Manitoba's balanced budget law has taken on mythical proportions since it was passed five years ago. It has become the de facto constitution of the province's finances. No piece of legislation is more respected and revered. Even the NDP, once vocal enemies of balanced budget laws while in Opposition, refuse to mess with it today - at least not in the open.

Instead, the NDP have found a cunning way to sabotage the taxpayer protection provisions of the balanced budget law and pave the way for tax hikes without raising any flags. Amendments to the Elections Act would limit citizen group advertising to only $5,000 during elections. But the "gag law" would also apply to advertising for referendums on tax increases.

As it stands, the balanced budget law requires approval by voters in a referendum before taxes can be raised. Opponents of tax hikes would be restricted to $5,000 in advertising while the government could spend a fortune promoting it. So much for a level playing field.

Citizen group advertising is an important line of defence against referendums on tax hikes. But the NDP's gag law would effectively silence any protest.

Premier Doer recently countered saying the ad restrictions only apply to election communications that single-out parties or candidates. He is mistaken in the reading of his own gag law.

The wording of Bill 4 clearly states that the $5,000 advertising cap also applies to the "programs or policies" of the parties and candidates. But it would be virtually impossible to find and publicize an issue that no party or candidate holds a position on.

If a party were to propose a tax reform model during an election that would cause taxes to rise for middle-income earners, the new election law would restrict individuals from advertising against the proposal even if no names were mentioned.

A Victoria law firm offered a legal opinion and found that the restrictions on free speech in Bill 4 are contrary to the Charter of Rights and Freedoms and will most likely be struck down by the courts if challenged.

It seems like deja vu. Four months ago, the British Columbia Supreme struck down as unconstitutional the same gag law that is on display in Manitoba. The court ruled that a $5,000 restriction on citizen group advertising contravened the Charter.

To avoid costly legal challenges, the government should refer the amendments to the Manitoba Court of Appeal for a constitutional assessment. If the NDP say no, we say, see you in court.



In the last election the NDP offered property owners a $75 tax credit. Now the NDP have declared war on them with Bill 42. Amendments to the Public Schools Act will drive up education costs and send property taxes soaring.

Arbitrators of unresolved teacher contract negotiations would no longer have to consider taxpayers' ability to pay when awarding a settlement. If limited school board resources are viewed as inconsequential, it will be open season on property owners for increased funding.

The Manitoba Association of School Trustees has launched a $60,000 advertising campaign to defend taxpayers from these offensive amendments - a right that will likely be targeted and stripped away as well once the gag law is passed.

Without mentioning any names from Winnipeg One, school trustees who are afraid to take-on the government and shield property owners from the impending tax hikes in Bill 42 should resign and avail their positions to individuals who will. Let MTS represent its teachers and let the school boards defend property owners.