Roger-Luc Chayer (Photo : Poster Luc Rabouin front of 1390 Ste-Catherine East / Gay Globe Media)
Reader Question: Legal or Misleading?
Question from François V. (Montreal):
Gay Globe, is it legal to present oneself as Mayor of Montreal on an election poster when the person is only a candidate? For example, I notice that on Soraya from Ensemble Montréal’s posters, it says “Mairie de Montréal.”
Answer from Gay Globe:
François, thank you for your observation. Here is the current situation.
Gay Globe was able to confirm on September 22 that Luc Rabouin’s election poster, placed opposite 1380 Ste-Catherine East, did indeed display the mention “Mayor of Montreal” in the top left corner. Further along, at the corner of Plessis and Sainte-Catherine East, Soraya Martinez Ferrada’s election poster displayed the inscription “Mairie de Montréal.”
The question therefore arises: if Luc Rabouin is not Mayor of Montreal, but only mayor of the Plateau-Mont-Royal borough, can he legally use the title “Mayor of Montreal”?
Legal or Misleading?
The distinction is important in the case of Montreal:
- Mayor of Montreal → refers only to the mayor elected to lead the City of Montreal (central office covering the entire city).
- Borough Mayor → each borough in Montreal has its own mayor, who also sits as a city councillor. For example: Mayor of Plateau-Mont-Royal.
Legal and Electoral Framework
Using the title “Mayor of Montreal” by someone who does not hold that position would be misleading and potentially considered misrepresentation.
The Director General of Elections of Quebec (DGEQ) strictly regulates the use of titles and elected positions in all election propaganda. Using Mayor of Montreal without holding the office can be contested or sanctioned.
Conversely, the expression Mayor of Plateau-Mont-Royal or Borough Mayor is correct and legitimate.
According to all rules, no, a borough mayor (such as Mr. Rabouin) cannot legally present themselves or sign as “Mayor of Montreal.” They can and must use the specific title of their borough (Mayor of Plateau-Mont-Royal).
What Do the Laws Say?
The Act respecting elections and referendums in municipalities (LERM, RLRQ c. E-2.2) governs the entire municipal electoral process in Quebec: candidate registration, campaign financing, election spending, and partisan advertising. It also provides for a range of offenses, including those related to electoral propaganda or misleading messages disseminated to voters.
A key article, Article 283, prohibits certain forms of partisan advertising and more broadly covers any “other form of partisan advertising.” In theory, this could apply if a candidate or elected official falsely claimed the title of Mayor of Montreal in an electoral context, a move that could be interpreted as misleading advertising intended to deceive voters.
At the federal level, the Criminal Code of Canada also contains provisions against misrepresentation of public office. For example, pretending to be a public official or state agent to commit fraud constitutes a serious offense. However, these provisions mostly apply in criminal contexts, not to ordinary political communication by a municipal candidate.
What Remains Unclear
There is no specific provision explicitly prohibiting a borough mayor from presenting themselves as mayor of the entire City of Montreal. In other words, while the practice is certainly misleading and could be contested, it does not currently appear to be clearly codified as an autonomous offense under the LERM.
Luc Rabouin, the Mayor with Nonexistent Roles
Luc Rabouin’s campaign, from Projet Montréal, creates considerable confusion. One may even wonder if this is intentional, aiming to mislead Montrealers heading to the polls on November 2.
On the official page that Projet Montréal devotes to him (projetmontreal.org/equipe/luc-rabouin), the candidate is presented as “Mayor of Montreal” and “Mayor of Ville-Marie borough.” Both of these statements are false and misleading as of today.
Valérie Plante Remains Mayor of Ville-Marie
According to available information, Valérie Plante is still the mayor of the Ville-Marie borough. The official City of Montreal website lists her as both mayor of the city and of this central borough.
Wikipedia also confirms that Ms. Plante has held this position since 2017. Luc Rabouin, for his part, is mayor of the Plateau-Mont-Royal borough, not Ville-Marie.
To bring this situation to the attention of the Director General of Elections of Quebec, visit: https://www.electionsquebec.qc.ca/nous-joindre/#plaintes
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