(transcribed
for web posting from the faxed original)
April
19, 2001
David
D. Schreck
145 East Windsor Road
North Vancouver, British Columbia
V7N 1J9
Dear
Dr. Schreck:
I
confirm receipt of your letter of April 18, 2001 in which you
request a written retraction of Ms Western's electronic message
to you of April 17, 2001. That message informed you that the content
of your website, http://www.StrategicThoughts.com, will be deemed
to constitute election advertising if it is maintained in its
present format during the upcoming election period. It further
informed you of the need to register as an election advertising
sponsor under the Election Act and to take certain steps to identify
your sponsorship in any election advertising you do sponsor.
The
content of Ms Western's message is in accordance with the usual
form of notice sent by my Office to potential election advertising
sponsors. The manner of expression is neutral and in conformity
with the requirements of the Election Act. I do not agree that
the message could be considered either "unfortunate"
or "harassing".
I
do accept your comments regarding some of the information contained
in the web site. Your resume, for example, would not, by itself,
constitute election advertising. However, portions of the site
promote or oppose, directly or indirectly, the election of a candidate
or a registered political party, within the meaning of section
228 of the Election Act. You are, therefore, sponsoring election
advertising.
Elections
BC has consistently identified the Internet as a medium through
which election advertising may be published or disseminated. The
content of the home page of your site can be compared to an electronic
pamphlet. The breath of the available audience underscores the
impact of the material contained on the site and the need to maintain
the accountability of sponsors who use the Internet, under the
scheme of the Election Act.
The
amount of money spent by a sponsor is irrelevant to the issue
of who must register as a sponsor of election advertising. At
the same time, under section 244, the Election Act recognizes
that those who spend nominal amounts do not need to an election
advertising disclosure report with the Chief Electoral Officer.
I
am satisfied that Ms Western's e-mail was in accordance with the
requirements of the Election Act. Further, I agree with her that
portions of your website go beyond the expression of political
opinion and, instead, both promote the election of the New Democratic
Party of B.C., and oppose the election of the British Columbia
Liberal Party and its leader, Mr. Campbell.
Thank
you for bringing this matter to my attention.
Yours
very truly,
Robert
A. Patterson
Chief Electoral Officer
RAP/LMJ/ls