of their limits on election spending by third parties (not third political parties but "any individual or group other than a candidate or a registered political party") --
In 1997, the Supreme Court of Canada decision in Libman v. Quebec (Attorney General), which concerned third party spending under the Referendum Act of Quebec, shed new light on the issue by addressing the reasoning offered by the Alberta Court of Appeal in the Somerville case. It found that fostering equality of participation, through the limitation of third party expenditures, was a valid legislative objective. The court also stated that third party regulations are designed "to permit an informed choice to be made by ensuring that some positions are not buried by others" and "to preserve the confidence of the electorate in a democratic process that it knows will not be dominated by the power of money." At the same time, the Court ruled that s. 404 of the Quebec Referendum Act, which virtually ruled out third party spending, was too restrictive. (In 1998, Quebec's Referendum Act and Election Act were amended to allow "private intervenors" to spend up to $300 on "publicity expenses" to advertise the intervenor's views on a matter of public interest but "without directly promoting or opposing a candidate or a party.")
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April 12, 2000 Appearing before the Standing Senate Committee on Legal and Constitutional Affairs during its review of Bill C-2, the Chief Electoral Officer stated that "the most significant new provision in Bill C-2 concerns the introduction of a regime that extends spending limits and financial disclosure requirements to...third parties." He referred to court decisions, including Somerville and Libman, and provided examples where third parties are regulated at the provincial level in Canada and the United States. The Chief Electoral Officer did not comment on the level of the spending limits for third party advertising.
Senate Proceedings of the Standing Senate Committee on Legal and Constitutional Affairs, Evidence Bill C-2 Meeting No. 14, pp. 150
Source: Parliament of Canada Web site
http://www.parl.gc.caOctober 11, 2000 In his Outline of Evidence in Harper v. Canada (Attorney General), the Chief Electoral Officer stated that "unlimited election advertising by third parties undermines the...political equality of citizens, as it would if there were no limits on political parties or candidates." He added that limits on third party election advertising do not prevent third party advertising, "but rather keep the differences between citizens within set boundaries."
Outline of the Evidence of the Chief Electoral Officer of Canada in Harper v. Canada (Attorney General) (not available on-line)
October 11, 2000 Testifying before the Alberta Court of Queen's Bench in Harper v. Canada (Attorney General) in which it was argued that ss. 323(1) and (3), 350360 and 362 of the new Canada Elections Act contravened the freedoms of expression and association as guaranteed by the Canadian Charter of Rights and Freedoms the Chief Electoral Officer, acting as an intervenor, expressed his view that third party controls are "capital for the structure of the Canada Elections Act" and that without them, "that very structure is attacked at its core." The Chief Electoral Officer also referred to American studies and court cases on the issue. Responding to questions on the registration and reporting requirements for third parties, the Chief Electoral Officer stated that all this information is related to the "public's right to know who is contributing." He was not asked about nor did he comment on the level of the spending limits for third party advertising.
Transcript of Testimony of the Chief Electoral Officer in Harper v. Canada (Attorney General) (not available on-line)
October 22, 2000 The Chief Electoral Officer issued a press release about the new limits on third party election advertising for the election that was then in progress. The Chief Electoral Officer added that there were also registration, reporting and disclosure requirements that applied to third parties.
Press release: New Rules on the Role of Third Parties in a Federal Election
Source: Elections Canada: Media: Press Releases and Media Advisories
October 26, 2000 The Chief Electoral Officer issued a press release following the decision of the Alberta Court of Appeal to uphold an injunction by the Alberta Court of Queen's Bench. The injunction prevented Elections Canada "from enforcing the spending limits in s. 350 of the Canada Elections Act" during the election that was then in progress until the Court made a final judgment on the constitutionality of the third party provisions. The Chief Electoral Officer stated: "It is in the public interest that the law be applied uniformly in a federal general election." "The injunction will apply to all of Canada," he added. The Chief Electoral Officer noted that the other third party provisions in the Canada Elections Act remained in force, including the requirement to register as a third party and to report on the sources of funding for third party advertising.
Press release: Chief Electoral Officer Announces His Position on the Application of the Alberta Court Decision on Third Parties
Source: Elections Canada: Media: Press Releases and Media Advisories
November 10, 2000 The Chief Electoral Officer issued a press release announcing that the Supreme Court of Canada had suspended the injunction issued by the Court of Queen's Bench of Alberta until the Supreme Court had heard the appeal of the injunction. He indicated that Elections Canada would not apply the spending limits on third party election advertising for the period between October 22 and November 10, 2000. The Chief Electoral Officer added that "further to the Supreme Court's decision, s. 350 of the Canada Elections Act will be in force for the remainder of the federal election."
Press release: Chief Electoral Officer Announces His Position on the Application of the Supreme Court Decision on Third Parties
Source: Elections Canada: Media: Press Releases and Media Advisories
November 27, 2000 In a major survey that was part of the 2000 Canadian Election Study, 80.7% of respondents thought that "it is a good thing" to limit the amount of money that individuals and groups (other than candidates and parties) can spend to advertise their support for a party or a policy during an election campaign; 84.5% thought that "it is a good thing" to require individuals and groups who advertise during an election campaign to make public how much they have spent.
Canadian Election Study 2000 Canadian Election
Source:
http://www.fas.umontreal.ca/pol/ces-eec/March 19, 2001 The Report of the Chief Electoral Officer of Canada on the 37th General Election Held on November 27, 2000 was submitted to Parliament. Following a summary of the legislative provisions on third party advertising, the report provided a chronology of the case Harper v. Canada (Attorney General). The report indicated that the Chief Electoral Officer had appeared before the Court of Queen's Bench of Alberta, where he reiterated his recommendations to Parliament about the underlying principles of disclosure and spending limits, and about the importance of a level playing field for all who intervene in the electoral process. The report highlighted that the Chief Electoral Officer had not commented on the level or the appropriateness of the limits chosen by Parliament.
Report of the Chief Electoral Officer of Canada on the 37th General Election Held on November 27, 2000 pp. 6870
Source: Elections Canada
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May 18, 2004 The Supreme Court of Canada issued its decision in Harper v. Canada (Attorney General). The nine-member court ruled unanimously that ss. 323 and 352360, which include the limits on third party election advertising as well as registration and reporting requirements adopted in 2000, were constitutional. However, in the case of section 350, which prescribes the level of third party spending limits, a minority of three justices declared that provision to be unconstitutional, as well as section 351, which prohibits third parties from colluding to circumvent limits.
Supreme Court of Canada <2004> S.C.C. No. 33
May 18, 2004 The Chief Electoral Officer issued a press release announcing the position of Elections Canada on enforcement of the third party provisions in the Canada Elections Act in light of the Supreme Court of Canada's decision in Harper v. Canada (Attorney General). The Chief Electoral Officer stated that all the provisions adopted in 2000 "are once again in force across Canada," including the limits on third party election advertising and the registration and reporting requirements.