The court sided with unions that challenged the Doug Ford government's use of the notwithstanding clause to protect legislation limiting their ability to run ads ahead of an election
EDITOR’S NOTE: This article originally appeared on The Trillium, a new Village Media website devoted exclusively to covering provincial politics at Queen’s Park.
The Progressive Conservative government made history in 2021 when it passed legislation implementing strict spending limits on third-party advertising in the year leading up to an election; it was the first time the province had used the notwithstanding clause in a bill that was made law. The court has given the Ford government one year to rewrite its law to be Charter-compliant. However, a spokesperson for the attorney general said Monday afternoon the government seek leave to appeal the decision at the Supreme Court of Canada, which could opt to hear the case or let the Court of Appeal judgment stand. "This is very exciting — it feels like vindication," Ontario Secondary School Teachers' Federation president Karen Littlewood told The Trillium.
One of the parties to the court challenge was the Working Families Coalition, a coalition of unions that for years was the biggest third-party spender, producing hard-hitting attack ads targeting PC leaders. According to the Canadian Civil Liberties Association , which intervened in the case, the court found that in order to be Charter-compliant the restrictions would need to be "carefully tailored" and permit "a modest informational campaign."
The most important aspect of the ruling, she said, is that it tells the Ford government it can't take a "casual attitude" to Charter rights and the notwithstanding clause.
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