As well as raising questions in the House of Commons yesterday, the federal NDP asked the Commissioner of Canada Elections to investigate the role third party advertisers played in the re-election of Conservative cabinet minister Gary Lunn.

Burnaby-Douglas Member of Parliament Bill Siksay cited the Tyee in his letter to commissioner William Corbett.

“I am concerned about the situation described in this media report as it pertains to the support offered to the Conservative candidate by four of the third party organizations,” Siksay wrote. “Several of these organizations appear to have ties to the Conservative candidate and the local Conservative Party riding organization. In one case there appears to have been the direct provision of goods or services to the third party organization by an official of the local Conservative campaign.”

He concluded, “I would ask that you investigate this matter to determine if there was any violation of the Canada Election Act.”

Elections Canada is, the Tyee reported last week, already investigating the matter.

On Feb. 5, 2009, executive members of the Liberal Party's Saanich-Gulf Islands electoral district association submitted a detailed complaint that included concerns about election eve automated phone calls for a withdrawn NDP candidate as well as about third party advertising in the riding.

Legal counsel John Dickson responded in a March 2, 2009 letter on behalf of Elections Canada and the commissioner to say the phone call investigation had been closed, but that they were still looking at documents related to the advertisers.

"The documents which are required to be filed by third party advertisers registered under the provisions of the Canada Elections Act are currently being reviewed and assessed by Elections Canada Political Financing and Audit Directorate (PFAD)," wrote Dickson "In the event that Directorate is of the view that any such filing requires further review and/or investigation, it is within the discretion of PFAD to refer the matter to the Commissioner for his consideration."

Dickson had written a similar response on Feb. 12, 2009 to a similar complaint from Cowichan Bay resident Roland Morgan.

Paul McKivett, president of the Liberal's electoral district association in Saanich-Gulf Islands, said he has sent more questions to Elections Canada about the phone call investigation and remains concerned about the third party advertising in the riding.

“It seemed to me they were violating the spirit of the third party advertising [laws],” he said. “We want to make sure Elections Canada does whatever it needs to do to reduce the incidence of this sort of thing happening in the future.”

Asked why the Liberals haven't raised more public alarm, he said the federal party is aware of the issue. “Right at the moment we're simply more interested in getting answers to the questions than making a political football out of it.”

He added, “It's interesting it keeps chugging along.”

The Tyee first reported on the issue on Oct. 15, 2008.

The Globe and Mail picked up on Siksay's questions and letter yesterday.

Following is the complete text of Siksay's letter:

OTTAWA 23 March 2009

Mr. William H. Corbett, Commissioner of Canada Elections c/o Elections Canada 257 Slater Street Ottawa, Ontario K1A 0M6

Dear Commissioner Corbett:

I am writing with regard to third party advertising activity in the riding of Saanich-Gulf Islands during the 2008 federal election campaign.

Recent media reports have raised questions about the activities of some of the organizations registered. In particular, please see the story on The Tyee at: http://thetyee.ca/News/2009/03/19/LunnThirdParty/. A copy of this story is attached for your information.

I am concerned about the situation described in this media report as it pertains to the support offered to the Conservative candidate by four of the third party organizations. Several of these organizations appear to have ties to the Conservative candidate and the local Conservative Party riding organization. In one case there appears to have been the direct provision of goods or services to the third party organization by an official of the local Conservative campaign.

I would ask that you investigate this matter to determine if there was any violation of the Canada Election Act.

Thank you for your attention to this important issue.

Sincerely yours,

Bill Siksay MP Burnaby-Douglas NDP Critic for Ethics, Access to Information and Privacy

Andrew MacLeod is The Tyee’s Legislative Bureau Chief in Victoria. Reach him here.