All charges against former Calgary MP Rob Anders were dropped on the first day of a two-week tax evasion trial.
Prosecutor Tyler Lord appeared in Calgary County Court on Monday and told Judge Heather Lamure that the Crown had dropped all charges.
Outside the courtroom, Anders’ lawyer Paul Brunen told reporters that his client was “relieved”.
An earlier version of the story appears below.
Former Calgary Conservative MP Rob Anders will be tried for tax evasion on Monday, accused of failing to account for more than $ 750,000 over a six-year period, including alleged crimes that overlap with his time in government.
Anders faces five charges under the Income Tax Act for alleged activity between 2012 and 2018, including three charges of making false or fraudulent statements, receiving a refund of an amount to which he was not entitled, and evading payment of taxes.
The 50-year-old man who helped found the Conservative Party of Canada held his seat in Calgary from 1997 to 2015, first for the Reform Party and then for the CCP.
In 2014, when Anders lost the battle for Ron Lippert’s nomination in the Calgary Ride in Signal Hill, ending his 18-year term as an MP, he said his only regret was that his government had not cut taxes further.
Crown must prove “guilty act” and “guilty mind”
Police and court documents allege fake rental costs, mysterious deposits, as well as $ 750,000 in undeclared income and capital gains hidden by the CRA from Anders.
Criminal defense attorney Corey Wilson – who has represented clients facing similar charges – says proving the case would be a “tough battle” for prosecutors.
“They still have to prove the guilt and the guilty mind,” Wilson said
“It is not enough that income tax has not been paid, they must prove that he deliberately did not pay it through a guilty act; that he knew he had to pay it, and he didn’t pay it.
Anders’ lawyer, Paul Brunen, declined to comment on the case before the trial.
Penalties include imprisonment and / or fines
If convicted, Anders could face up to two years in prison and fines between 50 and 200 percent of the evaded taxes.
But Wilson says Anders is unlikely to face jail, citing a recent case in Alberta involving a larger sum of money, which led to the payment of a fine equal to the amount due as taxes plus house arrest.
“The chances of Mr Anders going to prison if convicted are very, very low,” said the Calgary lawyer.
Anders backed initiatives by the Harper government to offer a variety of tax breaks to Canadians. He was also an outspoken supporter of the abolition of the GST.
Ahead of the battle for nominations in 2014, then-Prime Minister Stephen Harper said Anders had voted for more than 160 tax breaks since his election.
Anders seems to have followed controversy when he was an MP. The staunch opponent of abortion has twice fallen asleep at work, called Nelson Mandela a “terrorist” and received a shoe from the Veterans Affairs Commission after conflicting comments about the NDP.
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