Judge rules against Ontario third-party campaign finance rules
An Ontario judge has struck down a limit on third-party ad spending introduced by Premier Doug Ford's government, declaring recent changes to the law unconstitutional.
A group of education unions had argued the changes to the Election Finances Act would have a chilling effect on their rights to free expression in the year leading up to a provincial election.
The government recently doubled the restricted pre-election spending period to 12 months, but kept the $600,000 limit on third-party political advertisement spending the same.
The attorney general had argued that the changes, which came into force in May, were necessary to protect democratic elections from outside influence.
But Ontario Superior Court Justice Edward Morgan wrote in his Tuesday decision that extending the regulated spending period to 12 months was not necessary.
He said that's because the previous period of six months, introduced by the former Liberal government, achieved the same aims.
"There is no justification or explanation anywhere in the Attorney General's record as to why the doubling of the pre-election regulated period was implemented. This lack of explanation has to be taken seriously," Morgan wrote.
Morgan's judgment declared the sections of the Election Finances Act involved in the court challenge to be no longer in force.
He said that ruling would take effect immediately given the sensitive timing of the case. The next provincial election is scheduled for June 2, 2022 -- less than a year away.
"It would be unfair to the Applicants ... for statutory provisions that have been declared unconstitutional to remain in operation during this time," Morgan wrote.
"If the government wishes to amend the (Election Finances Act) yet again in time for the next election, it will have to navigate the legislative process in a way which allows it to do so."
A spokeswoman for Ford's office said the government is reviewing the decision.
"The purpose of this legislation was to prevent American-style spending by wealthy and powerful individuals and interests from unfairly influencing the democratic process," Ivana Yelich said.
Unions and interest groups applauded the decision.
Cara Zwibel with the Canadian Civil Liberties Association, which acted as an intervener in the case, said the ruling "restores freedom of expression and freedom of association to Ontarians."
"This is not just about the right of third parties to speak out on issues that are important to them -- it is about the rights of all the people of Ontario to hear those messages and participate in our democratic system," Zwibel said.
Unions representing teachers in elementary, secondary and English Catholic schools said in a joint statement that the decision is a win for the unions and all Ontarians.
"The Ford government's deliberate attempt to shield itself from legitimate criticism and accountability from voters in the lead-up to the election has failed," the group said.
"Justice Morgan's decision validates our positions and sends a strong message to the Ford government: rules that drown out government critics and silence dissenting voices have no place in a democracy."
This report by The Canadian Press was first published June 8, 2021.
CTVNews.ca Top Stories
'Anything to win': Trudeau says as Poilievre defends meeting protesters
Prime Minister Justin Trudeau is accusing Conservative Leader Pierre Poilievre of welcoming 'the support of conspiracy theorists and extremists,' after the Conservative leader was photographed meeting with protesters, which his office has defended.
'My stomach dropped': Winnipeg man speaks out after being criminally harassed following single online date
A Winnipeg man said a single date gone wrong led to years of criminal harassment, false arrests, stress and depression.
Bank of Canada officials split on when to start cutting interest rates
Members of the Bank of Canada's governing council were split on how long the central bank should wait before it starts cutting interest rates when they met earlier this month.
'One of the single most terrifying things ever': Ontario couple among passengers on sinking tour boat in Dominican Republic
A Toronto couple are speaking out about their 'extremely dangerous' experience on board a sinking tour boat in the Dominican Republic last week.
7 surveillance videos linked to extortions of South Asian home builders in Edmonton released
The Edmonton Police Service has released a number of surveillance videos related to a series of extortion cases in the city now dubbed 'Project Gaslight.'
Ukraine uses long-range missiles secretly provided by U.S. to hit Russian-held areas, officials say
Ukraine for the first time has begun using long-range ballistic missiles provided secretly by the United States, bombing a Russian military airfield in Crimea last week and Russian forces in another occupied area overnight, American officials said Wednesday.
Pilot reported fire onboard plane carrying fuel, attempted to return to Fairbanks just before crash
One of the two pilots aboard an airplane carrying fuel reported there was a fire on the airplane shortly before it crashed and burned outside Fairbanks, killing both people on board, a federal aviation official said Wednesday.
BREAKING Manitoba government tables bill to end ban on homegrown recreational cannabis
Manitoba is planning to lift its ban on the home growing of recreational cannabis.
All Alberta wildfires to date in 2024 believed to be human-caused: province
There are 63 wildfires burning in Alberta's forest protection area as of Wednesday morning and seven mutual aid fires, including one in the Municipal District of Peace.