 2015 letter and the December 17, 2015 CBC news story “Manitoba aboriginal
affairs minister denies promise of Hydro work in exchange for supporting premier” is attached for
your reference.
In both the letter and the interview there are references to promises of “support” for Mr. Selinger’s
“election process” made during the February 19, 2015 meeting. On February 19, 2015 the only
“election process” underway at the time was last year’s NDP Leadership race. At that time, it was
far from certain Mr. Selinger would be successful in defending his position as NDP Leader at the
March 8 NDP Leadership Convention.

1/4

 Delegate selection mail-in ballots were mailed January 26-30, 2015. Ballots to elect the delegates
who would select the NDP leader were to be post marked no later than Monday, February 23, 2015.
This was only four days after the February 19, 2015 meeting. The final deadline for voting delegates
to register was Monday, March 2, 2015. Northern delegates, including those from The Pas, were
allowed to mail-in preferential ballots to select the NDP leader through the first and second round
of balloting. The NDP leadership vote occurred on March 8, 2015.
Allegations of vote tampering by the Selinger Leadership Campaign in the neighbouring riding of
Swan River were reported by media on February 20, 2015. The allegations involving a current senior
member of the Selinger Campaign Team voting on behalf of local members were serious enough to
require the mail-in ballots be set aside and a re-vote ordered.
The Pas provincial constituency, where OCN resides, figured prominently in media coverage during
the NDP Leadership race and particularly in the weeks before the referenced meeting of the
Premier, Deputy Premier and representatives from OCN. In a February 9, 2015 CBC story “Selinger
struggles through delegate selections for leadership race” highlighted the importance of The Pas,
reporting:
The minimum delegates a constituency can send to the convention is five, the maximum in
this race is 145, which will come from The Pas.
Media analysis in the Winnipeg Free Press on February 14, 2015 indicated the race was a battle
between Mr. Ashton and Mr. Selinger reporting:
This time, just like last time, two of the key votes will take place in The Pas and The Maples.
These are the two constituencies with the highest number of potential delegates.
Mr. Ashton claimed he had 142 out of 145 delegate spots in The Pas. However, something occurred
between late February and the March 8 NDP Leadership vote that dramatically impacted voter
participation by NDP delegates from The Pas. A March 8, 2015 Winnipeg Free Press column by Dan
Lett titled “Ashton's organizational prowess not enough in leadership race” reported the following:
In the end, Ashton was undone by the fact that too many of his delegates did not fulfill their
obligation to vote. Particularly in the north, where Ashton nearly ran the table for delegates,
there was an alarming no-show rate.
For example, at the registration deadline, it appeared that as many as 30 Ashton delegates
from The Pas had not sent in their mail-in ballots. In a race that was too close to call heading
into the weekend, that was a fatal mistake.
That “fatal mistake” in The Pas constituency contributed to Mr. Ashton’s defeat on the first ballot
by a narrow 73 votes. Mr. Selinger went on to the second ballot and won the NDP leadership race
and remain Premier by a margin of just 33 votes.

2/4

 The comments by Chief Constant and the timeline of events lead to the clear concern that Mr.
Selinger both required and received the promised “support” for his “election process” as described
in the April 21, 2015 letter.
The question of which “election process” Chief Constant was referring to was raised in the Dec. 17,
2015 CBC story. It reported the following:
Chief Constant said the "election process" he was referring to in the letter was the
provincial election in April.
While allegations of offering contracts to secure “support” for a provincial leadership race is
concerning, allegation of doing the same for the upcoming provincial general election cause for
significant urgency and alarm.
Part 14 of The Elections Act provides the following guidance on bribery and intimidation offences
under Manitoba electoral law:
PART 14
OFFENCES
BRIBERY AND INTIMIDATION OFFENCES
Offering a bribe
178(1) A person who, directly or indirectly, offers a bribe to induce or influence another
person to do any of the following is guilty of an offence:
(a) to vote or refrain from voting;
(b) to vote or refrain from voting for or against a particular candidate;
(c) to nominate or refrain from nominating a person as a candidate;
(d) to run or refrain from running as a candidate or to withdraw as a candidate.
Additional penalty
178(4) In addition to the penalty provided for in subsection 185(1), a person convicted of
an offence under this section is liable to a further fine in the amount that is double the value
of the bribe involved.
We note that Part 14 does not require a completed transaction. The fact the promised contract was
not, in the end, awarded is not relevant and has no bearing on if an offense actually occurred. The
party involved clearly believed and continues to believe they were offered an inducement in
exchange for their support.
We respectfully request you investigate these troubling allegations to determine if a violation of
The Elections Act or The Elections Financing Act has occurred. We request you investigate the
applicability of The Elections Act bribery and intimidation offences to provincial leadership races. Is
it illegal to “directly or indirectly, offers a bribe to induce or influence another person to” vote or
refrain from voting for a provincial party leadership candidate? While there is direct reference and
requirements for “leadership contestants” in The Elections Financing Act there appears to be no

3/4

 direct reference in The Elections Act. Does this mean it may, in fact, currently be legal to offer
inducements to those participating and voting to elect a provincial party leader?
The applicability of The Elections Act provision on bribery and intimidation offences to a by-election
or a general election process is beyond dispute. The gravity of these allegations as they relate to the
NDP leadership race and/or the upcoming provincial election requires thorough and urgent
investigation.
I look forward to your response and consideration of this important matter.
Sincerely,

(original copy signed)

Kelvin Goertzen
MLA for Steinbach
Progressive Conservative Caucus

4/4