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),  2 S.C.R. 462)
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