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Free Speech Upheld: Court Rules Election Gag Law is Unconstitutional

Author: Walter Robinson 2001/06/28
-- CTF Praises Alberta Ruling, Urges Federal Government to Give Up --

OTTAWA: The Canadian Taxpayers Federation (CTF) today reacted to news that Justice Robert Cairns of the Alberta Court of Queen's Bench has ruled that provisions in the Canada Elections Act restricting spending by third-parties during an election campaign are unconstitutional.

In his judgment, Justice Cairns writes, "I agree with the plaintiffs that there is no actual evidence of a disproportionate influence on the electorate because of third-party spending, nor is there any evidence that there has been domination of the electorate because of third-party spending." The National Citizens Coalition launched a constitutional challenge to the law last fall.

"This ruling mirrors testimony that the CTF has repeatedly offered before federal and provincial legislative committees studying third-party spending restrictions. Gag-laws on advertising by citizen groups and citizens during election campaigns are unreasonable infringements of a basic constitutional freedom," stated CTF federal director Walter Robinson.

Robinson went on to state, "the federal government will no doubt appeal this ruling to the Alberta Court of Appeal and most likely to the Supreme Court of Canada should this section of the Elections Act continue to be struck down. In this sense, Ottawa just doesn't get it!"

"Third party spending restrictions were crafted by the federal government on the incorrect and arrogant premise that voters are stupid and that only registered political parties and candidates should frame election debate," added Robinson. "We vehemently disagree with this premise. Elections are about ideas. Voters make choices after due consideration of competing ideas. Indeed it is voters and citizens who are at the heart of our political system, not political parties."

"Today's ruling is a victory for voters. As in previous challenges to these draconian gag-laws, the court has ruled that free speech is not a government sanctioned privilege," Robinson concluded. "As we celebrate Canada Day and the birth of our nation, the federal government would be wise to abide by this ruling, repeal the unconstitutional sections of the Elections Act and in so doing, they would giving birth to a new respect for democracy, not to mention, the intelligence of voters."

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Franco Terrazzano
Federal Director at
Canadian Taxpayers
Federation

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