Ford government pushes through controversial election spending bill with notwithstanding clause

The governmentof Premier Doug Ford haspusheda controversial bill through the Ontario legislature limiting third-party election advertising by employing a rarely used legislative power.

Bill 307, whichused the notwithstanding clause to reintroduce parts of a law struck down by a judge last week, passed Monday by a marginof 63 votes to 47.

The clause allows legislatures to override portions of the Canadian Charter of Rights and Freedoms for a five-year term.

A judge found it was unconstitutional for the government to double the restricted pre-election spending period for third-party advertisements to 12 months before an election call.

The Progressive Conservative government argued the extended restriction was necessary to protect elections from outside influence.

The bill passed Mondayafternoon after a marathon weekend debate in which opposition politicians argued the government was trying to silence criticism ahead of next June's provincial election.

"It's obviously a move from a man who's desperate to cling topower," said NDP Leader Andrea Horwath.

The New Democrats spent the day trying to drag out the process byintroducing a variety of motions on pandemic-related issues theyargued should be the focus of the sitting.Ford said earlier on Monday that he wouldn't be swayed.

"We're fighting for democracy," Ford said at Queen's Park."I'll work all day, all night to protect the people."

Last week, Ontario Superior Court Justice Edward Morgan found itwas unconstitutional for the Progressive Conservative government todouble the restricted pre-election spending period for third-partyadvertisements to 12 months before an election call.

A bill that took effect this spring had stretched the restrictedspending period from six months to one year before an election iscalled, but kept the spending limit of $600,000 the same.

Morgan found that the government didn't provide an explanationfor doubling the limit, and his decision meant sections of the lawinvolved in the court challenge were no longer in effect.

Unions argued limit infringed on their rights to free speech

Unions had argued the limit infringed on their rights to freespeech, but the attorney general argued the changes were necessaryto protect elections from outside influence.

The government reintroduced the bill with the override clauselast week, and held a marathon debate over the weekend.

Government house Leader Paul Calandra repeated the attorneygeneral's arguments on Monday, saying the amendments were necessaryto protect the elections.

"[The opposition]want a system where there are no rules,"Calandra said. "We insist that elections be done fairly."

He has also argued that it was necessary to recall legislatorsfrom their summer break to attend to the matter, because Morgan'sjudgment voided all limits on pre-election spending ahead of theJune 2, 2022 vote.

Green party leader Mike Schreiner called the move a "dark dayfor democracy," and said the emergency weekend sitting revealed thegovernment's priorities during the pandemic.

"It showed how quickly the government is willing to act toviolate people's charter rights and silence critics to address
government priorities: re-election," he said during debate onMonday.

'A day of infamy'

The Elementary Teachers' Federation of Ontario, one of the unionsinvolved in the court challenge, said it was exploring its legaloptions following the passing of Bill 307.

"If Ford believes that passing legislation to restrictthird-party advertising will silence his critics, he hasn't beenpaying attention," ETFO president Sam Hammond said.

The head of the Canadian Civil Liberties Association (CCLA) said Mondaywas "a day of infamy for Canada's constitution."

"The election gag law in question aids the incumbentgovernment's re-election bid in 2022 by limiting political voices
for the imminent election cycle," Michael Bryant said in statement.

The CCLA was also considering its "next legal steps," he said.

Del Duca: 'A sad day for our democracy'

Reacting to the bill's passage, Steven Del Duca, leader of the Ontario Liberal Party said,"Today is a sad day for our democracy."

Del Duca said Ford has "rammed through legislation," adding that itwill "undermine our right to free speech by silencing his critics."

He said Ford's move to push the bill throughis nothing more than an attempt to save his own political skin while changing the rules of an election he's already running in.

"Make no mistake, Doug Ford is silencing the front-line heroes the nurses, doctors, teachers, essential workers, and personal support workers who are speaking out against his government," Del Duca said.

OFL 'outraged' at unprecedented use of clause

Meanwhile, the Ontario Federation of Labour (OFL) said the legislation is "anti-democratic" and takes aim squarely at critics of the premier and his party.

President Patty Coates said the OFL is "outraged" at Ford's unprecedented use of the notwithstanding clause to trample Ontarians' Charter Rights.

"The freedom to peacefully express dissatisfaction with the government is a principle that must never be bent," said Coates.

"The Bill that Ford's Conservatives rammed through today, after it was already deemed unconstitutional, attempts to do just that. It's simply an end-run on our democracy and it is unacceptable. We won't forget this government's self-serving attempt to silence critics and rig the next election in their favour."