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an explanation for doubling the limit, and his decision meant sections of the law involved in the court challenge were no longer in effect.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
New Norad commander calls Canada's defence policy update 'very encouraging'
American troops will be spending more time training in the Far North, the new commander of Norad says, a strategy that fits 'hand-in-glove' with Canada's renewed focus on Arctic defence.
opinion The special relationship between King Charles and the Princess of Wales
Royal commentator Afua Hagan writes that when King Charles recently admitted Catherine to the Order of the Companions of Honour, it not only made history, but it reinforced the strong bond between the King and his beloved daughter-in-law.
'I was scared': Ontario man's car repossessed after missing two repair loan payments
An Ontario man who took out a loan to pay for auto repairs said his car was repossessed after he missed two payments.
$70M Lotto Max winners kept prize a secret from family for 2 months
During a special winner celebration near their hometown, Doug and Enid shared the story of how they discovered they were holding a Lotto Max ticket worth $70 million and how they kept this huge secret for so long.
Are Canadians getting sick from expired food?
A new survey by Dalhousie University's Agri-Food Analytics Lab asked Canadians about their food consumption habits amid rising prices.
Documents reveal Ottawa's efforts to get Loblaw, Walmart on board with grocery code
It was evident to the federal government as early as last fall that Loblaw and Walmart might be holdouts to the grocery code of conduct, jeopardizing the project's success.
Charlie Woods, son of Tiger, shoots 81 in U.S. Open qualifier
Charlie Woods failed to advance in a U.S. Open local qualifying event Thursday, shooting a 9-over 81 at Legacy Golf & Tennis Club.
Improve balance and build core strength with this exercise
When it comes to cardiovascular fitness, you may tend to focus on activities that move you forward, such as walking, running and cycling.
B.C. tenants evicted for landlord's use after refusing large rent increase to take over neighbouring suite
Ashley Dickey and her mother rented part of the same Coquitlam duplex in three different decades under three different landlords.