Ontario calls back legislators as government looks to invoke notwithstanding clause
Ontario legislators interrupted their summer break to kick off a marathon sitting Thursday as the government prepared to invoke the notwithstanding clause to restore parts of a law that restrict third-party election advertising.
A judge struck down sections of the law earlier this week but the Progressive Conservative government said it would restore them through new legislation that includes the clause, which allows legislatures to override portions of the charter for five years.
Critics have called the government's move an abuse of power meant to silence opponents ahead of the election. Opposition parties said they'd do their best to stall progress of the new bill, which was introduced Thursday, setting the stage for a lengthy weekend session.
Legislators will hold an overnight debate in the early hours of Saturday and continue proceedings on Sunday afternoon, with a vote on the bill expected on Monday evening, said Government House Leader Paul Calandra.
"I think it's going to be a very spirited weekend of debate," he said. "That's our job, and I know members on all sides will do what we have to do to move our points forward."
Ontario Superior Court Justice Edward Morgan sided with a group of unions in his Tuesday judgement, finding it was unnecessary for the government to amend the Election Finances Act and double the restricted pre-election spending period for third-party advertisements.
A bill that took effect this spring had stretched the restricted spending period to 12 months before an election, but kept the spending limit of $600,000 the same.
Unions said the limit infringed on their rights to free speech, but the attorney general argued the changes were necessary to protect elections from outside influence.
Morgan wrote that the government didn't provide an explanation for doubling the limit and found the law unconstitutional. His decision meant sections of the law involved in the court challenge were no longer in effect, with the next provincial election scheduled for June 2, 2022.
Calandra said it's "imperative" to restore the law quickly. He argued the 12-month limit is important to protecting democratic elections from outside interference.
"We are using the tools available to us to ensure that our elections are done fairly," he said.
Opposition politicians plan to fight the legislation.
NDP Leader Andrea Horwath called the move a "power grab" meant to silence opponents and criticized the timing of the debate, which will take place over a weekend when Ontario will see loosened public health measures for businesses and outdoor gatherings.
"It's pretty apparent that Doug Ford is desperate and he wants to get this done as quickly as possible so people don't notice it," she said.
The NDP introduced motions on issues related to the pandemic and read out petitions on Thursday to stall the progress of the bill, though Horwath noted the opposition's options for delaying the final vote on the legislation are limited.
Green party Leader Mike Schreiner said stalling the vote would give Ontarians time to become aware of it and contact their MPPs to voice concerns.
"Every day that you can, or every hour at this point, that you can delay this, it gives the people of Ontario time to mobilize against it," he said.
Non-profit organization Democracy Watch said it was "undemocratic and dictatorial, and likely illegal" for Premier Doug Ford to use the notwithstanding clause to impose "arbitrary and unconstitutional" spending limits on interest groups before the election.
Nelson Wiseman, a political science professor at the University of Toronto, said the use of the notwithstanding clause isn't necessarily outrageous, but in this situation "it is clearly just politically driven" and suggests the government is fearful heading in to the next election.
Ford threatened to use the clause years earlier, when his government was working to slash Toronto city council seats in 2018. That attempt sparked outrage, but the clause ultimately wasn't invoked because of how a related court process unfolded.
Wiseman predicted the government's latest move would likely hurt Ford's popularity, at least for a time and said he'd be watching to see if the premier backs down.
"You're dealing with elections, voting, the heart of democracy," Wiseman said. "I think it's very poor political judgment and I think it's a misuse of (the clause)."
This report by The Canadian Press was first published June 10, 2021.
CTVNews.ca Top Stories
'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.
Half of Canadians have negative opinion of latest Liberal budget: poll
A new poll suggests the Liberals have not won over voters with their latest budget, though there is broad support for their plan to build millions of homes.
opinion Why you should protect your investments by naming a trusted contact person
Appointing a trusted person to help with financial obligations can give you peace of mind. In his personal finance column for CTVNews.ca, Christopher Liew outlines the key benefits of naming a confidant to take over your financial responsibilities, if the need ever arises.
Teacher shortages see some Ontario high school students awarded perfect grades on midterm exams
Students at a high school in York Region have been awarded perfect marks on their midterm exams in three subjects – not because of their academic performances however, but because they had no teacher.
'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.
Ottawa injects another $36M into vaccine injury compensation fund
The federal government has added $36.4 million to a program designed to support people who have been seriously injured or killed by vaccines since the end of 2020.
Photographer alleges he was forced to watch Megan Thee Stallion have sex and was unfairly fired
A photographer who worked for Megan Thee Stallion said in a lawsuit filed Tuesday that he was forced to watch her have sex, was unfairly fired soon after and was abused as her employee.
An Ontario senior thought he called Geek Squad for help with his printer. Instead, he got scammed out of $25,000
An Ontario senior’s attempt to get technical help online led him into a spoofing scam where he lost $25,000. Now, he’s sharing his story to warn others.
Her fiance has been in prison for 49 years. She's trying to free him before it’s too late
She was lying in bed on a Thursday morning, thinking about the man she loved, hoping to win his freedom before time ran out.