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The Canada Elections Act, Safeguarding Democracy

Author: Walter Robinson 1999/04/08
The House of Commons Easter recess is what is known as a "down period" in Ottawa's media and political circles. Non-governmental organizations and government departments sometimes make strategic use of these "down periods" to put out a major report or announce new initiatives knowing that they will get better coverage because the media radar screen is not congested with the daily traffic of question period and other House activities.

And true to form, the Natural Law Party issued a news release noting that Yogic Flyers were the key to ending the war in Kosovo - thankfully, there wasn't any media pickup of this revelation. But equally absurd was a new release issued by Elections Canada in advance of the Windsor St. Clair by-election. Subtitled "Media Do's and Don'ts For This Weekend and Election Day", it is a revealing look at the farcical state of Elections law in Canada.

Citing Section 48 of the Canada Elections Act, the notice warns of the advertising blackout "beginning at midnight Saturday April 10, 1999". One assumes our legislators have reasoned that voters upon hearing a radio ad too close to voting day would cast voters into a dizzying state of confusion rendering them incapable of exercising their franchise.

And then there is the requirement that all advertising must "identify the agent authorizing the advertisement". As we all know, the 'authorizing agent' is a big factor in determining which way to vote.

As for the very serious matter of filming voters, the notice reads: "Members of the media wishing to obtain general footage - should first obtain permission from the returning officer." Better do it quickly. "Permission" may require hours of onerous paperwork or a series of phone calls to Elections Canada in Ottawa.

Finally, the notice reminds the media: "No one may block the access of electors to polling stations" as though TV crews are in the hip pocket of some political party and regularly leave their cameras and equipment in doorways blocking the entrance of polling stations. It would be funny save for the fact it's true!

It's not just a federal phenomena. British Columbia's new Election Act regulations actually spell out rules governing the consumption of coffee, the weight of paper recall petitions can be signed on and what constitutes an "approved" writing implement.

So unless you can afford to hire a lawyer and accountant to sort through the untold maze of forms and regulations don't bother participating at election time. Moreover, proof lies in the growing number of smaller parties and candidates who have been fined and/or steamrolled right out of existence.

Thankfully, media outlets and citizen groups have successfully fought many of the more offensive election regulations in court. These include the federal "gag law" which had effectively prohibited anyone other than politicians from advertising during election campaigns. Likewise, a ban on releasing poll data 72 hours from voting day was struck down as "gravely insulting" to voters. Not that any of those decisions would ever stop our control-freak governments from policing and regulating free speech and democracy right out of existence.

This spring the federal government will reintroduce a gag law (for the fourth time), new restrictions on the release of polling data and even enhance taxpayer reimbursements of their election expenses.

The Elections Canada notice may hint at what is next when it laments there is "no provision concerning the content of news or public affairs programming - during the election period."

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Franco Terrazzano
Federal Director at
Canadian Taxpayers
Federation

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