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Gag law decision continues to stifle democracy

Author: John Williamson 2004/05/17
Citizens silenced while taxpayers foot the bill for elections

EDMONTON: The Canadian Taxpayers Federation (CTF) responded to the Supreme Court of Canada's decision to uphold spending restrictions on citizens and citizens groups in the Canada Elections Act. The Supreme Court has ruled that eleven sections of the Canada Elections Act violate freedom of speech but are nevertheless justified as a "reasonable limit" on this freedom, and are therefore valid under the Charter of Rights and Freedoms. The court also ruled that none of the disputed sections violate the Charter right to freedom of association.

The Canada Elections Act makes it illegal for any group or individual citizen to spend more than $150,000 nationally, or $3,000 at the local riding level, on what the Chief Electoral Officer of Canada might deem to be election advertising. In contrast, political parties will be able to spend more than $37 million, most of which will come from tax dollars thanks to the new public election financing provisions in the Canada Elections Act. Similarly, each candidate will be able to spend up to $75,000 at the riding level.

"Citizens and taxpayers have been stripped of their right to be heard during an election campaign," said CTF director John Carpay. "This ruling ensures that elections are for politicians only. Voters by contrast will not be heard. Citizens will only be able to spend four tenths of one per cent of what politicians may spend."

"Parliament should act immediately to change this legislation, and nothing stops Parliament from doing so," continued Carpay.

Section 353 of the Canada Elections Act requires any grassroots group of citizens, like concerned neighbours meeting in a living room, to register themselves with the Chief Electoral Officer if they plan to spend more than $500 on advertising.

"Some local environmentalists wanting to spend $525 on lawn signs to raise awareness about toxins in a creek must appoint a leader and a financial agent, both of whom must register themselves with the Chief Electoral Officer or face penalties for violating the Canada Elections Act," stated Carpay.

"These limits on freedom of speech and freedom of association, combined with the legal requirement for citizens to register themselves if they want to play a more active role in an election, are like a cold, wet blanket which stifles democracy," concluded Carpay.

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