Ontario passes election spending bill with notwithstanding clause
Ontario's Progressive Conservatives employed a rarely used legislative power on Monday to pass a bill limiting third-party election advertising amid shouts of "shame" from the opposition.
The government used the notwithstanding clause to pass Bill 307, which reintroduced amendments to the Election Finances Act that a judge struck down as unconstitutional last week.
The clause allows legislatures to override portions of the charter for a five-year term.
The opposition parties argued the legislation was an attempt by Premier Doug Ford's government to silence criticism ahead of next year's provincial election.
"It's obviously a move from a man who's desperate to cling to power," said NDP Leader Andrea Horwath.
The New Democrats spent the day trying to drag out the process by introducing a variety of motions on pandemic-related issues they argued should be the focus of the sitting.
Ford said earlier on Monday that he wouldn't be swayed.
"We're fighting for democracy," Ford said at Queen's Park. "I'll work all day, all night to protect the people."
Last week, Ontario Superior Court Justice Edward Morgan found it was unconstitutional for the Progressive Conservative government to double the restricted pre-election spending period for third-party advertisements to 12 months before an election call.
A bill that took effect this spring had stretched the restricted spending period from six months to one year before an election is called, but kept the spending limit of $600,000 the same.
Morgan found that the government didn't provide an explanation for doubling the limit, and his decision meant sections of the law involved in the court challenge were no longer in effect.
Unions had argued the limit infringed on their rights to free speech, but the attorney general argued the changes were necessary to protect elections from outside influence.
The government reintroduced the bill with the override clause last week, and held a marathon debate over the weekend.
Government house Leader Paul Calandra repeated the attorney general's arguments on Monday, saying the amendments were necessary to protect the elections.
"They (the opposition) want a system where there are no rules," Calandra said. "We insist that elections be done fairly."
He has also argued that it was necessary to recall legislators from their summer break to attend to the matter, because Morgan's judgment voided all limits on pre-election spending ahead of the June 2 vote.
Green party leader Mike Schreiner called the move a "dark day for democracy," and said the emergency weekend sitting revealed the government's priorities during the pandemic.
"It showed how quickly the government is willing to act to violate people's charter rights and silence critics to address government priorities: re-election," he said during debate on Monday.
The Elementary Teachers' Federation of Ontario, one of the unions involved in the court challenge, said it was exploring its legal options following the passing of Bill 307.
"If Ford believes that passing legislation to restrict third-party advertising will silence his critics, he hasn't been paying attention," ETFO president Sam Hammond said.
The head of the Canadian Civil Liberties Association said Monday was "a day of infamy for Canada's constitution."
"The election gag law in question aids the incumbent government's re-election bid in 2022 by limiting political voices for the imminent election cycle," Michael Bryant said in statement.
The CCLA was also considering its "next legal steps," he said.
This report by The Canadian Press was first published June 14, 2021.
CTVNews.ca Top Stories
Most of Canada to receive emergency alert test today
The federal government will test its capacity to issue emergency alerts today, with the exception of Ontario, where the test will take place on May 15.
OPINION What King Charles' schedule being too 'full' to accommodate son suggests about relationship with Prince Harry
Prince Harry, the Duke of Sussex, has made headlines with his recent arrival in the U.K., this time to celebrate all things Invictus. But upon the prince landing in the U.K., we have already had confirmation that King Charles III won't have time to see his youngest son during his brief visit.
Ontario man devastated to learn $150,000 line of credit isn't insured after wife dies
An Ontario man found out that a line of credit he thought was insured actually isn't after his wife of 50 years died.
Boy Scouts of America is rebranding. Here's why they're now named Scouting America
After more than a century, Boy Scouts of America is rebranding as Scouting America, another major shakeup for an organization that once proudly resisted change.
Trial begins for Winnipeg serial killer who claims he was mentally ill
The trial of a man who admits he killed four women in Winnipeg is set to begin Wednesday, and a law professor says lawyers for Jeremy Skibicki have multiple hurdles to clear for a defence of mental illness.
New Canadian study could be a lifesaver for thousands suffering from CTE
A first-of-its-kind Canadian research study is working towards a major medical breakthrough for a brain disorder, believed to be caused by repeated head injuries, that can only be detected after death.
Rape, terror and death at sea: How a boat carrying Rohingya children, women and men capsized
In March, Indonesian officials and local fishermen rescued 75 people from the overturned hull of a boat off the coast of Indonesia. Until now, little was known about why the boat capsized.
Stormy Daniels describes meeting Trump during occasionally graphic testimony in hush money trial
With Donald Trump sitting just feet away, Stormy Daniels testified Tuesday at the former president's hush money trial about a sexual encounter the porn actor says they had in 2006 that resulted in her being paid to keep silent during the presidential race 10 years later.
These adults born in the '90s partnered with their parents to buy homes in Ontario
An Ontario woman said it would have been impossible to buy a house without her mother – an anecdote that animates the fact that over 17 per cent of Canadian homeowners born in the ‘90s own their property with their parents, according to a new report.