Anonymous 'smear campaign' results in $3,000 fine under Municipal Elections Act

Former council candidate Randy Warden has plead guilty to one charge under the Municipal Elections Act.

Warden entered his plea via Zoom to a single charge of failing to identify himself on election campaign advertising.

In 2018, Warden was a candidate for the Ward 5 council seat in London against then-incumbent Maureen Cassidy.

During the campaign, anonymous signs were posted along roadsides targeting Cassidy’s integrity and anonymous attack websites criticized Cassidy’s integrity and position on the Bus Rapid Transit project.

In a rare move, OPP charged Warden under the Municipal Elections Act in August 2020.

On Wednesday, Crown Attorney Jeremy Carnegie read an agreed statement of facts that Warden hired public affairs company Blackridge Strategy and gave it freedom to act on his behalf during the 2018 election.

Neither the website nor signs indicated that they were paid for by the Randy Warden campaign.

In 2018, Blackridge Strategy admitted in a news release that the tactics were, “harsh” but did not admit any wrongdoing.

No one from Blackridge Strategy has been charged in relation to the website or signs.

Carnegie explained that whether Warden was aware of the “smear campaign” against Cassidy or not, he had a duty to be aware of their activities on his behalf.

Defense lawyer Gord Cudmore told the court that registering the domain www.maureencassidy.ca was intended to “point” voters to Warden’s website, and his client was unaware of its content until much later.

On Wednesday, Warden explained to the court, “Your Honour, I regret where this went. My trust was misplaced.”

Arguing for a $5,000 fine, the Crown said election laws “are put in place to ensure fairness and transparency in the electoral system.”

Cudmore countered with a suggestion of a $1,000 fine, explaining “there is minimal if any precedent” and listed Warden’s long history contributing to the community.

Justice Minard ruled that Warden must pay a $3,000 fine.

He added, “It may not have been done directly by you, but it was done, as you said, on your watch.”

 

Reaction to the plea 

 

“I think it was fair,” said John Hassan, one of several Londoners who filed a complaint with police. “There’s a lot of obligation and responsibility that comes with running for office, and that was demonstrated.”

As for Cassidy herself, she said uncovering those responsible for the attack ads was about much more than her and told CTV News London, “I think it is a good thing for future elections for sure.”

The two-term councillor added that her re-election victory also sent a message about anonymous attack ads.

“Methods that weren’t in line, [and] that violated the Municipal Elections Act, wasn’t successful,” she said.

Hassan hopes the $3,000 fine will echo through future elections.

“If you are going to run for office, there is a level of obligation for you to both know the act and to bring people into the campaign that you trust,” she said.

 

The Barry Philips case 

 

Also in 2020, Barry Phillips, a volunteer with Coun. Paul Van Meerbergen’s 2018 campaign, was charged under the Municipal Elections Act with failing to register as a third-party advertiser.

Prior to being charged, Phillips told CTV News London he paid Blackridge Strategy more than $1,000 of his own money for a website disparaging former councillor Virginia Ridley.

Ridley lost to Van Meerbergen in the last municipal election.

Van Meerbergen is not facing any charges.

Philips’ charge continues to make its way through the court system.