Judge upholds Ontario rules limiting third-party election ad spending
![watching TV (Shutterstock)](/content/dam/ctvnews/en/images/2020/2/12/watching-tv-1-4808089-1639015974946.jpg)
An Ontario judge has upheld the province's restrictions on third-party election advertising, ruling the measures do not infringe on voters' right to meaningfully participate in the election process.
In a decision issued last week, Ontario Superior Court Justice Ed Morgan threw out the challenge brought forward by a group of labour organizations calling itself the Working Families Coalition.
The coalition challenged the election advertising rules on grounds that they infringe on the right to vote by limiting the ability of third parties to share information on matters of public policy for a year before an election.
Morgan found, however, that the rules meet the legal requirement to allow for broad and egalitarian participation in the campaign.
He noted such restrictions are only required to leave room for third parties to lead informational campaigns -- not to ensure that they can put on an expensive, effective one.
"The object of the exercise is to ensure that the tailoring of the legislation is carefully calibrated with the need for broad and egalitarian participation; it is not to ensure that the political advertisements can pack a strong punch," the judge wrote.
He added there is nothing within the legislation itself that is "politically slanted," as the restrictions apply to all third parties equally.
"While it does limit the pre-writ spending of the applicants, it equally limits the pre-writ spending of their third-party political adversaries," he wrote.
"It may disadvantage them and their allies in the labour movement today, but it may equally disadvantage corporate economic interests tomorrow."
Paul Cavaluzzo, who represents the unions, said his clients are disappointed with the ruling and are reviewing it as they weigh an appeal.
"Their concern is that they don't see how an election can be fair and legitimate when the government, as the judge found, violated their freedom of speech during an election campaign," he said, referencing a previous court challenge against the spending limits.
"As it stands today, the court has found that independent third parties have the constitutional right to run INEFFECTIVE campaigns in an Ontario election. We have trouble believing that that is what is intended by our Charter of Rights and Freedoms and its underlying democratic principles."
In an earlier court challenge, Morgan struck down the spending limits portion of the Election Finances Act on grounds that they infringed on the right to free speech.
The provincial government then invoked the notwithstanding clause to pass Bill 307, which reintroduced amendments to the legislation that had been deemed unconstitutional. The clause allows legislatures to override portions of the charter for a five-year term.
That prompted the coalition to launch a second challenge, this time focusing on the constitutional rights of voters.
The changes brought in by the government double the restricted pre-election spending period for third-party advertisements to 12 months before an election call, but keep the same spending limit of $600,000.
The province argued the changes were necessary to protect elections from outside influence.
This report by The Canadian Press was first published Dec. 8, 2021.
CTVNews.ca Top Stories
![](https://www.ctvnews.ca/polopoly_fs/1.6976926.1721883767!/httpImage/image.png_gen/derivatives/landscape_800/image.png)
AS IT HAPPENED Wildfire reaches Jasper Wednesday night, causes 'significant loss'
One of two wildfires threatening Jasper National Park reached the townsite Wednesday night and caused 'significant loss.'
Alberta calls in army to assist with wildfire situation
Alberta has called in the Canadian Armed Forces to help assist with the worsening wildfire situation in the province.
Biden explains why he ended re-election bid in Oval Office address
U.S. President Joe Biden on Wednesday delivered a solemn call to voters to defend the country's democracy as he laid out in an Oval Office address his decision to drop his bid for reelection and throw his support behind Vice President Kamala Harris.
Barrie-Innisfil MPP 'blacked-out' and crashed car into window of child care centre
Staff at a Barrie child care centre say they are frustrated by what they call a local MPP's inadequate response after a car crashed through a window in one of the toddler rooms.
Norad intercepts Russian and Chinese bombers operating together near Alaska in apparent first
The North American Aerospace Defence Command (Norad) intercepted two Russian and two Chinese bombers flying near Alaska Wednesday in what appears to be the first time the two countries have been intercepted while operating together.
2 Canadians being 'sent home immediately,' removed from Olympic team after drone incident
An analyst and an assistant coach with Canada Soccer are being removed from the Canadian Olympic Team and 'sent home immediately,' according to the Canadian Olympic Committee.
An unwelcome attendee has joined the Paris Olympic Games: COVID-19
After a handful of Australian water polo players tested positive for COVID-19 this week, questions have emerged around how the spread of the disease will be mitigated at the Summer Olympic Games in Paris.
Vacations, meals, booze: Contractor used $100K of charity's money for personal expenses, B.C. court finds
A B.C. man who was hired to help a non-profit build a food hub but instead spent the money on personal expenses – including travel, restaurants, booze and cannabis – has been ordered to pay more than $120,000 in damages.
Male, female killed, 2 others injured in 'gun battle' outside Toronto plaza: police
Two people are dead and two others suffered serious injuries following a shooting that police have described as a 'gun battle' outside a plaza in Scarborough, Ont. early Wednesday morning.