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an explanation for doubling the limit, and his decision meant sections of the law involved in the court challenge were no longer in effect.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
Stormy Daniels describes meeting Trump during occasionally graphic testimony in hush money trial
Stormy Daniels took the witness stand Tuesday at Donald Trump's hush money trial, describing for jurors a sexual encounter the porn actor says she had with him in 2006 that resulted in her being paid off to keep silent during the presidential race 10 years later.
Indian envoy warns of 'big red line,' days after charges laid in Nijjar case
India's envoy to Canada insists relations between the two countries are positive overall, despite what he describes as 'a lot of noise.'
Susan Buckner, who played spirited cheerleader Patty Simcox in 'Grease,' dead at 72
Susan Buckner, best known for playing peppy Rydell High School cheerleader Patty Simcox in the 1978 classic movie musical 'Grease,' has died. She was 72.
Former homicide detective explains how police will investigate shooting outside Drake's Bridle Path mansion
Footage from dozens of security cameras in the area of Drake’s Bridle Path mansion could be the key to identifying the suspect responsible for shooting and seriously injuring a security guard outside the rapper’s sprawling home early Tuesday morning, a former Toronto homicide detective says.
Jeremy Skibicki has 'uphill battle' to prove he's not criminally responsible in Winnipeg killings: legal analysts
Accused killer Jeremy Skibicki could have a challenging time convincing a judge that he is not criminally responsible for the deaths of four Indigenous women, a legal analyst says.
Alcohol believed to be a factor in boating incident after 2 men die: N.S. RCMP
Two Nova Scotia men are dead after a boat they were travelling in sank in the Annapolis River in Granville Centre, N.S., on Monday.
Northern Ont. woman makes 'eggstraordinary' find
A chicken farmer near Mattawa made an 'eggstraordinary' find Friday morning when she discovered one of her hens laid an egg close to three times the size of an average large chicken egg.
Bye-bye bag fee: Calgary repeals single-use bylaw
A Calgary bylaw requiring businesses to charge a minimum bag fee and only provide single-use items when requested has officially been tossed.
CFL suspends Argos QB Chad Kelly at least nine games following investigation
The CFL suspended Toronto Argonauts quarterback Chad Kelly for at least nine regular-season games Tuesday following its investigation into a lawsuit filed by a former strength-and-conditioning coach against both the player and club.