What is the test for improperly inducing a person to refrain from becoming a candidate?
Ontario, Canada
The following excerpt is from R. v. Lougheed, 2017 ONCJ 708 (CanLII):
This offence presumes the person being improperly induced is not yet a candidate but could possibly become one when the offence is committed. If the person could not possibly become a candidate, the offence could not be committed. One cannot be convicted of inducing someone to refrain from becoming something that they could not possibly have become. There is no longer a relevant distinction between legal and factual impossibility. (United States of America v. Dynar, 1997 CanLII 359 (SCC), [1997] 2 S.C.R. 462)
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